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April 19, 2024
IQVIA Strikes Deal To Exit Ex-Workers' 401(k) Suit
Healthcare technology company IQVIA has reached a settlement to resolve allegations from a 9,000-member class that it picked inferior and expensive investments for its $1.13 billion 401(k) plan, according to a filing in North Carolina federal court.
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April 19, 2024
Twitter Can't Sink Age Bias Suit Over Post-Musk Layoffs
A California federal judge has refused to throw out a former Twitter employee's proposed class action alleging that a wave of layoffs following Elon Musk's acquisition of the social media platform now called X disproportionately pushed out older workers, saying the suit had enough detail to stay in court.
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April 19, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen U.K. holiday resort chain Butlins target Aviva and a huddle of insurers, Meta and WhatsApp tackle a patents claim by telecommunications company Semitel, an ongoing construction dispute between Essex County Council and Balfour Beatty, and Formycon AG hit a pharmaceutical company for infringing medical products. Here, Law360 looks at these and other new claims in the U.K.
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April 18, 2024
Amazon Ignored Labor, IP Laws In AI 'Panic,' Ex-Worker Says
An artificial intelligence researcher suing Amazon for labor law violations says it disregarded numerous laws in a frantic attempt to catch up to its AI rivals, directing her to ignore copyright laws in developing its large language models and retaliating when her pregnancy leave coincided with a rival's product launch.
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April 18, 2024
USPTO Reveals Scaled-Back Plan For New Patent Board Rules
The U.S. Patent and Trademark Office unveiled proposed Patent Trial and Appeal Board rules Thursday that would codify current policies on when multiple challenges to one patent are permitted and set a new briefing process about discretionary denials, which attorneys say should add clarity.
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April 18, 2024
Ex-Autonomy CEO Wanted Whistleblower Fired, Ex-GC Says
Former Autonomy CEO Michael Lynch thought a finance department whistleblower was "trying to destroy the company" and wanted him fired, the software company's former U.S. general counsel testified Thursday in a criminal fraud trial over claims Lynch conned HP into buying the British company at an inflated price of $11.7 billion.
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April 18, 2024
You Can't Get Fees Without Asking First, Judge Tells Dell
U.S. District Judge Alan Albright on Thursday declined to order a patent litigation plaintiff to pay attorney fees after bringing a failed patent suit, finding that Dell failed to file any motion requesting fees despite claiming the case was "frivolous" and "meritless" from the start.
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April 18, 2024
Satellite Broadband Co. Faces Investor Suit Over Project Delay
Satellite manufacturer AST SpaceMobile Inc. was hit with an investor suit accusing it of concealing supply issues that prevented the timely launch of a satellite fleet intended to provide broadband services, leading to a 24% share price decline when the issues were eventually disclosed.
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April 18, 2024
Samsung Gets PTAB To Sink Netlist Patent Claim
The Patent Trial and Appeal Board has sided with Samsung's arguments that a claim in a patent owned by chipmaker Netlist wasn't valid, after the board already found that an earlier decade-old suit against Google didn't block Samsung's petition.
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April 18, 2024
Google Judge Notes Broad Reach Of Texas Ad Tech Claims
A Texas federal judge pressed Google during oral arguments Thursday to explain why a coalition of state attorneys general can't sue over its dominance in advertising placement auction technology when they're representing not just companies suing separately, but consumers as well.
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April 18, 2024
DOJ Tries To Quell Lawmakers' Concerns On FISA Bill
The U.S. Department of Justice is looking to allay privacy concerns on Capitol Hill raised over the proposed reauthorization of the Foreign Intelligence Surveillance Act, telling Sen. Mark Warner, D-Va., and others in recent letters that domestic churches and media companies can't be targeted under a controversial amendment.
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April 18, 2024
School, Library Supporters Call FCC Wi-Fi Plan Cost Effective
A trio of school and library groups defended a Federal Communications Commission plan to fund Wi-Fi hot spots in education, saying the conservative Heritage Foundation mischaracterized the initiative as wasteful.
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April 18, 2024
AT&T, Pittsburgh Settle Dispute Over Cell Site Fees, Delays
The city of Pittsburgh has created a new fee schedule for small wireless communications facilities, which AT&T agreed will resolve the telecom firm's claims that the city effectively prevented its service expansion with its prior fee schedule, according to a joint stipulation filed in Pennsylvania federal court.
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April 18, 2024
AGs, Google Defend $700M Play Store Deal Ripped By Judge
A group of state attorneys general and Google defended the proposed $700 million settlement both sides brokered in the states' antitrust suit against the company in December, telling a San Francisco federal judge that the deal is consistent with Ninth Circuit precedent and releases only a limited set of claims against Google for a seven-year period.
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April 18, 2024
Software Co. Demoted Worker For Getting Pregnant, Suit Says
A former sales director has claimed the software company she worked for ran afoul of federal and state laws when it gave away her job while she was on maternity leave and put her in a more junior role when she returned, according to lawsuit filed in Connecticut federal court.
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April 18, 2024
Cybersecurity Startup Loses 2 Patents At PTAB
A small cybersecurity startup litigating in Virginia federal court against larger tech companies has failed to persuade the Patent Trial and Appeal Board not to invalidate the entirety of two patents covering ways of combating "evolving" online threats, among other things.
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April 18, 2024
Sale Offer Should Doom Jetaire IP Suit, Judge Says
A Florida federal magistrate judge has said aviation company AerSale should get a win on arguments that not only did it not infringe a trio of Jetaire patents, but also that the patents are invalid.
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April 18, 2024
FCC Probing Causes Of 911 Outage Across Four States
The Federal Communications Commission said Thursday it will investigate what caused widespread 911 outages in Nevada, Texas, South Dakota and Nebraska.
