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Telecommunications
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October 03, 2024
Ex-Twitter Exec's Advice May Sink Bonus Suit Class Cert. Bid
A California federal judge on Thursday appeared flabbergasted that a former X Corp. executive seeking class certification in a suit over unpaid bonuses had previously advised Elon Musk against paying out the compensation, telling the former executive's lawyer, "I seriously wonder if perhaps you've put him in legal jeopardy."
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October 03, 2024
Justices Urged To Ax Google's Ad Tech Subpoena
A South Carolina agency has asked the U.S. Supreme Court to review its challenge of Google's document request in a case accusing the tech giant of monopolizing key digital advertising technology after the Fourth Circuit ruled the agency has to respond.
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October 03, 2024
Full Fed. Circ. Won't Look Into PTAB Estoppel Rule
The Federal Circuit will not reconsider a panel's holding that Patent Trial and Appeal Board rulings can be used to find claims invalid in future U.S. Patent and Trademark Office proceedings.
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October 03, 2024
14 States Challenge FCC Over Prison Phone Rate Caps
Fourteen states from Alabama to Virginia have sued the Federal Communications Commission in the Eighth Circuit over regulations it enacted this summer capping prison phone rates.
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October 03, 2024
ISPs Insist FCC Overstepped With Net Neutrality Rules
Internet service providers told the Sixth Circuit it should reject the Federal Communications Commission's recently passed net neutrality rules because the FCC has failed to show that Congress gave it the authority to regulate broadband as a telecom service.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
Global M&A Hits Highest Q3 Dollar Volume Since 2021
The total value of global mergers and acquisitions in the third quarter of 2024 notched its highest level since the same period in 2021, and it was also the strongest quarter so far this year, according to data provided by Dealogic.
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October 03, 2024
CVS Pushed To Unwind Aetna Megadeal, And Other Rumors
CVS is exploring strategic options that could break up the business, Kleenex's owner explores a sale at a potential $4 billion value, and Ares is in talks to buy 10% of the Miami Dolphins’ parent. Here, Law360 breaks down these and other notable deal rumors from the past week.
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October 02, 2024
Credit Repair Co. Owes $50M In CFPB, Mass. AG Case
The Consumer Financial Protection Bureau and Massachusetts' attorney general scored a $50 million win in their suit against a credit repair service and its owner after a Bay State federal judge determined that they violated federal and state consumer protection laws by falsely promising credit score improvements and illegally charging advance fees.
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October 02, 2024
Epic's Samsung, Google Cases Over Play Store Linked
The judge mulling what changes Google will have to make after a jury found its Play Store policies violate antitrust law will also oversee a new case filed by Epic Games accusing Samsung of helping Google preemptively undermine any fix imposed by the court.
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October 02, 2024
Gov't Tells Justices That E-Rate Program Is Covered By FCA
The federal government is urging the U.S. Supreme Court to declare that E-Rate reimbursement fraud is covered by the False Claims Act because the government provides the program's funding.
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October 02, 2024
Wi-Fi Has All The Spectrum It Needs, Mobile Group Says
Wi-Fi performance gains won't come from more unlicensed spectrum use, a new report commissioned by telecommunications trade group CTIA said Wednesday.
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October 02, 2024
Google Hit With Renewed Voice Assistant Antitrust Case
Sensory Inc. has accused Google of illegally maintaining its monopolies over search and the advertising that appears alongside search results in part by blocking rival voice assistant products from running on Android and other devices.
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October 02, 2024
Fried Frank, DLA Piper Steer Commercial REIT's $251M Listing
Shares of real estate investment trust FrontView began trading Wednesday after it priced a nearly $251 million initial public offering within its intended price range, with Fried Frank Harris Shriver & Jacobson LLP advising the company and DLA Piper serving as counsel for the underwriters.
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October 02, 2024
Top 3 Groups Lobbying The FCC
The Federal Communications Commission heard from advocates more than 100 times in September on the FCC's effort to clamp down on scam robocalls, rules to spur broadband deployment, revamping the 4.9 gigahertz airwaves, satellite spectrum and more.
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October 02, 2024
Madigan Can't Duck Bribery Claims After High Court Ruling
An Illinois federal judge on Wednesday declined to dismiss bribery charges against former Illinois House Speaker Michael Madigan after the U.S. Supreme Court's ruling limiting the reach of a bribery statute that once criminalized gratuities, while also refusing to sever his case from his co-defendant's.
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October 02, 2024
Bally Sports Owner's Ch. 11 Plan Ditches MLB TV Deals
A new Chapter 11 plan filed by the owner of Bally Sports-branded regional sports networks would reject all but one of the company's broadcast deals with MLB teams, but would maintain contracts with professional basketball and hockey partners while swapping existing debt for reorganized equity.
