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Technology
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May 02, 2024
Microsoft, Activision Seek Del. Court Patch For $68.7B Sale
Microsoft Corp. and Activision Blizzard petitioned Delaware's Court of Chancery on Thursday for an order validating Activision's already closed but officially "defective" $68.7 billion sale agreement, arguing that the court pointed the two companies to a "solution for missteps in Delaware's General Corporation Law.
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May 02, 2024
Chancery Ruling Plays Role In Tesla's S&P Governance Grade
Business rating agency Standard & Poor's has revised downward to "moderately negative" electric vehicle company Tesla Inc.'s grade for management and governance, pointing in part to CEO Elon Musk's dominant role, and the company's "uncommonly high" risk from lawsuits, including the Delaware Chancery Court's recent scuttling of his $56 billion pay plan.
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May 02, 2024
New EU, Japan Initiative Looks To Boost Global Supply Chains
Japan and the European Union on Thursday announced a new initiative aimed at alleviating the economic dependence countries may have on others for certain goods by boosting global supply chains through transparency and coordination with like-minded countries.
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May 02, 2024
3rd Circ. Reopens Chinese Tech Worker's Promotion Bias Suit
The Third Circuit revived a Chinese software engineer's lawsuit Thursday alleging he was denied a promotion and fired by a tax technology company because he complained about racist comments he faced, ruling a lower court evaluated the worker's claims too narrowly.
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May 02, 2024
Cisco Counterfeiting Scheme Earns Fla. Man 6.5 Years
A Florida resident was sentenced to 6½ years in prison after pleading guilty to running what New Jersey federal prosecutors said was an "enormous" scheme to sell over $1 billion worth of counterfeit and broken Cisco networking devices.
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May 02, 2024
Stabenow's Farm Bill Includes ReConnect Program
Sen. Debbie Stabenow, D-Mich., chair of the U.S. Senate Committee on Agriculture, Nutrition and Forestry, released her framework of the Farm Bill on Wednesday, which includes a rural broadband program that advocates have been wanting to become permanent.
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May 02, 2024
Gilstrap Ships Altice IP Row To NY After $339M Google Verdict
A Texas federal judge has granted a bid from cable company Altice to transfer a case accusing it of infringing a Touchstream patent on mobile app streaming to New York federal court.
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May 02, 2024
Recent BigLaw Moves Show Boston Is 'Clearly On The Map'
Three BigLaw firms' recent moves to build out physical footprints in Boston are a testament to the region's thriving technology, healthcare, life sciences and finance industries — a trend that shows no signs of slowing down, experts say.
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May 02, 2024
Davis Wright Brings On MoFo Appellate Litigator In San Fran
Davis Wright Tremaine LLP has brought on a former Morrison Foerster LLP partner in San Francisco, strengthening its appellate practice with an experienced appellate litigator who clerked for a U.S. Supreme Court justice, a California Supreme Court justice and other judges, the firm announced Thursday.
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May 02, 2024
Snell & Wilmer Adds Armstrong Teasdale Tech Pro In Denver
Snell & Wilmer LLP's Denver outpost has added a new transactional partner to its corporate and securities team, bringing with him 18 years of experience including co-founding the technology transactions group for Armstrong Teasdale LLP and leading its technology industry group.
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May 02, 2024
Deals Rumor Mill: Coca-Cola, General Mills, MLB's Giants
Coca-Cola is preparing an IPO for its African bottling division, cereals giant General Mills is exploring selling its North America yogurt business, and a 5% stake in the San Francisco Giants is up for sale at a price that could value the club at $4 billion. Here, Law360 breaks down these and other notable deal rumors from the past week.
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May 02, 2024
3 Firms Build Shutterstock's $245M Buy Of Creative Asset Co.
Stock photography company Shutterstock Inc. on Thursday announced that it has agreed to buy digital creative asset and templates company Envato Pty Ltd. in a $245 million cash deal built by three firms.
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May 02, 2024
Universal Music Allows Artists Back On TikTok After Deal
Universal Music Group has reached a deal with TikTok that will allow its affiliated artists and music to return to the social media platform months after the companies fell out over issues of artist compensation and artificial intelligence-generated content.
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May 02, 2024
GAO Backs Navy's Cost Realism Evaluation For Support Deal
The U.S. Government Accountability Office denied a joint venture's protest of a U.S. Navy decision to tap a competitor for an operations support deal in the Philippines, saying the protest was based on a misunderstanding of cost realism evaluation requirements.
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May 02, 2024
Permira Takes Majority Stake In BioCatch At $1.3B Valuation
European private equity shop Permira has taken a majority stake in BioCatch, a digital fraud detection and financial crime prevention company, valuing the Tel Aviv-headquartered business at $1.3 billion, according to a Thursday announcement.
