Technology

  • December 06, 2023

    E-Commerce Co. Nogin Hits Ch. 11 With $142.8M In Debt

    Online retail company Nogin Inc. filed for Chapter 11 protection in Delaware bankruptcy court, citing growing competition and difficulty moving inventory as factors that led to steep losses in 2023 and contributed to its $142.8 million in debt.

  • December 05, 2023

    Philips Settles Claim Rival's Worker Hacked Ultrasound Tech

    A California federal judge on Monday tossed Philips North America's copyright suit alleging a competitor's former employee stole ultrasound technology by hacking into its software, after the parties agreed to settle the dispute last week.

  • December 05, 2023

    SEC Chair Warns Businesses Against AI Washing: 'Don't Do It'

    U.S. Securities and Exchange Commission Chair Gary Gensler on Tuesday cautioned business owners not to "AI wash," or mislead investors as to their true artificial intelligence capabilities, comparing the practice to "greenwashing" and saying that securities laws require "full, fair and truthful disclosure."

  • December 05, 2023

    Orrick Nabs SVB's Ex-Head Of Startup Banking

    The former head of startup banking at the now-defunct Silicon Valley Bank has joined Orrick Herrington & Sutcliffe LLP as a managing director of technology companies and fund relationships, the law firm announced Tuesday.

  • December 05, 2023

    9th Circ. Says Coinbase Can Arbitrate Fraud Transfer Action

    A Ninth Circuit panel on Tuesday held that cryptocurrency exchange Coinbase can arbitrate claims from a class of its customers alleging it failed to curb unauthorized transfers, ruling that a provision delegating any dispute arising out of their customer agreements to an arbitrator is not unconscionable.

  • December 05, 2023

    Split 9th Circ. Won't Revisit Meta Investor Suit In Data Scandal

    The Ninth Circuit on Monday declined Facebook's request to rehear by three-judge or en banc panel a revival of a putative securities class action over the Cambridge Analytica data abuse scandal, with one jurist voting to grant the company's petition for rehearing en banc.

  • December 05, 2023

    Taiwan Electronics Co. Asks Calif. Judge To Scrap Injunction

    A Taiwanese company that makes a certain kind of electrical circuit wants a California federal court to dissolve an injunction currently blocking sales of products that use those circuits after the company won a ruling from the Federal Circuit that indicated the lower court had been too swift to say that a rival's patents were valid.

  • December 05, 2023

    9th Circ. Throws Out Tinder Age Bias Settlement Again

    The Ninth Circuit held Tuesday that a revised $5.2 million settlement between Tinder and users accusing it of age bias still doesn't hold up, ruling that the class representative has a conflict of interest and failed to vigorously litigate on behalf of the proposed class before agreeing to the deal.

  • December 05, 2023

    LinkedIn, Zoom May Be Enforcers' Next Recordkeeping Target

    Financial firm communications on platforms like LinkedIn and Zoom may be an upcoming focus for regulators after a spate of enforcement actions over off-channel communications via WhatsApp and other texting applications, according to a report released Tuesday.

  • December 05, 2023

    Intel Seeks New Trial In $1B VLSI Case After Ax Of $2B Verdict

    After the Federal Circuit vacated a $2.18 billion verdict against Intel Corp. in a patent dispute with VLSI Technology LLC, Intel told a Texas federal judge that the ruling means a new trial is also needed in a $948 million case over a different VLSI microchip patent.

  • December 05, 2023

    NBA Urges 2nd Circ. To Toss Appeal In 'Abusive' Privacy Suit

    The National Basketball Association urged the Second Circuit on Tuesday to uphold a lower court's dismissal of a proposed class action that accused the organization of unlawfully sharing personal information of its online video viewers with Facebook on the grounds the suit was seeking to improperly expand the Video Privacy Protection Act.

  • December 05, 2023

    FCC Seeks $22M In Fines For Rural Deployment Defaults

    The Federal Communications Commission says two broadband providers have backed out of their bids to provide internet to more than 7,000 census blocks with Rural Digital Opportunity Funds, and it now plans to fine them $22.4 million.

  • December 05, 2023

    7th Circ. Signals Issue With $540M Motorola Trade Secret Win

    Seventh Circuit judges reviewing Motorola's $540 million win in a mobile radio trade secret case suggested Tuesday part of the verdict might come undone, with one judge saying the calculation of foreign sales was a thorny problem in the case. 

  • December 05, 2023

    Massive Hack At 23andMe Got Health, DNA Ancestry Data

    Hackers accessed data from about 6.9 million users of the DNA testing company 23andMe Inc., the company confirmed Tuesday. The breach got a wealth of sensitive information, including health and DNA ancestry profiles.

  • December 05, 2023

    Jackson Urges High Court To Dispose Of Automatic Vacaturs

    U.S. Supreme Court Justice Ketanji Brown Jackson on Tuesday again criticized a procedural mechanism that obligates the justices to vacate lower court opinions and offered up an alternative analysis they could use to decide whether to vacate rulings by the lower courts.

  • December 05, 2023

    Google, Amazon Raise Microsoft Cloud Concerns In UK

    Google and Amazon both told Britain's competition enforcer that the cloud services market is generally functioning well but contended Microsoft's licensing practices block competition and deserve a close look during a market investigation of the sector that the agency is undertaking.

  • December 05, 2023

    Claims Court Rules Space Force Software Deal Denial Proper

    The U.S. Court of Federal Claims backed the U.S. Space Force's decision not to award a consulting company a data management software contract for failing to meet a platform requirement, rejecting the company's contention that what the requirement entailed wasn't clear.