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October 02, 2024
TikTok Can't End Browser Privacy MDL
An Illinois federal judge on Tuesday held TikTok and parent company ByteDance to multidistrict litigation in which users claim the video platform's in-app browser illegally tracks activity on third-party sites, and gave the plaintiffs a chance to replead one claim under California law.
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October 02, 2024
Class Cert. In Bonus Suit Against X On The Verge Of Failure
A California federal judge appeared inclined to deny a former X Corp. employee's class certification bid in his suit claiming the social media platform failed to pay promised bonuses after Elon Musk took over, urging the parties to tackle whether a renewed motion is necessary.
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October 01, 2024
Meta Must Face Bulk Of Social Media Harms Securities Suit
A California federal judge on Monday trimmed but refused to throw out a proposed securities class action claiming Meta Platforms Inc. and its executives misled investors about the harmful effects of social media, finding that the investors pointed to plausibly misleading statements regarding mental health and keeping children safe.
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October 01, 2024
From AI To Enviro: The Top Biz Bills Calif. Gov. Inked Into Law
California Gov. Gavin Newsom signed hundreds of bills into law ahead of an Oct. 1 deadline, meaning major changes are on the horizon for employers, tech companies, healthcare providers and others doing business in the Golden State.
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October 01, 2024
Google Ad Tech Trial: 15 Days On The Rocket Docket
The Justice Department wrapped an extraordinary antitrust trial last week that left a Virginia federal judge pondering whether Google is even dominant in the display advertising placement technology market or just another player.
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October 01, 2024
Phone 'Tax' For FCC Programs Unconstitutional, Justices Told
Groups challenging the Federal Communications Commission's universal service system urged the U.S. Supreme Court on Tuesday to throw out the program's funding base, arguing it amounts to an illegal tax on consumers.
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October 01, 2024
Apple Users Win Partial Cert. In Storage False Ad Suit
A California federal judge granted class certification Monday in a suit accusing Apple Inc. of falsely advertising the storage capacity of older mobile devices, but only for a subclass of certain individuals who purchased 16-gigabyte devices preinstalled with Apple's iOS 8 operating system in the Golden State.
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October 01, 2024
First Marshall Fire Trial To Decide Liability For All Plaintiffs
A Colorado state judge ruled Monday that the first trial in consolidated lawsuits against Xcel Energy and telecom companies for damages related to a 2021 wildfire will decide liability for all plaintiffs unless they show a good reason to opt-out.
Expert Analysis
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Meta Data Scraping Case Has Lessons For Platforms, AI Cos.
The California federal court ruling that artificial intelligence company Bright Data's scraping of public data from Meta social media sites does not constitute a breach of contract signals that platforms should review their terms of service and AI companies could face broad implications for their training of algorithms, say attorneys at Arnold & Porter.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Document Retention Best Practices To Lower Litigation Risks
As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Takeaways From Groundbreaking Data Transfer Order
A recent first-of-its-kind executive order and related proposed rulemaking lay the groundwork for important outbound U.S. data protections, but they may have unintended consequences related to the types of data and the subjects within their scope, say attorneys at Kirkland.
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Infringement Policy Lessons From 4th Circ. Sony Music Ruling
The Fourth Circuit's recent decision in Sony Music v. Cox Communications, which in part held that the internet service provider was liable for contributing to music copyright infringement, highlights the importance of reasonable policies to terminate repeat infringers, and provides guidance for litigating claims of secondary liability, say Benjamin Marks and Alexandra Blankman at Weil.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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The Epic Antitrust Cases And Challenges Of Injunctive Relief
The Epic cases against Apple and Google offer a window into the courts' considerable challenges in Big Tech litigation and establishing injunctive relief that enhances competition and benefits consumers, say Kelly Lear Nordby and Jon Tomlin at Ankura Consulting.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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High Court Social Media Speech Ruling Could Implicate AI
In Moody v. NetChoice and NetChoice v. Paxton, the U.S. Supreme Court is considering whether certain state laws can restrict content moderation by social media platforms, but the eventual decision could also provide insight into whether the first amendment protects artificial intelligence speech, say Joseph Meadows and Quyen Dang at GRSM50.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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BT Case May Shape UK Class Action Landscape
The first opt-out collective action trial commenced in Le Patourel v. BT in the U.K. Competition Appeal Tribunal last month, regarding BT's abuse of dominance by overcharging millions of customers, will likely provide clarification on damages and funder returns in collective actions, which could significantly affect the class action regime, say lawyers at RPC.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.