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Telecommunications
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July 10, 2024
FCC Says Nearly Half 'Rip And Replace' Providers Can't Finish
The Federal Communications Commission said the agency is going to need another $3 billion if it's to keep its promise to reimburse all the companies who agreed to rip out and replace their Chinese-made technology to alleviate security concerns.
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July 10, 2024
Major Cable Group Opposes FirstNet Bid For 4.9 GHz Manager
Cable trade group NCTA is urging the Federal Communications Commission to listen to the chorus of public safety groups who have been pushing hard against the idea of making AT&T's FirstNet the national manager of the 4.9 gigahertz public safety band.
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July 10, 2024
GOP Bombards Agencies With Demands After Chevron's End
Republican leaders of major congressional committees Wednesday demanded details from dozens of agencies on policies suddenly shrouded in uncertainty after U.S. Supreme Court conservatives overturned the so-called Chevron doctrine, which for 40 years gave regulators flexibility in rulemaking and advantages in related litigation.
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July 10, 2024
FCC To Fine Telecom Involved In Universal Service Challenge
The Federal Communications Commission is moving forward with a $100,000 fine against an Ohio-based telecommunications company over late paperwork with the Universal Service Administration.
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July 10, 2024
NFL Asks Court Not To Act On Sunday Ticket Judgment
The NFL urged a California federal judge Tuesday to hold off on any entry of judgment enshrining a jury's blockbuster $4.7 billion antitrust verdict against the league over the DirecTV Sunday Ticket package, arguing there are outstanding issues to be decided that make partial judgment now impractical.
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July 10, 2024
House GOP Demands Info On BEAD 'Rate Regulation'
Congressional Republicans called on a top U.S. Department of Commerce official to release all communications with state agencies in charge of distributing federal broadband grants to see if the agencies were pressured into regulating rates.
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July 10, 2024
Ex-CEO Of Mogul-Tied Co. Fired For Failures, Fraud Suit Says
A European IT company tied to convicted mogul Greg Lindberg struck back against a lawsuit by its former CEO who alleges he was fired abruptly, accusing the former executive of shirking his leadership duties in a counterclaim.
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July 10, 2024
Utility Locating Co.'s Ex-CEO Sues For Severance After Firing
The former CEO of a utility locating company in North Carolina is suing for severance after he was unexpectedly fired, saying he was never told the grounds for his termination and should be paid his base salary plus a bonus under the terms of his employment contract.
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July 10, 2024
FIFA Strikes Back In Puerto Rico Media Access Fight
Two international soccer organizations are pushing back against efforts by a local media company to obtain an injunction that prohibits banning its reporters from covering matches of Puerto Rico's national team, arguing they have nothing to do with such decisions.
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July 10, 2024
9th Circ. Says Nev. Call Center Agents' Bootup Warrants Trial
The Ninth Circuit on Wednesday revived, for a second time, call center agents' collective action alleging the time spent turning on and off their computers before their shifts is payable under the Fair Labor Standards Act, finding that to be a factual issue that should be resolved through a jury trial.
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July 10, 2024
Rural Broadband Org. Calls For Speedier Permitting Process
A rural broadband advocacy group is urging Congress to pass two companion bills that would enable the use of online portals to expedite the permitting process to build high-speed networks on federal lands.
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July 09, 2024
FTC Deal Bars Messaging App From Allowing Users Under 18
Anonymous messaging app maker NGL Labs LLC and two of its founders will shell out $5 million and be banned from offering the service to anyone under age 18 to resolve the Federal Trade Commission and Los Angeles County's claims that they unfairly marketed the app to children and teens and falsely portrayed their content moderation efforts.
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July 09, 2024
Industry, FCC Argue Net Neutrality's Fate After Chevron's Fall
Industry groups and the Federal Communications Commission filed competing briefs with the Sixth Circuit over whether to delay the enforcement of net neutrality rules after the U.S. Supreme Court tossed the longstanding Chevron doctrine that gave wide deference to agency decision making.
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July 09, 2024
FCC Settles Call Caption Privacy Probe For $34.6M
The Federal Communications Commission has secured a $34.6 million settlement with phone call captioning provider CaptionCall for holding onto phone call content too long and other agency rule violations.
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July 09, 2024
FTC Is Denied Amazon's Instructions On Signal Use, For Now
A Washington federal judge refused Tuesday to give the Federal Trade Commission a peek into what it contends is the extensive use of Signal by Jeff Bezos and other top Amazon.com executives to hide communications relevant to a monopolization lawsuit, preferring to order deposition testimony on that use first.