  • December 05, 2023

    NTIA Head Calls Opening Gov't Spectrum 'A Hard Assignment'

    The head of the National Telecommunications and Information Administration once again called for Congress to increase funding for the Federal Communications Commission's Affordable Connectivity Program, and tried to temper expectations of how quickly the NTIA might open up government-used spectrum, in a congressional hearing on Tuesday.

  • December 05, 2023

    Feds Say Bosnian Man Helped Russian Flee Sanctions Case

    Federal prosecutors in Brooklyn, New York, on Tuesday announced the arrest of a Bosnian man who they said assisted a Russian trader in escaping house arrest in Italy after he was accused of procuring weapons parts and oil in furtherance of Russia's war in Ukraine.

  • December 05, 2023

    PTAB Invalidates Rakuten Video Display IP In IBM Challenge

    The Patent Trial and Appeal Board has invalidated the entirety of a Rakuten patent challenged by IBM, finding the claims in the patent relating to a way to establish multiple video sessions were too obvious to warrant patent protection.

  • December 05, 2023

    Trade Group Says About Time FCC Hikes Broadband Speeds

    Network trade group Incompas is throwing its weight behind the Federal Communications Commission's plan to hike the upload and download speeds required to qualify as broadband service, with the eventual goal of getting the download speed all the way to 1 gigabit from the current 25 megabits per second.

  • December 05, 2023

    Microsoft Added As Defendant In Writers' OpenAI IP Suit

    Microsoft Corp. has been added to an amended putative copyright class action against OpenAI filed by a group of writers who accuse the artificial intelligence research company of using protected works to "train" its generative AI product ChatGPT, arguing OpenAI's training couldn't have happened without Microsoft's "financial and technical support."

  • December 05, 2023

    Sens. Urge FCC To Hasten Opening Of 12 GHz Band

    Two U.S. senators called on the Federal Communications Commission to push through new rules opening the 12 gigahertz airwaves for fixed broadband use as long as it doesn't disrupt the band's incumbent users.

  • December 05, 2023

    FBI Director In The Hot Seat Over Warrantless Surveillance

    FBI Director Christopher Wray told a U.S. Senate committee on Tuesday that the loss of the targeted foreign warrantless surveillance program would be detrimental to national security, but he faced bipartisan skepticism from lawmakers who are mulling reauthorizing and renewing it. 

  • December 05, 2023

    X Corp. Calls TM Suit 'A Shakedown' That Must Be Dismissed

    Elon Musk's X Corp., the company formerly known as Twitter, has asked a Florida federal judge to dismiss a complaint from X Social Media LLC, calling the suit "a shakedown masquerading as trademark infringement and unfair competition claims."

Expert Analysis

  • 7 Critical Copyright And AI Questions Courts Need To Address

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    U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.

  • Why E-Commerce Tools Are Under Fire Amid Privacy Lawsuits

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    As lawsuits try to shoehorn new technologies into decades-old privacy laws never intended for the digital age, e-commerce tools and the companies that use them are increasingly at risk, and retailers should act now to minimize their potential exposure, say attorneys at Benesch.

  • Opinion

    Metaverse Regs Pose Risks To Consumer Safety And Privacy

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    The U.K.'s recently passed Online Safety Act, and other pending proposals globally, could remove metaverse users' anonymity — with potentially catastrophic ramifications for virtual world activity, consumer privacy and safety, and the line between government authority and platform decision making, says attorney Donna Etemadi.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Open Issues At The USPTO And Beyond After Biden AI Order

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    President Joe Biden's recent executive order on artificial intelligence requires individual government agencies to develop their own principles and guidelines around the use of AI, leaving unanswered questions that will be important for any business that intends to rely on AI to create new or improved products or technologies, say Andrew Lustigman and Mary Grieco at Olshan Frome.

  • Pay Attention To Contract Law Tenets Amid AI Incorporation

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    Providers of information technology products and services are rushing to market with various generative artificial intelligence-based solutions and attempting to unilaterally amend existing agreements with their customers, but parties should beware that such amendments may be one-sided, say Jeffrey Harvey and Sharon Harrington at Hunton.

  • FCC Notice Of Inquiry Highlights AI Robocall Concerns

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    The Federal Communications Commission recently released a notice of inquiry seeking comment on the implications of emerging artificial intelligence technologies on robocalls and robotexts, raising questions around its authority to address AI under the Telephone Consumer Protection Act, say Aaron Weiss and Samantha Goldstein at Carlton Fields.

  • How FinCEN's Proposed Rule Stirs The Pot On Crypto Mixing

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    The Financial Crimes Enforcement Network’s recently issued proposal aims to impose additional reporting requirements to mitigate the risks posed by convertible virtual currency mixing transactions, meaning financial institutions may need new monitoring techniques to detect CVC mixing beyond just exposure, say Jared Johnson and Jordan Yeagley at Buchanan Ingersoll.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • White House Activity Is A Band-Aid For Regulating AI In Health

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    In the medium term, recent White House actions will have a greater impact on AI in the health care industry than Congress' sluggish efforts to regulate it, but ultimately legislation of AI's development and use in the health space will fall to Congress, say Wendell Bartnick and Vanessa Perumal at Reed Smith.

  • New York Cybersecurity Amendments Raise Regulatory Bar

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    Financial service providers both in and outside New York should study recent changes to the state financial regulator's cybersecurity requirements, which add governance controls, technical safeguards and incident response protocols to improve what is already becoming the national benchmark for robust cybersecurity compliance programs, say attorneys at Baker McKenzie.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • New Legal Frameworks Are Instrumental For AI In Music

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    As artificial intelligence encroaches — or complements — the deeply human art of music making, creating harmony between law and technology will require all stakeholders in the music industry to provide input on intellectual property and ethical concerns, say Ariela Benchlouch and Gai Sher at Greenspoon Marder.

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