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Telecommunications
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May 30, 2024
FCC Subsidy Reforms Could Be Drafted On Capitol Hill Soon
A working group on Capitol Hill studying a potential overhaul of the Federal Communications Commission's subsidy regime could produce draft reforms soon, but a big stumbling block will be how to expand contributions to the fund, telecom experts say.
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May 30, 2024
KKR's $24B NetCo Buy Gets EU Regulatory Approval
The European Commission said Thursday it has approved KKR & Co.'s planned $23.7 billion acquisition of NetCo from Italian telecommunications provider TIM Group, paving the way for the close of one of the largest deals announced last year.
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May 30, 2024
VR Fitness App Ends $353M Antitrust Row With Meta, For Now
An app developer that sued Meta, Mark Zuckerberg and others seeking $353 million for alleged antitrust violations after the social media platform reneged on a deal to launch the plaintiff's virtual reality fitness app voluntarily dropped his case, for now, according to a notice filed Wednesday in California federal court.
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May 30, 2024
Alston & Bird Adds IP Litigator From BakerHostetler In LA
Alston & Bird LLP is boosting its intellectual property team, bringing in a BakerHostetler IP litigator as a partner in its Los Angeles office.
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May 29, 2024
Feds Dismantle Massive Botnet, Arrest Malware's Admin
Following an investigation by law enforcement in the U.S., Singapore, Thailand and Germany, the U.S. Department of Justice on Wednesday announced it has dismantled a botnet used in cyberattacks, child exploitation, massive fraud and export violations, and arrested a Chinese national behind the malware.
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May 29, 2024
Meta's Policy On Threats List 'Sounds Nefarious,' Judge Says
The California federal judge overseeing claims Meta blacklists certain adult performers questioned the social media giant's practice of keeping its list of dangerous organizations and individuals as a "living document" that changes constantly and isn't archived, saying the policy appears to destroy evidence and "sounds nefarious."
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May 29, 2024
Verizon Urges Court Not To Postpone VoIP-Pal Patent Trial
Verizon is fighting a bid by patent litigation company VoIP-Pal.com to get U.S. District Judge Alan Albright to delay sending the Texas federal suit against the telecom giant to a jury, amid a feud over getting a "do-over" on VoIP-Pal's $5 billion damages request.
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May 29, 2024
PTAB Invalidates More Of Sisvel Data Patent On Remand
The Patent Trial and Appeal Board has trimmed more of a Sisvel International SA data transmission patent on remand from the Federal Circuit, but left one of the patent claims in play.
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May 29, 2024
Microsoft's Post-Merger Layoffs Cited In I-Told-You-So Appeal
A private group of gamers is pointing to Microsoft's recent layoffs of 1,900 Activision and XBox employees as evidence of market harms stemming from Microsoft Corp.'s acquisition of Activision Blizzard Inc., as the group seeks to revive a private antitrust suit challenging the merger in the Ninth Circuit.
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May 29, 2024
Google, Apple Say Nothing New To Revive Search Pact Suit
Google and Apple urged a California federal judge not to revive a private lawsuit accusing Google of paying Apple not to produce its own search engine, arguing the consumers have nothing new in citing months-old revelations from the Justice Department's search monopolization case against Google.
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May 29, 2024
FCC Chief Floats Plan To Cut Down On Orbital Satellite Debris
The Federal Communications Commission's chair proposed new rules Wednesday aiming to reduce the chances of spacecraft explosions that leave debris in orbit.
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May 29, 2024
NY Attys Back Bid For Justices To Hear Double-Patenting Row
A petition looking to persuade the U.S. Supreme Court to wade into a double-patenting dispute has received support from a trade group of New York patent lawyers.
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May 29, 2024
TikTok Ban Gets Expedited Sept. Hearing Date At DC Circ.
The D.C. Circuit on Tuesday agreed to expedite the briefing schedule for a constitutional challenge against a federal law banning TikTok from the United States unless it severs its ties with its Chinese parent company, ByteDance Ltd., with oral arguments set to be heard this fall.
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May 29, 2024
6 Questions For FCC Commissioner Anna Gomez
A year after she was nominated for the Federal Communications Commission's third Democratic seat, Anna Gomez says she's steadily progressing toward goals tied to connectivity, innovation, public safety and media localism in what she calls the "best job I've had in my career."
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May 29, 2024
Fire Chiefs Want FirstNet In Charge Of Revamped 4.9 GHz
Firefighters across the country want the Federal Communications Commission to know that they're in favor of the agency's plan to turn the revamped 4.9-gigahertz public safety band over to a single, nationwide manager.
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May 29, 2024
NBA Star's Marketing Biz Says Dish Owes $1.4M
A company owned by Los Angeles Clippers point guard Russell Westbrook sued Dish Wireless in Colorado federal court, accusing the satellite television service provider of not paying more than $1.4 million in invoices for marketing services the basketball player's business provided under a 2021 contract.
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May 29, 2024
Chancery Pins Down Musk, Tesla On Pay Bid, Del. Jurisdiction
Delaware's chancellor has nailed Elon Musk, Tesla Inc. and their counsel to assurances that the company won't flee state corporate law jurisdiction and a potentially massive stockholder attorney fee dispute by rushing votes on a struck-down, $56 billion compensation plan for Musk and proposed reincorporation in Texas.
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May 29, 2024
House Judiciary Leaders Seek Briefing On FISA Court Access
The top Republican and Democrat on the U.S. House Judiciary Committee are looking for an update on a request by members of Congress for access to the secretive proceedings of the court that hears matters on the controversial warrantless foreign surveillance law.
