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Technology
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May 30, 2024
Solar Tech Co. Faces Investor Suit Over Slow '23 Growth
Energy technology company Enphase Energy Inc. has been hit with a proposed shareholder class action alleging the company and its executives failed to disclose slow growth trends, including a decrease in battery shipments, resulting in share price declines when the information was revealed to investors.
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May 30, 2024
Grocery Automation Biz Files Ch. 11 With $13M In Debt
E-grocery automation system maker Takeoff Technologies filed for Chapter 11 protection Thursday in Delaware bankruptcy court with nearly $13 million in debt, saying that, after eight years in business, it had been unable to generate the cash flow it needed to turn a profit.
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May 30, 2024
FCC Subsidy Reforms Could Be Drafted On Capitol Hill Soon
A working group on Capitol Hill studying a potential overhaul of the Federal Communications Commission's subsidy regime could produce draft reforms soon, but a big stumbling block will be how to expand contributions to the fund, telecom experts say.
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May 30, 2024
SEC Cites High Court CFPB Ruling In Market Surveillance Suit
The U.S. Securities and Exchange Commission has told the Eleventh Circuit that a recent U.S. Supreme Court decision finding the Consumer Financial Protection Bureau's funding structure is constitutional should sink a challenge from broker-dealer firms seeking to escape paying for a market surveillance tool.
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May 30, 2024
Target's Surveillance System Violates BIPA, Shoppers Say
Target faces a proposed class action in Illinois federal court filed Thursday accusing it of gathering shoppers' biometric data through surveillance systems and other sophisticated technology in its campaign to prevent organized retail theft, while failing to advise it is doing so or obtaining their permission.
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May 30, 2024
Apple Tells Fed. Circ. Albright Set Transfer Bar Too High
Apple has asked the Federal Circuit to overrule U.S. District Judge Alan Albright in Texas after he refused to transfer patent litigation against it to the Northern District of California, saying the decision flouted Fifth Circuit precedent.
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May 30, 2024
VR Fitness App Ends $353M Antitrust Row With Meta, For Now
An app developer that sued Meta, Mark Zuckerberg and others seeking $353 million for alleged antitrust violations after the social media platform reneged on a deal to launch the plaintiff's virtual reality fitness app voluntarily dropped his case, for now, according to a notice filed Wednesday in California federal court.
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May 30, 2024
Alston & Bird Adds IP Litigator From BakerHostetler In LA
Alston & Bird LLP is boosting its intellectual property team, bringing in a BakerHostetler IP litigator as a partner in its Los Angeles office.
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May 30, 2024
ExamSoft, Bar Examiners Face $2M Software Crash Claims
A 68-year-old former paralegal who hopes to become a pro bono attorney has sued the Connecticut Bar Examining Committee and ubiquitous bar exam test-taking software vendor ExamSoft Worldwide Inc. for $2 million, claiming three software crashes stymied her ability to take a exam offered remotely because of the COVID-19 pandemic.
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May 30, 2024
Deals Rumor Mill: Aramco, Double Eagle, WeWork
Saudi Arabia is planning a stock sale of state-backed oil giant Armaco that could exceed $10 billion, Double Eagle hopes to unload a Permian-based oil producer for $6.5 billion, and Adam Neumman has ended his bid to reacquire WeWork. Here, Law360 breaks down these and other notable deal rumors from the past week.
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May 30, 2024
State Farm Says Atari Seeks Windfall With IP Suit Over Ad
State Farm Mutual Automobile Insurance Co. has urged a Texas federal judge to dismiss a copyright complaint from Atari Interactive Inc., saying the insurer did nothing wrong when it briefly used part of the 1980s arcade game Crystal Castles in a commercial to attract younger customers.
