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Telecommunications
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May 06, 2024
Ga. Insurance Agency Hit With Suit Over 'Unwanted Calls'
A Georgia-based insurance agency was hit with a proposed class action Monday alleging it makes "aggressive" telemarketing calls to seniors advertising final expense and life insurance products, even when the seniors are on the national do-not-call list or ask that the calls stop.
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May 06, 2024
FCC Calls High Court Telecom Subsidy Challenge Premature
The Federal Communications Commission has asked the U.S. Supreme Court to forgo review in two constitutional challenges to the agency's Universal Services Fund brought by free-enterprise groups, arguing that the appeals were filed too early and are based on a speculative circuit split that hasn't formed yet.
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May 06, 2024
Ohio AG Says Social Media Age Limit Fight Hurts Democracy
Ohio Attorney General Dave Yost and the internet technology trade association that sued to block him from enforcing the Buckeye State's new law requiring parental consent for children under 16 to create online accounts have filed competing bids for early wins.
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May 06, 2024
Fetterman Would Pay Broadband Subsidy From Telecom Fund
Sen. John Fetterman, D-Pa., introduced a bill last week that would provide sustainable funding for a pandemic-era broadband assistance program that has assisted millions of Americans but is about to be depleted.
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May 06, 2024
Catching Up With Delaware's Chancery Court
A record $100 million settlement, a fishy Facebook decision, a canceled Amazon delivery and an upended $7.3 billion sale dispute topped the news out of Delaware's Court of Chancery last week. There were also new cases involving Hess, Microsoft and the 2022 World Cup.
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May 03, 2024
Judge Asks About Ad Quality As Google Search Trial Wraps
The D.C. federal judge overseeing the government's search monopolization case against Google peppered attorneys from both sides on Friday during the final day of trial arguments about how to address Google's contention that it raises ad prices to coincide with product improvements.
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May 03, 2024
Wireless Alliance Pushes For 5/5 MHz Networks
The Enterprise Wireless Alliance says it's time to open up the 900 megahertz band up to 5/5 megahertz broadband networks, something the group says would be great for businesses that require their own private networks.
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May 03, 2024
Phone Carriers Still Want More Time On SIM Swap Deadline
Telecom trade groups have once again told the Federal Communications Commission that their members are going to struggle to meet the deadline for complying with the agency's new rules aimed at combating SIM card swapping fraud.
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May 03, 2024
DOJ Seeks Info Sharing With Texas In Google Ad Tech Case
The U.S. Department of Justice objected on Friday to a Virginia magistrate judge's refusal to coordinate discovery in its suit accusing Google of monopolizing key digital advertising technology with a similar case from state enforcers pending in Texas, contending the information sharing is needed to maintain a level playing field.
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May 03, 2024
Google Blasts Epic's Post-Verdict Play Store Reforms Bid
Google is hitting back at Epic Games' proposed injunction following its jury win on antitrust claims related to the Google Play Store and Android apps, telling a California federal judge Thursday that Epic's proposed rules cover conduct that was not presented to the jury and is "purely hypothetical."
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May 03, 2024
Crumbl Faces Privacy Suit For Not-So-Sweet Tracking Cookies
A customer hit Crumbl LLC with a proposed class action in California federal court alleging the cookie company helps a third-party payment processing company install tracking cookies on web browsers to collect consumers' sensitive information and their online activity without consent.
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May 03, 2024
Cash App's Parent Co. Can't Ditch Referral Text Suit
Block Inc., the parent company of mobile payment service Cash App, can't escape a suit alleging it bombarded cellphone users with "annoying and harassing spam texts," a Washington federal judge ruled, finding the plaintiff has alleged sufficient facts to support a plausible claim for relief under Washington's Consumer Electronic Mail Act.
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May 03, 2024
Sens. Look To Add Kids Online Bills To FAA Bill
A bipartisan group of senators is looking to add legislation to better protect kids online and on social media to the Federal Aviation Administration Reauthorization Act, which faces a May 10 deadline for enactment.
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May 03, 2024
Debevoise, Davis Polk Guide Windstream, Uniti Merger
Uniti Group Inc., advised by Davis Polk & Wardwell LLP, on Friday unveiled plans to merge with Debevoise & Plimpton LLP-led telephone service company Windstream Holdings II LLC in a deal that includes a $425 million cash component, $575 million in preferred equity and a minority share in common equity of the combined company.
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May 03, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen rapper Ivorian Doll hit with a copyright claim, private members club Aspinalls file a claim against a Saudi sheikh, and Motorola Solutions file a claim against the British government on the heels of its dispute over losing a £400 million ($502 million) government contract. Here, Law360 looks at these and other new claims in the U.K.