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April 18, 2024
GAO Rejects Another Protest Over $1B Medicare IT Deal
The U.S. Government Accountability Office has rejected another protest over an up to $1 billion Centers for Medicare and Medicaid Services information technology deal, saying the agency fairly assessed Spatial Front Inc.'s proposal and didn't treat the company unequally.
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April 18, 2024
3rd Circ. Unclear If 'Session Replay' Web Code Directed At Pa.
A Third Circuit panel seemed torn Thursday over whether websites like those of Papa John's or Mattress Firm "directed conduct" at Pennsylvania when they ran "session replay" software to track users' visits and whether that gave courts in the Keystone State jurisdiction over users' claims that such tracking violated laws against wiretapping.
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April 18, 2024
23andMe Taps Dechert To Review CEO Buyout Proposal
A special committee of genetic testing company 23andMe has engaged Dechert LLP as its legal adviser and Wells Fargo as its financial adviser as it looks to review an anticipated buyout offer from its co-founder and CEO Anne Wojcicki, according to a statement Thursday.
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April 18, 2024
NY Appeals Court Revives AI Firm CLO's Claim For Pay
In a significant ruling for executives and professionals, a New York state appeals court has reversed the dismissal of key claims in a former chief legal officer's lawsuit alleging he wasn't paid all wages owed after his employment ended at artificial intelligence company Amelia US LLC.
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April 18, 2024
Biotech Co. NanoString Lands $393M Bid At Ch. 11 Auction
Scientific instrument maker Bruker Corp. is set to acquire insolvent biotechnology company NanoString for roughly $393 million in cash that would be used to repay creditors under the debtor's recently proposed Chapter 11 plan, a notice filed in Delaware's bankruptcy court shows.
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April 18, 2024
Amazon Strikes Deal, Staves Off Trial In Disability Bias Suit
Amazon reached a deal to end a suit from an ex-employee who accused the e-commerce giant of pushing him out because of a knee injury stemming from his military service, ahead of a trial slated to begin in May, according to a filing in California federal court.
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April 18, 2024
Former NetApp, Xerox Lawyer Joins McGuireWoods In NY
McGuireWoods LLP has hired the former in-house counsel of two Fortune 500 tech companies as a corporate technology and outsourcing team partner in New York, the firm said Thursday.
Expert Analysis
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Webpages Must Meet Accessibility Standard To Be Prior Art
The Patent Trial and Appeal Board's First Solar Inc. v. Rovshan Sade decision, that an available internet resource doesn't necessarily qualify as a prior art "printed publication" that is publicly accessible, serves as a reminder of the unforgiving requirements that must be satisfied to establish that a reference is a printed publication, say attorneys at Akin.
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Employers, Prep For Shorter Stock Awards Settlement Cycle
Companies that provide equity compensation in the form of publicly traded stock will soon have one less day to complete such transactions under U.S. Securities and Exchange Commission and Nasdaq rules — so employers should implement expedited equity compensation stock settlement and payroll tax deposit procedures now, say attorneys at Morgan Lewis.
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The Pros And Cons Of Protecting AI As Trade Secrets
Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.
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Complying With Enforcers' Ephemeral Messaging Guidance
Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.
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New FinCEN Guide Provides Useful BOI Context For Banks
Financial institutions should review a new Financial Crimes Enforcement Network compliance guide for helpful details about how the agency's beneficial ownership information database should be used, though questions remain about the access rule and whether it will truly streamline bank borrowers' Corporate Transparency Act due diligence, says George Singer at Holland & Hart.
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What's New In FDA's Updated Data Monitoring Guidance
The U.S. Food and Drug Administration's new guidance on the use of data monitoring committees in clinical trials is set to replace the agency's 2006 guidance on the topic, with notable updates including stronger language indicating a more stringent stance against financial conflicts of interest and adaptation to recent changes in DMC structure, say attorneys at Hogan Lovells.
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Strategies For Single-Member Special Litigation Committees
The Delaware Supreme Court's recent order in the Baker Hughes derivative litigation allowing testimony from a single-member special litigation committee highlights the fact that, while single-member SLCs are subject to heightened scrutiny, they can also provide unique opportunities, says Josh Bloom at MoloLamken.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Bracing Cos. For Calif. Privacy Agency's Restored Authority
A recent California state appeals court decision greenlights the California Privacy Protection Agency's enforcement of certain consumer privacy regulations, which may speed up compliance requirements, so businesses considering use of artificial intelligence, for instance, may want to reassess their handling of privacy notices and opt-out requests, say Kevin Angle and Matthew Cin at Ropes & Gray.
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Fed. Circ. In Feb.: Using Prior Products To Invalidate A Patent
The Federal Circuit's recent Weber v. Provisu ruling, that prior-product operating manuals constituted printed publications that can be used to invalidate patents in an inter partes review proceeding, makes it easier for a petitioner to invalidate a patent, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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How Cos. Can Assess Open-Source Contribution Patent Risks
Recent trends underscore the importance of open-source software to the technology industry for both engineering and strategic purposes, and companies should consider using a framework that addresses whether contributions require granting licenses to patent claims in portfolios to analyze associated risks, says Shrut Kirti at TAE Technologies.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Following The Road Map Toward Quantum Security
With the Financial Conduct Authority’s recent publication of a white paper on a quantum-secure financial sector, firms should begin to consider the quantum transition early — before the process is driven by regulatory obligations — with the goal of developing a cybersecurity architecture that is agile while also allowing for quantum security, say lawyers at Cleary.
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What's At Stake In Pending Fed. Circ. Design Patent Test Case
The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.
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NYC Workplace AI Regulation Has Been Largely Insignificant
Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.