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May 29, 2024
BakerHostetler, Crowell On Verge Of Settling Client Scam Suit
BakerHostetler and Crowell & Moring LLP appear close to settling a malpractice suit claiming the firms aided and abetted a network of predatory websites, just days after a Florida federal judge authorized discovery into the former client's Slack messages.
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May 29, 2024
The NFL's $6 Billion Question: Is Sunday Ticket A Racket?
After nearly a decade of testy antitrust litigation, the NFL finds itself on the precipice of a trial that could put it on the hook for billions of dollars if a California jury finds that the league and its teams illegally colluded with DirecTV in pricing its Sunday Ticket broadcast package.
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May 29, 2024
Greenberg Traurig Adds IP Atty From Eversheds Sutherland
Greenberg Traurig LLP has bolstered its California bench of attorneys with an Eversheds Sutherland lawyer who has years of experience advising digital health and medical device companies on intellectual property issues.
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May 28, 2024
AI Co. Can't Escape Meta's Suit Over User Data Scraping
A California federal judge has refused to toss Meta Platforms Inc.'s suit accusing an artificial intelligence company of unlawfully scraping Facebook users' data and selling it to its clients, finding that Meta had identified a valid contract and that the court had jurisdiction over all the social media giant's claims.
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May 28, 2024
Consumers, Advertisers Seek Class Cert. Against Meta
Advertisers and consumers suing Facebook owner Meta Platforms Inc. over allegations of monopolizing the online social media advertising market and misusing users' data in the process have told the California federal court overseeing their claims that they believe it's time for the proposed classes to be certified.
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May 28, 2024
Frontier, Ex-CEO Settle $21.8M Life Insurance Benefits Feud
Frontier Communications and Leonard Tow, its former CEO and the top executive of a predecessor, have privately settled a feud surrounding tens of millions in split-dollar life insurance policies, with both sides asking a Connecticut state court judge to withdraw a $21.8 million prejudgment remedy order issued last month.
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May 28, 2024
Cloud Software Co. Hid Slowing Growth, Investor Suit Says
Software company Fastly Inc. was hit with a proposed shareholder class action alleging it concealed from investors that it would be unable to meet its previously issued financial guidance following a period of unsustainable customer growth.
Expert Analysis
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Trending At The PTAB: Administrative Procedure
A pair of recent Federal Circuit rulings on Patent Trial and Appeal Board inter partes review shed light on applications of the Administrative Procedure Act, adding to an ever-growing body of case law showing the board's final written decision must be based on arguments clearly put forth by the parties, say Robert High and Benjamin Saidman at Finnegan.
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Retailers: Beware Legislator And Regulator Junk Fee Focus
In light of the Biden administration’s recent focus on restricting so-called junk fee surcharges across industries, attorneys at Benesch discuss what retailers should know about several evolving developments, including a new California law, a proposed Federal Trade Commission rule, an expanding litigation landscape, and more.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Takeaways From Iran Missile Procurement Advisory
Companies should familiarize themselves with the entities and practices highlighted in the recent multiagency Iran Ballistic Missile Procurement Advisory, to avoid falling prey to deceptive practices that help bad actors evade sanctions, say attorneys at DLA Piper.
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Safe-Harbor Period Change Could Hinder TCPA Compliance
A proposed rule change under consideration by the Federal Communications Commission would require businesses to honor do-not-call requests within 24 hours of receipt for calls and texts that are subject to the Telephone Consumer Protection Act, and companies have already called it unreasonable, say Aaron Weiss and Danny Enjamio at Carlton Fields.
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Cos. Must Address Growing Chatbot Class Action Risk
Following a new wave of chatbot-related consumer data privacy litigation and expanding compliance obligations created by state legislatures, businesses using such technology face a high-risk environment for wiretapping allegations, with inconsistent court rulings to date and uncertain legal holdings ahead, say attorneys at Pierce Atwood.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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5 Telecom Issues To Watch Amid FCC Broadband Proposal
The Federal Communications Commission's recent proposal to restore net neutrality rules and reassert its regulatory authority over broadband providers is likely to spark debate over certain issues, including privacy rules and questions surrounding the commission's legal authority, says Matthew DelNero at Covington.
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Series
ESG Around The World: The UK
Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Opinion
Test Results Signal Poor Odds For Lead Cables Litigation
After sites in New York and New Jersey allegedly contaminated with lead by telecommunications cables were found by state and federal agencies to present no imminent threats to public health, it seems unlikely that mass litigation over this issue by plaintiffs firms or state attorneys general will succeed, says Andrew Ketterer at Ketterer & Ketterer.
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Opinion
Justices Should Nix Section 230 Immunity For Tech
The U.S. Supreme Court recently agreed to decide two new cases that present another opening to curtail the broad immunity enjoyed by tech company-owned social media platforms under Section 230, and it's long past time for online publishers to be treated the same as traditional ones, says Douglas Mirell at Greenberg Glusker.
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To Comply With Campaign Finance Rules, Watch The Calendar
Corporations, campaigns and community advocates alike can all stay on the right side of federal campaign finance law during the 2024 election season by committing to observe the many overlapping dates and compliance windows that limit third-party coordination with candidates and electioneering communications, say attorneys at Wiley.
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Unpacking The FAR Council's Cybersecurity Rules Proposal
New reporting and information sharing requirements in the Federal Acquisition Regulatory Council's recently proposed cybersecurity regulations would create new False Claims Act enforceability risks, and could be a focus for the U.S. Department of Justice's Civil Cyber Fraud Initiative, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.