Posts Tagged: Court
UK App Developers Take Apple To Court For $1 Billion
Apple’s App Store is currently the only place to download apps for an iPhone and it lets the tech giant enforce any profit sharing cut they want. That looks set to change.
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Court orders Elon Musk to testify in the SEC’s investigation of his Twitter takeover
In a followup to a tentative ruling made in December, a federal judge has ordered Elon Musk to comply with the U.S. Securities and Exchange Commission’s (SEC) subpoena and testify again in its probe of his Twitter takeover, Reuters reports. Per the order, which was filed Saturday night in a California court, Musk and the SEC now have a week to work out a time and place for his appearance or it will be decided for them. The SEC has been investigating Musk’s purchase of Twitter, now X, since 2022 over concerns about his lateness in disclosing his stake in Twitter.
The order comes after Musk failed to appear for a testimony in September and later refused to attend a rescheduled interview, prompting the SEC to sue. US Magistrate Judge Laurel Beeler sided with the SEC after Musk tried to challenge its subpoena, which he claims is seeking irrelevant information and is harassment, as he’s already been interviewed twice. But, the SEC says it has obtained new documents in relation to the probe and has further questions for the X owner. Musk also argued that the subpoena exceeds the SEC’s authority because it was issued by a staff member appointed by the SEC’s Director of Enforcement. Beeler struck these arguments down, ruling that the subpoena is valid.
This article originally appeared on Engadget at https://www.engadget.com/court-orders-elon-musk-to-testify-in-the-secs-investigation-of-his-twitter-takeover-193303461.html?src=rss
Engadget is a web magazine with obsessive daily coverage of everything new in gadgets and consumer electronics
Court rules Elon Musk broke federal labor law with 2018 tweet
Elon Musk broke US labor law in 2018 when he tweeted Tesla factory workers would forgo stock options if they chose to unionize, according to a federal appeals court. On Friday, the Fifth Circuit Court of Appeals, in a decision spotted by Business Insider, upheld a National Labor Relations Board (NLRB) ruling that found Musk made unlawful threats around employee compensation.
In May 2018, a Twitter user asked Musk about his stance on unions. “Nothing stopping Tesla team at our car plant from voting union. Could do so tmrw if they wanted,” he tweeted in response. “But why pay union dues & give up stock options for nothing? Our safety record is 2X better than when plant was UAW & everybody already gets healthcare.”
Tesla factory literally has miles of painted yellow lines & tape. Report about forklifts not beeping is also bs. These are both demonstrably false, but were reported as “facts” by Reveal.
— Elon Musk (@elonmusk) May 21, 2018
The tweet immediately drew the attention of labor activists, and in 2021, the NLRB, responding to a complaint from the United Auto Workers union, found Musk had threatened employees. Tesla has argued the tweet was Musk’s way of pointing out that workers at other automakers don’t receive stock options. NLRB chair Wilma Liebman saw it differently. "The employee is going to hear it as, 'If I vote to unionize, stock options will no longer be an option,'" she told Bloomberg in 2018.
After reviewing the decision, the Fifth Circuit Court sided with the NLRB. "Because stock options are part of Tesla's employees' compensation, and nothing in the tweet suggested that Tesla would be forced to end stock options or that the UAW would be the cause of giving up stock options, substantial evidence supports the NLRB's conclusion that the tweet is as an implied threat to end stock options as retaliation for unionization," the panel wrote.
The court ordered Musk to delete the tweet. As of the writing of this article, the message is still live. The Fifth Circuit Court also upheld an order from the NLRB that Tesla reinstates Richard Ortiz, a worker the automaker fired for organizing employees at its Fremont factory in California.
This article originally appeared on Engadget at https://www.engadget.com/court-rules-elon-musk-broke-federal-labor-law-with-2018-tweet-195420903.html?src=rss
Engadget is a web magazine with obsessive daily coverage of everything new in gadgets and consumer electronics
Federal prosecutors ask court to bar Sam Bankman-Fried from using Signal
US prosecutors have asked a federal court to tighten Sam Bankman-Fried’s bail conditions to prevent the disgraced entrepreneur from contacting his former colleagues. According to court documents seen by The New York Times, lawyers from the Department of Justice allege Bankman-Fried tried messaging the general counsel of FTX’s US arm over Signal and email earlier this month. The communication was “suggestive of an effort to influence Witness-1’s potential testimony,” the filing states.
“I would really love to reconnect and see if there’s a way for us to have a constructive relationship, use each other as resources when possible, or at least vet things with each other,” says one message Bankman-Fried sent, according to the Justice Department. The DOJ has asked the judge overseeing Bankman-Fried’s criminal case to bar him from contacting current and former FTX employees, as well as using Signal or any other encrypted or ephemeral messaging app. Following the request, SBF’s legal team accused federal prosecutors of trying to paint their client in the “worst possible light.” They claim Bankman-Fried tried contacting the general counsel of FTX US and CEO John Ray to offer “assistance,” not to interfere with his criminal case. His lawyers also claim a Signal ban isn’t necessary since Bankman-Fried is not using the app’s auto-delete feature.
Prosecutors allege SBF’s use of Signal is consistent with “a history” of using the app to hide his dealings at FTX. Prior to FTX’s implosion in November, Bankman-Fried and former Alameda Research CEO Caroline Ellison were reportedly part of a secret “Wirefraud” group chat on Signal. During his tenure at the exchange, SBF also allegedly directed employees to enable Signal’s disappearing messages feature.
Jail threats stop AI ‘robot lawyer’ from making its debut in court
Joshua Browder, the CEO of New York startup DoNotPay, recently announced that his company's AI will represent a defendant fighting a traffic ticket in the courtroom on February 22nd. "[H]istory will be made," Browder wrote in his tweet. "DoNotPay A.I will whisper in someone's ear exactly what to say. We will release the results and share more after it happens," he added. We may never know how the "robot lawyer" will fare in court, though, because a few days later, Browder announced that DoNotPay is postponing its court case after he received threats of jail time from state bar prosecutors if he goes through with his plan.
