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Telecommunications
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August 15, 2024
Telecom Orgs Ask Justices To Take Up NY Internet Rate Cap
The U.S. Supreme Court must step in and unravel a split Second Circuit ruling upholding New York's right to put a $15 cap on the amount broadband companies can charge low-income households, say several trade groups that lost their challenge to the law.
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August 15, 2024
Audacy Sale To Soros Won't Be Rubber-Stamped, Cruz Says
The Federal Communications Commission will hold a full commission vote on whether to transfer the licenses tied to Soros Fund Management's acquisition of an ownership interest in radio station owner Audacy Inc. after it emerges from bankruptcy, according to Sen. Ted Cruz, R-Texas.
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August 15, 2024
FTC Renews Bid To Toss Meta's Constitutionality Case
The Federal Trade Commission has told a D.C. federal court that a recent U.S. Supreme Court ruling does not support Meta's case raising constitutional challenges to a data privacy order, arguing the case should be tossed.
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August 15, 2024
DLA Piper Adds SpaceX Exec In DC
The former satellite policy, spectrum and regulatory affairs manager for SpaceX, an aerospace and astronautics manufacturer owned by Elon Musk, has moved to private practice with DLA Piper LLP's telecommunications practice, the firm announced Wednesday.
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August 14, 2024
T-Mobile Hit With $60M Fine Over National Security Risks
The Committee on Foreign Investment in the U.S. fined T-Mobile US Inc. $60 million for alleged national security failures, including failing to prevent the unauthorized access of "certain sensitive data" and to promptly report such incidents, according to news reports Wednesday and the agency's website.
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August 14, 2024
SEC, CFTC To Collect $474M In Latest Texting Probe Fines
The U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission on Wednesday announced settlements totaling nearly $474 million with several broker-dealers, investment advisers and other registered firms over failures to maintain and preserve text messages and other electronic communications as required under federal law.
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August 14, 2024
Gilstrap Can't Keep IP Case Top Secret, Federal Circuit Told
Law professors and media groups are backing a nonprofit's legal quest at the Federal Circuit to unseal documents in a since-concluded patent lawsuit in the Eastern District of Texas, arguing that keeping patent cases secret harms the public interest.
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August 14, 2024
Amazon's Kuiper Says Satellite Framework Needed Soon
Amazon's Kuiper Systems is pushing the FCC to "take expeditious action" to wrap up new rules dealing with spectrum sharing among non-geostationary orbit fixed-satellite service operators, comments regarding which have been filing into the docket for years.
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August 14, 2024
Temu Parent Faces Investor Suit Over Security, Labor Claims
Chinese retail company PDD Holdings Inc., the owner of online merchandiser Temu, was hit with a proposed securities class action in New York federal court alleging it concealed from investors that it actively sought to put malware on its users' phones and sold goods that were likely made by forced labor.
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August 14, 2024
Google-Epic Antitrust Judge Vows To 'Tear The Barriers Down'
A California federal judge appeared impatient Wednesday with Google's arguments against Epic Games' proposed changes to the Google Play Store in the wake of Epic's antitrust jury win, saying the world created by its "monopolist conduct" is changing, and vowing "to tear the barriers down."
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August 14, 2024
House Republican Files Bill To Fix 'Rip And Replace' Shortfall
A Texas Republican has introduced U.S. House legislation to fill the shortfall in the "rip and replace" program to reimburse telecoms for ridding their networks of Chinese-made components, to the tune of $3.08 billion.
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August 14, 2024
Streaming Cos. Ask FCC To Gauge Fixed Broadband Market
Video streamers and other edge providers hope to make one thing clear as the Federal Communications Commission dissects competition in the high-speed internet space — the fixed broadband service market is still dominated by a few heavyweights and more should be done to assess how the addition of new competitors affects individual markets.
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August 14, 2024
4th Circ. Says T-Mobile Must Face 'Simply Prepaid' TM Fight
The Fourth Circuit revived a Virginia-based telecommunications company's infringement suit against T-Mobile, ruling that Simply Wireless had done enough to show it was planning to revamp its "Simply Prepaid" branding and hadn't abandoned the trademark when T-Mobile began using it.
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August 14, 2024
Mobile Carriers Worry Anti-Robotext Rules Could Go Too Far
Content-neutral text-blocking standards are not the way to go, a key wireless trade group has told the Federal Communications Commission, saying that stripping away the current industry standards in favor of nondiscriminatory ones would "open the floodgates to messages that consumers do not want."