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July 09, 2024
Google Says Social Media Ruling Hurts Common Carrier Case
Google is telling an Ohio state court that a recent U.S. Supreme Court ruling bolsters its case against being reclassified as a common carrier.
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July 09, 2024
FCC Majority Takes Heat From House GOP Over New Regs
Democratic leaders of the Federal Communications Commission defended their regulatory policies Tuesday against House GOP critics who accused the agency of tacking in a partisan direction and passing new rules that Republicans said exceed the agency's statutory limits.
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July 09, 2024
1st Circ. Revives Debt Harass Claims Against National Grid
The First Circuit on Tuesday revived a proposed class action against National Grid USA Service Company Inc. and two debt collection firms whose multiple calls per day to a Massachusetts customer in 2017 and 2018 allegedly violated the state's consumer protection law.
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July 09, 2024
Veriwave Telco Faces FCC Action Over 'Tax Relief' Robocalls
The Federal Communications Commission is moving to block robocalls about purported "tax relief" programs from a Delaware-based telecommunications company, announcing in an order Monday that Veriwave Telco had another 14 days to demonstrate compliance with the agency's rules or risk having downstream providers cut its traffic.
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July 09, 2024
'ComEd Four' To Renew Acquittal Bid After Bribery Ruling
An Illinois federal judge effectively pushed the next ruling in the criminal case against former Commonwealth Edison CEO Anne Pramaggiore and her three co-defendants to at least winter, as the defendants vowed to renew their acquittal bid in the wake of the U.S. Supreme Court's ruling finding that federal bribery law doesn't criminalize rewards given after an official act.
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July 08, 2024
Fed. Circ. Won't Let Charter Shake Off Texas Patent Suit
The Federal Circuit on Monday turned down an argument from Charter Communications to direct a lower court in Marshall, Texas, to toss a patent infringement suit it's facing — less than a year after the cable company lost a nearly identical argument in a different patent case before the appeals court.
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July 08, 2024
Orgs Worry FCC Could Overreach On Network Security
The Federal Communications Commission should rein in its plans to impose new security rules regarding the crucial routing technology used by the internet, lest it prompt other countries to devise their own and start a domino effect, two internet security advocates have told the agency.
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July 08, 2024
Netherlands-Based NXP Cos. Want Out Of Texas IP Suit
Semiconductor company NXP Semiconductors NV and NXP BV, which are both based in the Netherlands, have said a Texas federal judge should throw out a lawsuit claiming they infringed more than half a dozen patents owned by Redwood Technologies LLC, saying the court doesn't have authority over the foreign companies.
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July 08, 2024
ITC Hands Innoscience Partial Loss In Semiconductor IP Row
A judge at the U.S. International Trade Commission has found that Innoscience flouted federal law by importing semiconductor technology that infringes an Efficient Power Conversion patent.
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July 08, 2024
Tribe Says NY Counties Want It To Pay For 911 Access
The Cayuga Nation says two New York counties have been refusing to forward 911 calls happening on the tribal land to the Nation's police department unless it pays, coordination that the tribe says no other law enforcement pays for and that the state says it has to do anyway.
Expert Analysis
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Recent Wave Of SEC No-Action Denials May Be Slowing
The U.S. Securities and Exchange Commission in March granted no-action relief to Verizon and others on the grounds that a director resignation bylaw proposal would mean violating Delaware law, bucking recent SEC hesitation toward such relief and showing that articulating a basis in state law is a viable path to exclude a proposal, say attorneys at Winston & Strawn.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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SEC Off-Channel Comms Action Hints At Future Enforcement
Although the U.S. Securities and Exchange Commission’s recent enforcement action against Senvest does not shed light on how the agency will calibrate penalties related to off-channel communications violations, it does suggest that we may see more cases against standalone investment advisers, say attorneys at Sidley.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Fintiv Denials Are On The Rise At PTAB
Following last year's CommScope v. Dali decision, the Patent Trial and Appeal Board is increasingly using Fintiv factors to discretionarily deny inter partes review petitions — and attorneys ignore it at their peril, say Josepher Li and Michelle Armond at Armond Wilson.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Practical Pointers After Fed. Circ. Double-Patenting Decision
With the Federal Circuit recently denying a full court review of In re: Cellect, a decision regarding obviousness-type double-patenting, affected patent family holders should evaluate their rights through both patent prosecution and future litigation lenses to minimize risks, say Austin Lorch and Jeff Wolfson at Haynes Boone.
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Patent Lessons From 8 Federal Circuit Reversals In March
A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.