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May 01, 2024
Autonomy CEO's Atty Says Judge 'One-Sided' Against Client
A Steptoe LLP partner representing former Autonomy CEO Michael Lynch in his criminal fraud jury trial accused the judge overseeing the case of making comments to the jury that are "one-sided" in a way that prejudices the defense.
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May 01, 2024
NY Man Cops To Shipping Military Drone Tech To Russia
Federal prosecutors announced Tuesday that a New York man has pled guilty in federal court for his role in a scheme to ship electronic components that can be used in military drones from the United States to companies connected to the Russian military.
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May 01, 2024
REvil Hacker Gets 13-Year Term In $700M Ransomware Spree
A Ukrainian national behind the massive Sodinokibi ransomware attacks demanding more than $700 million in payments from several businesses, including multinational IT company Kaseya in 2021, was sentenced to nearly 13 years and seven months in prison Wednesday in Texas federal court, according to the U.S. Department of Justice.
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May 01, 2024
'Irked' Albright Refuses To Send IP Suit Against Apple To Calif.
U.S. District Judge Alan Albright of the Western District of Texas has refused to send a suit accusing Apple Inc. of infringing patents on vibration technology to California, with the judge saying that some of the tech giant's arguments were "irksome."
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May 01, 2024
Forex Fraudsters Hid Losses From Investors, Jury Hears
Federal prosecutors told a Colorado jury Wednesday that two men helping run a foreign exchange investment company sold investors on a supposedly successful trading algorithm that ended up being nothing more than a multimillion-dollar fraud.
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May 01, 2024
Bipartisan Reps. Introduce Bill To Trace Battery Supply Chains
Environmental advocacy groups including the Sierra Club, Earthworks and SAFE have thrown their support behind a new bill to promote traceability in battery supply chains, a measure aimed at weeding bad labor and environmental practices out of the supply chain.
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May 01, 2024
Sony, PlayStation Users Spar Over Early Antitrust Cert. Denial
Sony and PlayStation Store users fought before a California federal judge Wednesday over the company's bid to deny class certification to users who claim it overcharged them through a monopoly on downloadable game cards, with the users arguing that Sony waived its arbitration arguments under the Ninth Circuit's recent Hill ruling.
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May 01, 2024
Median Patent Damages Awards Are Shrinking
A New York accounting firm that provides damages experts for intellectual property cases has found in a new study that median damages awards in patent cases have declined over the last 15 years.
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May 01, 2024
Senate Revs Up For FAA Funding Fight
The U.S. Senate on Wednesday inched toward advancing multiyear legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs, accelerating debate on a package that would hire more air traffic controllers and enhance passenger protections amid high-profile aviation industry mishaps.
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May 01, 2024
Fed. Circ. Revives WDTX Patent Suit Tossed Over Standing
The Federal Circuit on Wednesday reversed a decision by Western District of Texas Judge Alan Albright that a company suing Zebra Technologies Corp. for patent infringement lacked constitutional standing, holding instead that the plaintiff retained patent rights under a loan agreement.
Expert Analysis
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Don't Fall On That Hill: Keys To Testifying Before Congress
Because congressional testimony often comes with political, reputational and financial risks in addition to legal pitfalls, witnesses and their attorneys should take a multifaceted approach to preparation, walking a fine line between legal and business considerations, say attorneys at Crowell & Moring.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Key Issues Raised By Colorado's Brain Data Privacy Bill
Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Compliance Strategies To Mitigate 3 New Areas Of AI Risk
The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.
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Exploring A New Era Of IP Law Amid The Rise Of Generative AI
Attorneys at Hogan Lovells explore the effects of generative artificial intelligence in three areas of intellectual property, recent updates and emerging trends, and its significance on the IP landscape now and moving forward.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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Perspectives
Criminal Defendants Should Have Access To Foreign Evidence
A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.
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How Cos. Can Prep For New Calif. Privacy Regulations
The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.
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Fed. Circ. Defines Foreign IP Damages, Raises New Questions
In Brumfield v. IBG, the Federal Circuit recently clarified which standard determines the extraterritoriality of the patent statute after the U.S. Supreme Court's WesternGeco decision, opening a new avenue of damages for foreign activities resulting from certain domestic activities while also creating some thorny questions, say Amol Parikh and Ian Howard at McDermott.
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9th Circ. Arbitration Ruling Could Have Int'l Implications
In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Deciding What Comes At The End Of WTO's Digital Tariff Ban
Companies that feel empowered by the World Trade Organization’s recent two-year extension of the ban on e-commerce tariffs should pay attention to current negotiations over what comes after the moratorium expires, as these agreements will define standards in international e-commerce for years to come, say Jan Walter, Hannes Sigurgeirsson and Kulsum Gulamhusein at Akin Gump.