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August 14, 2024
Call Center Blamed In Elderly Connecticut Woman's Death
A customer service call center has been pulled into a wrongful death lawsuit against Frontier Communications of America Inc. by the estate of an elderly woman who fell in her basement and could not call 911 because her phone lines were down, according to an amended complaint filed in Connecticut state court.
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August 13, 2024
Take Me Out Of WDTX, Tech Supplier Cries
A Chicago tech manufacturer says LinkedIn profiles aren't enough to keep it from getting away from the Western District of Texas' U.S. District Judge Alan Albright in a patent case involving microchip patents brought by an ex-Microsoft executive's private equity-funded patent litigation outfit.
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August 13, 2024
Google Says Search Ruling Irrelevant To Common Carrier Suit
A recent ruling from a D.C. federal judge that declared Google a monopolist in the general search market has nothing to do with the Ohio attorney general's bid to designate the search engine as a common carrier, Google told an Ohio state court judge.
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August 13, 2024
Wisconsin Bell Tells Justices FCA Doesn't Apply To E-Rate
AT&T subsidiary Wisconsin Bell Inc. told the U.S. Supreme Court on Tuesday that applying the False Claims Act to fraudulent E-rate program reimbursements means turning the "heavy artillery of the administrative state" onto private transactions.
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August 13, 2024
Miss. Stations Could Lose FCC Licenses For Unpaid Fees
The Federal Communications Commission on Tuesday warned the licensee of two radio stations in Mississippi that they could lose their licenses if thousands of dollars in regulatory fees stretching back more than a decade remain unpaid.
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August 13, 2024
DOJ Gets Crash Course In AI As Attys Brace For Crackdown
The U.S. Department of Justice is working to keep pace with the swift rise of the tools known as artificial intelligence, investigating potential fraud as its Criminal Division learns the nuances of the technology — an unsettling dynamic for some defense lawyers.
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August 13, 2024
2nd Circ. Rewinds Tinder's 'Super Like' Theft Coverage Suit
A Second Circuit appeals court panel asked a lower court Tuesday to reconsider whether Tinder owner Match Group notified its insurer in time to cover underlying claims by a product developer who said he wasn't paid for inventing the app's "Super Like" function.
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August 13, 2024
Congress Didn't Want Utility-Style Internet Regs, 6th Circ. Told
Internet service providers urged the Sixth Circuit to deep-six the Federal Communications Commission's recent decision to reclassify broadband as a telecommunications service and impose net neutrality rules, saying Congress never intended that change even under the broadest reading of federal law.
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August 13, 2024
Telecoms Fret Over FCC's Pole Attachment Deadlines
Negotiating big pole attachment orders can take longer than the Federal Communications Commission might sometimes like, a telecom industry trade group says, warning the agency that a regulation requiring the first of 3,000 such attachments to be ready in 45 days isn't realistic.
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August 13, 2024
FTC Says Fix In Epic's Google Case Should Spur Competition
The Federal Trade Commission has told a California federal court that it has the power to impose a wide range of remedies after a jury found that Google violated antitrust law through its app store policies and urged the court to reject Google's concerns about the proposed changes.
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August 12, 2024
FCC Looks To Require Better Cable, Phone Customer Service
The Federal Communications Commission may soon seek to impose new customer services rules on phone, cable and broadband providers, including making it easier for subscribers to cancel their accounts.
Expert Analysis
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
Cell Tech Patent Holdup Is Stalling Automaker Innovation
Courts and Congress should seek to stem anticompetitive harm caused by standard-essential patent holders squeezing automakers with unfairly high royalties for cellular connectivity technology, says Charles Haake at Alliance for Automotive Innovation.
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Mitigating Risks Amid 10-Year Sanctions Enforcement Window
In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Series
After Chevron: FCC And Industry Must Prepare For Change
The Chevron doctrine was especially significant in the communications sector because of the indeterminacy of federal communications statutes, so the U.S. Supreme Court's overturning of the doctrine could have big implications for those regulated by the Federal Communications Commission, bringing both opportunities and risks for companies, say Thomas Johnson and Michael Showalter at Wiley.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Series
After Chevron: Expect Limited Changes In USPTO Rulemaking
The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.