Technology

  • August 12, 2022

    Jones Day, Ropes & Gray Lead $950M HIG-Avient Deal

    Avient, a global provider of polymer materials, has sold its distribution business to H.I.G. Capital for $950 million, the company announced on Friday, in a deal guided by respective legal advisers Jones Day and Ropes & Gray.

  • August 12, 2022

    'Related Claims' Issue Central To Zoom's $90M Coverage Row

    Zoom's battle with two groups of excess insurers over $90 million in legal costs in actions over allegations of data security problems may hinge on whether an initial government probe and follow-on civil lawsuits constitute one or multiple claims — a recurring issue in errors and omissions insurance disputes.

  • August 12, 2022

    DC Circ. Upholds FCC's Revamp Of Auto Safety Band

    The D.C. Circuit on Friday upheld the Federal Communications Commission's move to reconfigure a spectrum band previously reserved for roadway safety to make room for unlicensed wireless devices such as Wi-Fi.

  • August 12, 2022

    Alston & Bird Atty Fights Ex-Cognizant Exec's Bid To DQ Her

    An Alston & Bird LLP attorney on Thursday joined in the government's bid to prevent the former chief legal officer of Cognizant Technology Solutions Corp. from revisiting his objections to her representation of the company in his corruption case.

  • August 12, 2022

    FCC Permanently Allows Amtrak To Deploy Safety Controls

    The Federal Communications Commission moved Thursday to allow Amtrak to permanently deploy congressionally required safety technology on a railway connecting Poughkeepsie to Schenectady, New York.

  • August 12, 2022

    Trump Warrant Shows Espionage, Obstruction Investigation

    Former President Donald Trump is under investigation for obstruction of justice and potential violations of the Espionage Act, according to a search warrant for his Mar-a-Lago property unsealed Friday afternoon.

  • August 12, 2022

    Voyager Looks To Pause Canadian Class Action Amid Ch. 11

    Cryptocurrency platform Voyager Digital wants to pause a securities class action filed in Canadian court against the company and its top officials while it hurtles through Chapter 11, telling a New York judge the lawsuit would interfere with the resolution of the bankruptcy case.

  • August 12, 2022

    IPhone Class Attys Seek $6.6M Fee After Apple Deal

    Class attorneys representing iPhone users who won a $20 million settlement from Apple over updates that allegedly caused devices to crash are requesting a $6.6 million chunk of the payout for their services in the suit that lasted over six years.

  • August 12, 2022

    Amazon, GE Say Online Retailers Sold Fake Water Filters

    Amazon and GE have teamed up in a federal suit accusing 16 online retailers of using the e-commerce site to sell fake General Electric water filters, breaking U.S. trademark and false advertising laws.

  • August 12, 2022

    Feds Aim For More Insight On Hacks With Maze Of Policies

    As U.S. federal agencies push for more visibility into cyberattacks with a fast-developing patchwork of reporting rules, industry observers are keeping a close eye on how broadly the new laws will define covered entities and how quickly companies will be required to notify officials.

  • August 11, 2022

    Robinhood Can't Yet Ditch 'Meme Stock' Manipulation Claims

    A Florida federal judge on Wednesday refused to throw out investors' claims that Robinhood manipulated the stock market when it restricted trading on "meme stocks" during last year's market volatility, finding that they've plausibly alleged that Robinhood acted willfully to lower the prices of the affected stocks.

  • August 11, 2022

    Elon Musk Says Investors Can't Get SolarCity Ruling 'Do Over'

    Tesla CEO Elon Musk on Thursday fired back against Tesla stockholders' appeal of a ruling that found the electric carmaker's $2.6 billion purchase of rooftop solar company SolarCity was "entirely fair in the truest sense of the word," saying the investors' arguments cherry-pick the evidence and they shouldn't get a "do over"

  • August 11, 2022

    IP Forecast: Tesla Wants To Steer Secrets Case Out Of Court

    Tesla will tell a California federal judge next week that an employment agreement now warrants arbitration of its trade secrets case against an engineer who helped develop a supercomputer powering the company's self-driving cars. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • August 11, 2022

    Twitter Asks Del. Court To Nix Musk's Bid For More Discovery

    Twitter Inc. asked Delaware's chancellor late Thursday to reject an Elon Musk demand for documents and possible depositions from 22 more of the social media company's record custodians, atop 41 already drawn into its battle to force Musk's closing on a $44 billion take-private deal.