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May 29, 2024
Amazon Shouldn't Escape BIPA Suit, Judge Recommends
A Washington federal magistrate judge on Wednesday recommended that the court should not toss a suit alleging Amazon.com Inc. collected facial scans of teens playing a popular video game without proper disclosures or consent, saying the plaintiff sufficiently alleges that Amazon knowingly obtained the data and disseminated it.
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May 29, 2024
Feds Dismantle Massive Botnet, Arrest Malware's Admin
Following an investigation by law enforcement in the U.S., Singapore, Thailand and Germany, the U.S. Department of Justice on Wednesday announced it has dismantled a botnet used in cyberattacks, child exploitation, massive fraud and export violations, and arrested a Chinese national behind the malware.
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May 29, 2024
Meta's Policy On Threats List 'Sounds Nefarious,' Judge Says
The California federal judge overseeing claims Meta blacklists certain adult performers questioned the social media giant's practice of keeping its list of dangerous organizations and individuals as a "living document" that changes constantly and isn't archived, saying the policy appears to destroy evidence and "sounds nefarious."
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May 29, 2024
CFPB Says Citi 'Wrong' On Wire Transfer Rules In NY Suit
The Consumer Financial Protection Bureau is backing New York's attorney general in a lawsuit accusing Citibank NA of failing to adequately protect customers from online wire transfer fraud, arguing the bank is "wrong" about what rules govern its obligations to scam victims.
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May 29, 2024
Autonomy Founder Pushed Sales Team Hard, Jury Hears
A federal prosecutor cross-examining ex-Autonomy CEO Michael Lynch on Wednesday in a criminal fraud trial over claims the British tech tycoon conned HP into overpaying billions for his software company sought to portray Lynch as an overbearing leader who put intense pressure on his team to generate "revenue revenue revenue."
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May 29, 2024
Spotify Listeners Slam Scrapped Music Device As 'Paperweight'
Spotify has suddenly decided to shut down its "Car Thing" device, which connects listeners' playlists to their cars, making the devices obsolete and leaving customers "with nothing more than a paperweight that cost between $50 and $100," according to a proposed class action filed Tuesday in New York federal court.
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May 29, 2024
Verizon Urges Court Not To Postpone VoIP-Pal Patent Trial
Verizon is fighting a bid by patent litigation company VoIP-Pal.com to get U.S. District Judge Alan Albright to delay sending the Texas federal suit against the telecom giant to a jury, amid a feud over getting a "do-over" on VoIP-Pal's $5 billion damages request.
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May 29, 2024
Forescout Investors Win Class Cert. Over Tanked Sale
A California federal judge agreed to certify a class of shareholders of cybersecurity company Forescout who allege the company deceived investors ahead of a sale that ultimately fell apart, marking the latest win for plaintiffs who previously saw the case dismissed with prejudice three years ago.
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May 29, 2024
Chancery Sends Momentus De-SPAC Claims Toward Trial
A Delaware vice chancellor refused to dismiss any counts Wednesday in a suit filed by investors in the special purpose acquisition company that took commercial space venture Momentus Inc. public in August 2021, with the court noting that the case will be judged on plaintiff friendly entire fairness standards.
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May 29, 2024
Microsoft's Post-Merger Layoffs Cited In I-Told-You-So Appeal
A private group of gamers is pointing to Microsoft's recent layoffs of 1,900 Activision and XBox employees as evidence of market harms stemming from Microsoft Corp.'s acquisition of Activision Blizzard Inc., as the group seeks to revive a private antitrust suit challenging the merger in the Ninth Circuit.
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May 29, 2024
MGM Gambler's Missing $3M Heads To Mich. Supreme Court
The Michigan Supreme Court said Wednesday it will consider whether a state law governing online gambling preempts a woman's lawsuit claiming MGM's online betting arm refused to pay her $3.2 million in winnings from online roulette, after the casino said the payout was a mistake.
