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Telecommunications
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June 26, 2024
Artists Drum Up Support For Bill To Pay Music Royalties
Congress needs to protect musical artists' intellectual property rights by requiring radio broadcasters to pay royalties for airing their sound performances, as most other countries do, the recording industry told lawmakers Wednesday.
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June 26, 2024
FCC Threatens To Yank Texas AM Station License Over Fees
A Spanish-language Christian radio station is about to have its license snatched away by the Federal Communications Commission if it doesn't do something about its delinquent regulatory fees, according to new proceedings initiated by the agency.
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June 26, 2024
FCC To Finalize Funding For School Wi-Fi Hot Spots
The Federal Communications Commission plans to vote in July on final rules to help schools pay for Wi-Fi hot spots, part of a Democratic effort to address off-campus connectivity gaps through federal aid.
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June 26, 2024
House GOP Gears Up For The End Of Chevron Deference
A new memo outlines how House Republicans are gearing up for the U.S. Supreme Court to potentially overturn the decades-old precedent that courts defer to agencies' interpretations of ambiguous statutes, as an opportunity to roll back the Biden administration's policies and reclaim Congress' power.
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June 26, 2024
FCC Allows Foreign Stake In Montana Telecom After Review
The Federal Communications Commission is allowing a pair of foreign nationals to move forward with their acquisition of Montana telecommunications company iSmart and its multinational parent, saying the federal government concluded a national security review of the transfer and that iSmart's parent company, Truphone, satisfied requirements from a 2022 consent decree it entered with the FCC.
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June 26, 2024
AT&T Strikes Deal To Exit Former Exec's Age Bias Suit
AT&T reached a deal Wednesday to resolve a former assistant vice president's suit alleging he was fired because he's a 58-year-old white man, a filing in Georgia federal court said.
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June 26, 2024
High Court Axes Challenge To Biden Admin's Social Media Work
The U.S. Supreme Court wiped out a Fifth Circuit order prohibiting the Biden administration and several federal agencies from working with social media platforms to combat the spread of misinformation Wednesday, finding the states and individuals challenging the collaboration don't have standing to sue.
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June 25, 2024
Disney Must Face Trimmed ESPN Streaming Fee Antitrust Suit
A California federal judge on Tuesday threw out some antitrust claims in a sprawling proposed class action over Disney's ESPN livestreaming carriage agreements, although he permitted other portions of the suit to proceed, finding that consumers have adequately alleged Disney's actions could have hobbled competition.
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June 25, 2024
NFL Moves To Sack Commercial Class In Sunday Ticket Trial
An attorney for the NFL argued on the eve of closing arguments Tuesday that jurors shouldn't be allowed to consider damages for one of two plaintiff classes in a multibillion-dollar antitrust trial over the league's DirecTV Sunday Ticket television package.
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June 25, 2024
Google Says Epic's Play Store Changes Could Cost $137M
Google urged a California federal judge Monday to reject Epic Games' proposed Play Store remedies following Epic Games' antitrust jury trial win, arguing that the changes could cost up to $137 million plus ongoing maintenance costs and create new security risks while potentially harming Google's reputation.
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June 25, 2024
AT&T Says No Windfall From FirstNet Managing 4.9 GHz Band
AT&T is finally weighing in on the robust debate over whether the FCC should hand over control of the recently revamped 4.9 gigahertz public safety band to an entity with strong ties to the telecom behemoth, denying that it would get a "windfall" if the agency were to go through with it.
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June 25, 2024
Verizon To Pay $1M For Southeast 911 Outage, FCC Says
Verizon has agreed to pay just more than $1 million and follow a compliance plan after a December 2022 breakdown of 911 connectivity throughout the Southeast, the Federal Communications Commission said Tuesday.
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June 25, 2024
No Need To Ship Net Neutrality Appeals To DC, 6th Circ. Told
The Sixth Circuit should stand up to the "concerted effort" to push administrative law matters out of other appellate courts and into the D.C. Circuit by refusing to transfer a bundled set of challenges to the FCC's new net neutrality rules, the U.S. Chamber of Commerce has said.
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June 25, 2024
FCC Says Anti-Redlining Rule 'Dutifully' Carries Out Law
The Federal Communications Commission has urged the Eighth Circuit to toss multiple industry challenges to its rules against discrimination in broadband deployment, saying its use of a wide-reaching standard for prohibited bias fits the law's requirements.
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June 25, 2024
Sinclair Accused Of Violating Video Privacy Law
Sinclair Inc. was hit with a lawsuit in Illinois state court Monday alleging it uses tracking technology to see which videos users watch on its tennis streaming service and target advertisements to them accordingly, in violation of the Video Privacy Protection Act.
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June 25, 2024
Noteholder Deal Spares Telecom WOM From Ch. 11 Dismissal
Chilean telecommunications company WOM told Delaware's bankruptcy court it reached a deal with a group of noteholders and the unsecured creditors committee to resolve their bid to dismiss the debtor's bankruptcy case.
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June 25, 2024
EU Opens Microsoft Case, Unappeased By Teams Unbundling
European Union antitrust authorities opened a formal complaint against Microsoft on Tuesday over the company's bundling of its Teams communications program with its Office 365 suites, calling out as insufficient the disconnection of the services Microsoft initiated last year to appease enforcers.