  • August 11, 2022

    Team Telecom Asks FCC To Clear Undersea Cable Plan

    The National Telecommunications and Information Administration has asked the Federal Communications Commission to approve the transfer of Global Cloud Xchange's licenses for an undersea cable project to Reef Bidco Ltd., as long as the telecom company complies with certain commitments.

  • August 11, 2022

    Surgical Robot Co.'s Antitrust Fight Heads To Dec. Trial

    A Florida federal judge on Wednesday refused to hand Intuitive Surgical a win on antitrust claims alleging the surgical robot maker forces hospitals to buy new equipment by forbidding third-party repairs, sending the dispute — and Intuitive's false-advertising counterclaims against the repair company plaintiff — to a December jury trial.

  • August 11, 2022

    Vizio Plans To Appeal Axed $17M Privacy Coverage Suit

    Vizio notified a California federal judge that it will appeal his decision to toss a lawsuit that sought to force the TV maker's excess insurer to contribute coverage to a $17 million settlement in a multidistrict litigation that accused the company of selling data without consumers' consent.

  • August 11, 2022

    HP, Agilent Seek To Block Stanford Univ. $3M Superfund Deal

    HP and Agilent Technologies on Wednesday asked a California federal judge not to approve a $3 million deal between Stanford University and Nokia in a chemical pollution Superfund suit, arguing that the deal would interfere with their chance to pursue their own contribution claims against Nokia in the future.

  • August 11, 2022

    Schools, Libraries Seek More Time On FCC Subsidy Deadline

    A coalition of "anchor" institutions including schools and libraries urged the Federal Communications Commission to push back a key deadline to provide certain telecom services that receive federal support due to severe supply chain issues.

  • August 11, 2022

    Gov't Agencies Team Up For Tribal Broadband Program

    Two federal agencies have agreed to comply with a tribal broadband internet program's requirements for cultural resources, historic preservation and environmental protection, which will allow "high-speed internet service to be deployed quickly while also ensuring safeguards to protect Native lands and interests."

  • August 11, 2022

    Amazon Must Face Discovery In Student Privacy Suit

    A Washington federal judge has rejected Amazon Web Services Inc.'s efforts to pause discovery in a proposed class action alleging that the cloud-computing giant violated an Illinois privacy law when it allowed online learning platform ProctorU to use Amazon's Rekognition facial recognition technology to verify students' identities.

  • August 11, 2022

    Fed. Circ. Affirms PTAB Ruling Saving Claims In UMinn Data IP

    The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board ruling that one claim in a University of Minnesota data patent was invalid as anticipated, but two additional claims were not shown to be invalid by challengers LSI Corp. and Avago Technologies.

  • August 11, 2022

    Oracle Pay Bias Suit On Hold While Disbanded Class Appeals

    A California judge put a 5-year-old lawsuit against Oracle on hold while women who say they were paid less than male colleagues try to persuade an appeals court to reinstate their class action status.

  • August 11, 2022

    Plaintiffs Can't Add More Retailers To Clearview BIPA Suit

    An Illinois federal judge Wednesday refused to allow plaintiffs pursuing multidistrict biometric privacy litigation against Clearview AI to add AT&T, Kohl's, Best Buy, Albertsons, Walmart and Home Depot as defendants in a second amended complaint, saying they waited too long to bring those Clearview clients into the case.

  • August 11, 2022

    FTC Begins Privacy, Security Rulemaking Over GOP Rebuke

    The Federal Trade Commission on Thursday kicked off the process of crafting new rules to set limits on companies' use and sharing of vast troves of consumer data and to crack down on lax data security practices, a move opposed by its two Republican commissioners. 

Expert Analysis

  • A Law Firm's Guide To Avoiding Client Conflicts

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    With the pace of law firm mergers accelerating, Mark Hinderks at Stinson reviews the conflict of interest rules that may derail a deal or cause a firm to lose a new or existing client, and how courts have filled in perceived gaps in the rules.

  • Understanding DC Circ.'s Agency Rule Withdrawal Debate

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    The D.C. Circuit's recent ruling that an agency must provide notice and an opportunity for comment when withdrawing a rule that has been filed for public inspection but not yet published in the Federal Register features a vigorous debate on the "point of no return" issue that has significant practical consequences whenever there is a change in administration, says Steven Gordon at Holland & Knight.