The CEO told NPR that multiple state bar associations had threatened his company, and one even said he could be imprisoned for six months. He told the media organization: "Even if it wouldn't happen, the threat of criminal charges was enough to give it up. The letters have become so frequent that we thought it was just a distraction and that we should move on." While the State Bar of California refused to talk about DoNoPay's situation, it told NPR that it has a duty to investigate potential instances of unauthorized law practice.
Browder originally created DoNoPay as a free AI-powered chatbot that can help you draft letters and fill out forms for various legal matters. The company's "robot lawyer" is powered by several AI text generators, including ChatGPT and DaVinci, re-trained to know the law. A defendant using the technology in court would have worn smart glasses to record the court proceedings, as well as a headset that would give the AI a way to tell them what to say.
As CBS News said in a previous report, though, the tech isn't legal in most courtrooms. Also, in some states, all parties must consent to being recorded. That's why of the 300 cases DoNotPay looked at, only two were viable candidates. In the end, Browder decided to put off the company's court ambitions and to focus on using AI to help people with issues related to consumer rights, specifically lowering medical bills, cancelling subscriptions and disputing credit reports, among others.
NPR said, however, that the CEO is still hoping that artificial intelligence could eventually help people in the courtroom. "The truth is, most people can't afford lawyers. This could've shifted the balance and allowed people to use tools like ChatGPT in the courtroom that maybe could've helped them win cases," he told the organization.
Specifically, lowering medical bills, cancelling subscriptions, disputing credit reports, among other things, with A.l. I think it's very important for companies to stay focused. Unlike courtroom drama, these types of cases can be handled online, are simple and are underserved.
— Joshua Browder (@jbrowder1) January 25, 2023
Court OKs lawsuit by woman who says she helped create Pinterest
Pinterest must now face a lawsuit from a former friend of one of its founders who claims she helped create the platform. Bloombergreported that Alameda County Superior Court Judge Richard Seabolt on Thursday denied the company’s motion to dismiss the lawsuit. Christine Martinez, the plaintiff, claims she was asked by co-founder Ben Silbermann to help revive the app. The digital market strategist claims to have developed features tied to Pinterest’s Boards and created a marketing plan to enlist bloggers to promote the platform, among other contributions.
Martinez filed a lawsuit against the company in September, and Pinterest filed the motion to dismiss in December. The company argued that Martinez’s claims are too old to fall within the statute of limitations. Seabolt disagreed with this and said Martinez “sufficiently alleges” that she and the Pinterest founders agreed to deferred compensation. Pinterest went public in 2019, an event that Seabolt deemed “transformative” and in his view sealed the company's obligation to pay Martinez.
In a statement to Engadget, Pinterest's chief communications officer LeMia Jenkins Thompson noted that the court dismissed several of Martinez's claims. Thompson also stated that, "as the facts come out, we are confident the evidence will confirm that Plaintiff’s claims are meritless and that the rest of this baseless lawsuit should be dismissed."
According to the New York Times, Martinez was never formally employed at nor did she ever sign a written contract with the San Francisco-based company. Instead, Martinez argues that the agreement was implied, based on her discussions with Sciarra and Silbermann.
Martinez, who is a former lifestyle blogger and founder of an eccomerce startup, told the Times she was eager to help friends. “[…The Pinterest co-founders] had no marketing background or expertise in creating a product for women.”
Billy Mitchell is taking his ‘Donkey Kong’ cheating saga to court
Arcade expert and hot sauce mogul Billy Mitchell made a name for himself by earning record-breaking scores in games like Pac-Man and BurgerTime. Two years ago, de facto scorekeeper Twin Galaxies stripped Mitchell of his Donkey Kong records after conc…
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French court rules Steam games must be able to be resold
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Bragi asks court to block sales of OnePlus ‘Dash’ products
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China court orders Samsung to pay $11.6 million to Huawei in patent dispute
A Chinese court has ordered Samsung to pay up $ 11.6 million in a patent dispute with Huawei. It’s not all good news for Huawei, however, which originally requested a hefty $ 12.7 billion.
The post China court orders Samsung to pay $ 11.6 million to Huawei in patent dispute appeared first on Digital Trends.
Another court weighs in on whether to force suspects to give up their iPhone passcodes
Think your iPhone passcode is safe? It may not be … at least not from a legal standpoint. A number of recent courthouse decisions in Florida have stood in favor of police rights when it comes to searching your phone.
The post Another court weighs in on whether to force suspects to give up their iPhone passcodes appeared first on Digital Trends.
Zynga back in court over alleged insider trading
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U.S. Supreme Court questions Apple, Samsung on importance of design patents
Samsung and Apple have been at each other’s throats for the better part of six years. The U.S. Supreme Court heard arguments from both sides, and will offer a ruling some time next year.
The post U.S. Supreme Court questions Apple, Samsung on importance of design patents appeared first on Digital Trends.
Walmart takes Visa to court over debit card payments
Walmart isn't happy that Visa still allows customers to sign for purchases made with their chip-equipped debit cards. The retail giant has filed a lawsuit against Visa in New York in an effort to compel the credit card brand to require PIN verificati…
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Appeals Court: Copyright holders ‘must consider fair use’ before sending DMCAs
The 9th Circuit Court of Appeals has ruled against Universal Music Group in a 2007 Digital Millennium Copyright Act case that could change how and when copyright holders can send takedown notices. The case revolves around a takedown notice sent to…
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Elon Musk will go to court over ‘pedo guy’ comments
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