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June 24, 2024
Localities Redouble Effort To Block House Broadband Bill
The U.S. Conference of Mayors is leaning on Congress to abandon the American Broadband Deployment Act of 2023, saying the bill is trying to cut red tape for broadband permitting at the expense of local governments' control over their own territories.
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June 24, 2024
DC Circ. Affirms Verizon Win In Conspiracy Defamation Row
The D.C. Circuit upheld the toss of a conservative commentator's defamation suit over a Yahoo News podcast that covered the 2016 killing of a Democratic National Committee staffer and the conspiracy theories the homicide produced, ruling that the commentator's allegations fell short of the actual malice threshold.
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June 24, 2024
Harvard Prof Calls NFL Sunday Ticket 'Highly Anticompetitive'
A Harvard law professor testified Monday in a multibillion-dollar antitrust lawsuit over the NFL's Sunday Ticket that pooling teams' television rights into exclusive deals is not like Beyoncé having an exclusive music distributor — as an NFL expert testified — but like Beyoncé, Rihanna, Taylor Swift and Billie Eilish pooling rights.
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June 24, 2024
Apple, Amazon Assail Hagens Berman's Class Rep 'Charade'
Apple and Amazon.com blasted Hagens Berman Sobol Shapiro LLP for trying to "have it both ways" in an antitrust suit over a pact between the companies restricting Amazon iPhone and iPad sales to approved vendors, arguing the firm cannot withdraw its original named plaintiff without forcing him to testify.
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June 24, 2024
Sirius XM Made Millions Off Hidden Royalty Fee, Suit Alleges
Sirius XM Radio Inc. has been tricking customers into paying an extra 21% every month by tacking a hidden "royalty fee" onto bills, according to a new proposed class action alleging that the fee is responsible for every bit of the company's profits for the last several years.
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June 24, 2024
Broadband Advocates Urge FCC To Revisit Subsidy Fees
Advocates for broadband expansion are asking the Federal Communications Commission to revisit an April decision that exempted internet service providers, at least for now, from contributions to the FCC's telecom subsidy program.
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June 24, 2024
AT&T Must Keep Basic Services Intact, Calif. Regulators Say
California regulators have required AT&T to maintain its commitment to basic phone service by denying its bid to withdraw as a "carrier of last resort," a decision that has prompted the company to pursue legislation that would maintain the designation only for rural communities that have limited options for telecom service.
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June 24, 2024
Catching Up With Delaware's Chancery Court
Amendments to Delaware's General Corporation Law topped the news out of the Court of Chancery again last week, as the hotly contested measure sailed through the state's legislature. Tesla and its shareholders continued their tug-of-war over attorney fees for Chancery litigation about Elon Musk's pay package, and new cases were filed involving biotechs, car rental companies, workout platforms, telecom towers, and a cargo ship fire in Brazil.
Expert Analysis
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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How Cos. Can Prioritize Accessibility Amid Increase In Suits
The U.S. Department of Justice's notice of proposed rulemaking on digital accessibility and recent legal proceedings regarding tester plaintiff standing in accessibility cases show websites and mobile apps are a growing focus, so businesses must proactively ensure digital content complies with the Americans with Disabilities Act, say attorneys at Hinckley Allen.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Opinion
Forging A Fair Path For Standard-Essential Patents In India
The Delhi High Court's standard-essential patents decision in Intex v. Ericsson has the potential to derail important progress for India's technology industry, so Indian regulators and courts should be developing an SEP licensing ecosystem that inspires and protects innovation, say Brian Scarpelli and Priya Nair at ACT.
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Pa. Autodialer Decision Has Turned TCPA Tides In 3rd Circ.
Amid a daunting post-Facebook v. Duguid landscape in the Third Circuit for Telephone Consumer Protection Act defendants, a Pennsylvania district court recently adopted a narrow automatic telephone dialing system definition in Perrong v. Bradford, which is a win for defense counsel, say attorneys at Troutman Pepper.
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Lessons From Verizon's Cybersecurity FCA Self-Disclosure
A Verizon unit’s recent agreement to settle allegations of cyber-related False Claims Act violations illustrates the interplay between the government's prioritization of cybersecurity enforcement and the potential benefits of voluntarily disclosing cybersecurity failures, says Denise Barnes at Honigman.
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TikTok Fine Highlights EU Approach To Children's Data Rights
Following the Irish Data Protection Commission's recent fine against TikTok for breaching children's data protection rights, organizations should adopt a proactive approach and implement measures aiding compliance with the General Data Protection Regulation, says Carla Murray at Myerson.
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Series
ESG Around The World: Japan
Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Issues Arise As Cos. Shift From Class Actions To Arbitration
As corporations like Epson and Samsung move from class action to arbitration, challenges such as a lack of transparency and delay tactics have emerged, leaving a pressing need for legislative reform to ensure accountability and to uphold the rights of consumers and employees, says former Maine Attorney General Andrew Ketterer.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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Assessing D&O Coverage Amid Challenges To DEI Policies
As the recent backlash against corporate diversity, equity and inclusion policies leads to shareholder litigation and other legal challenges, companies bolstering their DEI efforts should ensure that their directors and officers and employment practices' liability insurance policies provide sufficient coverage for potential claims, say Peter Gillon and Patrick Blood at Pillsbury.