  • Considerations For Associates As Lateral Hiring Cools Down

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    Law firms are offering fewer signing bonuses and moving back to slower, more deliberate interview processes — a cue for associates to follow suit and consider the long-term advantages of a move instead of short-term financial gain, says Leeron Molloy at VOYlegal.

  • Post-Arctic Cat Lawsuits Reveal Patent Marking Pitfalls

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    The Federal Circuit's 2017 Arctic Cat v. Bombardier Recreational Products decision set a low bar for infringers in patent marking cases, but recent federal court decisions offer a cautionary tale for defendants hoping to cut off or limit pre-suit damages through a challenge based on marking requirements, says Mark Liang at O'Melveny.

  • Justices' EPA Ruling Didn't Move Needle On Chevron Doctrine

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    Though some suggest the U.S. Supreme Court’s recent decision in West Virginia v. U.S. Environmental Protection Agency marked the end of a doctrine requiring judicial deference to federal regulators, the ruling merely articulated well-developed precedent on the limits of agency authority, say Dan Wolff and Eryn Howington at Crowell & Moring.

  • Best Practices For Auto Boards During Industry Revolution

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    Recent cases alleging that corporate directors breached their fiduciary duties by failing to exercise adequate oversight have survived motions to dismiss, and automotive boards would do well to understand how the so-called Caremark standard might apply to them at a particularly challenging time for the industry, say Justin Savage and Ike Adams at Sidley.

  • Ethics Lessons From The Alex Jones Discovery Debacle

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    The botched production of a cache of texts and emails prior to Alex Jones' defamation trial, and a failure to take corrective actions, should remind attorneys of the potential pitfalls of discovery, their professional responsibilities throughout the process, and the possibility of severe sanctions, say attorneys at Harris Wiltshire.

  • Why Gig Platforms Should Be On Alert

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    The Federal Trade Commission and state attorneys general have set their sights on the gig economy and practices they view as deceptive and unfair, which will open gig platforms to more scrutiny — and past cases against gig-economy giants including Uber and Instacart are cautionary tales to keep in mind, say attorneys at Venable.

  • Opinion

    Market Drops Show Tech Antitrust Reform Isn't Needed

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    Recent equity market declines — and technology history — cast doubt on the staying power of the tech platform lock-in effects used to justify proposed antitrust regulatory and legislative interventions, says Jonathan Barnett at the University of Southern California.

  • US Tech Cos. Must Prepare For Impending UK Data Requests

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    U.S. technology companies can expect to receive their first intercept orders from U.K. authorities in October as part of a U.K.-U.S. data sharing agreement under the CLOUD Act, and should ensure readiness to produce data as well as familiarity with the agreement's requirements for orders, say attorneys at Jenner & Block.

  • Combating Implicit Bias In Alternative Dispute Resolution

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    Alternative dispute resolution requires a high degree of trust and belief that proceedings will be fair, so confronting implicit associations among neutrals through systemic and personal efforts is even more important in the ADR world, say arbitrators and mediators at JAMS.

  • How The Metaverse Will Affect Business And Legal Processes

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    It is time to start thinking about virtual reality's effects on cybersecurity, business dealings, case strategy and more, as the metaverse takes shape and organizations open banks, host law firm offices and create retail strategies digitally, says Samantha Green at Epiq. 

  • Opinion

    9th Circ. Must Block Cos.' Unfair Rules For Mass Arbitration

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    The Ninth Circuit should uphold a California federal court's decision in MacClelland v. Cellco Partnership, and make it clear that businesses cannot both force claims into individual arbitrations and make mass arbitration infeasible or impractical, say Raphael Janove and Sidney Cobb at Pollock Cohen.

  • Benefits Of The Extended SBA Place Of Business Moratorium

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    The Small Business Administration recently extended a moratorium on the requirement that government contractors participating in the agency's 8(a) business development program establish a bona fide location, which should allow more companies to participate until Congress amends the outdated rule, says Meghan Leemon at PilieroMazza.

  • Navigating Arbitral Subpoenas In A Post-COVID Landscape

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    Courts’ mixed enforcement during the pandemic of physical presence and territorial requirements for arbitral subpoenas shows that the rules were not built for a virtual world, making it critical for lawyers to understand the possible limitations on third-party evidence, say Emily Kirsch and Craig Tarasoff at Kirsch & Niehaus.

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