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May 02, 2024
Digital Rights Nonprofit's Bid To Unseal IP Docs Is Too Late
Electronic Frontier Foundation cannot unseal filings in a chipmaker's patent suit against Charter Communications Inc., a Texas federal judge ruled Thursday, saying the digital rights nonprofit's bid to intervene in the case came too late.
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May 02, 2024
Google Judge Ponders Search Engine's Might At Trial Closings
The quality of Google's search engine, and what it would take to actually challenge the company's grip on default placements on Apple browsers and Android phones, were top of mind Thursday for the D.C. federal judge weighing U.S. Department of Justice monopolization allegations.
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May 02, 2024
NFL Throws Flag On Harvard Prof's Sunday Ticket Testimony
An attorney for the NFL urged a California federal judge Thursday to limit testimony from a Harvard law professor set to appear for the plaintiffs in an upcoming antitrust lawsuit over the Sunday Ticket television package, saying his expert report veers into impermissible legal opinions that will confuse the jury.
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May 02, 2024
Congress Wants More Data On Broadband Program's Value
The Affordable Connectivity Program — which is rapidly running out of money — was on everyone's tongues at a Senate subcommittee hearing on broadband affordability Thursday morning, with Democrats and Republicans agreeing on little more than the need for more data on how many Americans rely on the subsidy to stay online.
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May 02, 2024
Huawei Can't Get VoIP-Pal Patents Axed Under Alice
A Northern District of Texas judge has shot down Huawei's motion that two VoIP-Pal.com patents on initiating mobile phone calls are invalid under the Alice standard for claiming only abstract ideas.
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May 02, 2024
Attys Due For Spam Suit Sanction, But Not $750K, Judges Say
Class counsel's misconduct in helping instigate a spam text suit against stock-trading app Robinhood Financial LLC warranted sanctions, a Washington state appeals court panel ruled Thursday, but the judges said the $750,000 penalty went over the top in deterring the bad behavior.
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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
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
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.
Expert Analysis
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Series
ESG Around The World: European Union
As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.
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Twitter Sanction Highlights Privacy Law's Complexity
The D.C. Circuit's recent decision to uphold a sanction against X Corp., formerly known as Twitter, for failing to produce account records in response to a subpoena highlights the importance of understanding the Stored Communications Act, particularly when deciding to produce or not produce data, says Cary Aronovitz at Holland & Knight.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Fed. Circ. In September: The Scope Of Analogous Prior Art
The Federal Circuit's recent decision in Netflix v. DivX turned on the often-overlooked requirement that any prior art must be analogous art, explaining that the art available to a person of ordinary skill in the art is limited to only the artisan's field of endeavor at the time the invention was made, says Jeremiah Helm at Knobbe Martens.
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Appellate Rulings Highlight Telecom Standard Uncertainties
Two recent contrasting appellate opinions in Cellco v. White Deer Township and NMSurf v. Webber — interpreting Sections 332 and 253 of the Communications Act, respectively — demonstrate the continuing uncertainty carriers face when challenging state and local requirements that may impede their provision of telecommunications services, say attorneys at Davis Wright.
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Bracing For Regulatory Delays As Shutdown Looms
As a government shutdown looms, stakeholders should plan for regulatory delays and note that more regulations could become vulnerable to congressional disapproval under the Congressional Review Act, say Matthew Shapanka and Holly Fechner at Covington.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Tips For Camp Lejeune Attorneys To Mitigate TCPA Suit Risks
To retain and assist Camp Lejeune clients, it is vital to understand best practices to avoid violating the Telephone Consumer Protection Act, which has been at the center of recent lawsuits against attorneys seeking to reach veterans and their families affected by the toxic water exposure at the Marine Corps base, says Libby Vish at SimplyConvert.
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7th Circ. Ruling May Steer ADA Toward Commuter Issues
Employers faced with commuting-accommodation requests from employees who do not require on-site modifications under the Americans with Disabilities Act should consider the Seventh Circuit's recent reopening of a lawsuit alleging unlawful refusal of a night-vision-challenged worker's request to extend a shift change, says Robin Shea at Constangy.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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7 Ways Telco Operators Can Approach Lead Cable Claims
A recent spotlight on the telecommunication industry shows that companies in the field have known for decades that lead-wrapped cables proliferate in their vast networks, which is likely to provoke prolonged and costly legal battles — but seven best practices can efficiently resolve claims and minimize damage, say consultants at AlixPartners.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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New FCC Broadband Label Rules Should Be Read Carefully
A recent order from the Federal Communications Commission clarifies standardized broadband label requirements that are pending final approval — and while compliance should be manageable, the rules impose new risk, particularly with regard to speed and latency disclosures, say Craig Gilley and Laura Stefani at Venable.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.