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May 29, 2024
Google, Apple Say Nothing New To Revive Search Pact Suit
Google and Apple urged a California federal judge not to revive a private lawsuit accusing Google of paying Apple not to produce its own search engine, arguing the consumers have nothing new in citing months-old revelations from the Justice Department's search monopolization case against Google.
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May 29, 2024
FCC Chief Floats Plan To Cut Down On Orbital Satellite Debris
The Federal Communications Commission's chair proposed new rules Wednesday aiming to reduce the chances of spacecraft explosions that leave debris in orbit.
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May 29, 2024
NY Attys Back Bid For Justices To Hear Double-Patenting Row
A petition looking to persuade the U.S. Supreme Court to wade into a double-patenting dispute has received support from a trade group of New York patent lawyers.
Expert Analysis
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Businesses Should Take Their AI Contracts Off Auto-Renew
When subscribing to artificial intelligence tools — or to any technology in a highly competitive and legally thorny market — companies should push back on automatic renewal contract clauses for reasons including litigation and regulatory risk, and competition, says Chris Wlach at Huge Inc.
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Del. Dispatch: Chancery's Evolving Approach To Caremark
Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.
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A GC's Guide To Multijurisdictional Regulatory Compliance
Overlapping cybersecurity regulation has created an increasingly fragmented regulatory landscape with elevated oversight for organizations across the globe, but general counsel can help develop a best-in-class approach to manage these complexities by building a compliance strategy holistically, say David Dunn and Meredith Griffanti at FTI Consulting.
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Global Bribery Probes Are Complicating FCPA Compliance
The recent rise in collaboration between the U.S. Department of Justice and foreign authorities in bribery enforcement can not only affect companies' legal exposure as resolution approaches vary by country, but also the decision of when and whether to disclose Foreign Corrupt Practices Act violations to the DOJ, say Samantha Badlam and Catherine Conroy at Ropes & Gray.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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When The Platform Is A Product, Strict Liability Can Attach
A New York state court's recent ruling in Patterson v. Meta, holding that social media platforms can be considered products, appears to be the first of its kind — but if it is upheld and adopted by other courts, the liability implications for internet companies could be incredibly far-reaching, say attorneys at Patterson Belknap.
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Key Takeaways From FDA Final Rule On Lab-Developed Tests
Michele Buenafe and Dennis Gucciardo at Morgan Lewis discuss potential consequences of the U.S. Food and Drug Administration's recently finalized rule regulating lab-developed tests as medical devices, and explain the rule's phaseout policy for enforcement discretion.
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Bankruptcy Courts Have Contempt Power, Del. Case Reminds
A Delaware bankruptcy court recently held Camshaft Capital and its principal in contempt, serving as a reminder to bankruptcy practitioners and anyone else that appears before a bankruptcy judge that there are serious consequences for failing to comply with court orders, say Daniel Lowenthal and Kimberly Black at Patterson Belknap.
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Measuring Early Impact Of Rule 702 Changes On Patent Cases
Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.
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Del. Ruling Highlights M&A Deal Adviser Conflict Disclosures
The Delaware Supreme Court recently reversed the Court of Chancery's dismissal of challenges to Nordic Capital's acquisition of Inovalon, demonstrating the importance of full disclosure of financial adviser conflicts when a going-private merger seeks business judgment rule review, say attorneys at Debevoise.
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8 Legal Issues Influencing Investors In The Creator Economy
The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.
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Key Antitrust Class Certification Questions Remain Unclear
The U.S. Supreme Court, by recently rejecting certiorari in Visa v. National ATM, turned down the opportunity to clarify how to analyze disputed evidence bearing on the certification of antitrust class actions, leaving the applicable standards unclear instead of resolving this split of authority, says Jonathan Berman at Jones Day.
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Action Steps To Address New Restrictions On Outbound Data
Companies should immediately assess all their data-based operations so they can consider strategies to effectively mitigate new compliance risks brought on by recently implemented transaction restrictions, including a Justice Department proposal and landmark data legislation, say attorneys at Wiley.