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Telecommunications
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July 01, 2024
Catching Up With Delaware's Chancery Court
Two multimillion-dollar settlement approvals, a $25 million fee-shifting demand, and a biotech merger spoiled by murder: This was just the beginning of the drama last week in the nation's preeminent court of equity. Shareholders in satellite companies filed new cases, a cannabis company headed toward trial, and there were new developments in old disputes involving Tesla and Truth Social.
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July 01, 2024
Herschel Walker Campaign Sues Media Firm Over Payments
The campaign for former NFL star Herschel Walker's losing U.S. Senate run in Georgia filed a lawsuit claiming a Texas-based media firm charged it inflated costs for ad buys and made improper payments to itself and a vendor it had a financial interest in.
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July 01, 2024
Social Media Laws Need More Analysis, Justices Say
The U.S. Supreme Court on Monday returned to the lower courts challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on viewpoint, saying that the Fifth and Eleventh circuits did not conduct the proper analysis on the facial First Amendment challenges to the laws.
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July 01, 2024
Supreme Court Widens Window To Challenge Federal Regs
Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
Dish Doesn't Owe Extra Tower Rent For Space To Open Doors
Telecommunications infrastructure company Crown Castle USA can't charge Dish Wireless for the three feet of space outside its leased area where its doors swing open, a Colorado state judge has declared, nor can it block the doors from opening over its leased property line.
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
E-Commerce Not Speech, Strictly Business, Ga. Tells Judge
Lawyers for the State of Georgia attempted to convince a Georgia federal judge Friday that new regulations on e-commerce platforms set to take effect Monday neither restrict the online platforms' speech, nor do they conflict with a comparable set of restrictions enacted by Congress last year.
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June 28, 2024
FCC Subsidy Opponents File New 5th Circ. Challenge
A free-market group and others seeking to overturn the Federal Communications Commission's telecom subsidy system has again filed suit in the Fifth Circuit to oppose the industry fees that fund the programs.
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June 28, 2024
6th Circ. Won't Move Net Neutrality Challenges To DC
The Sixth Circuit on Friday denied a bid to transfer challenges to the Federal Communications Commission's net neutrality rules to the D.C. Circuit.
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June 28, 2024
Calif. Panel Won't Toss Trial Win By AT&T's Cricket
Cricket Communications Inc. won't have to worry about a 2018 jury trial win being kiboshed after a California appeals court ruled that when it overturned a pretrial ruling because a previous judge failed to disclose that he owned AT&T stock, it didn't mean the entire trial should be undone.
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June 28, 2024
The NFL Lost Big: What Happened, What Happens Next
A California federal jury's rebuke of the NFL's Sunday Ticket broadcast package has the league staring down a $4.7 billion class action verdict, prompting experts to wonder why the league was willing to risk a jury trial in the first place and how it will try to overturn the verdict now that it lost.
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June 28, 2024
AT&T Faces Derivative Suit In Del. Over Toxic Cable Risks
An AT&T Inc. stockholder launched a derivative suit in Delaware's Court of Chancery on Friday seeking damages from the company's directors and top officers on the company's behalf for past, present and future expenses caused by toxic risks from lead-tainted cables around the country.
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June 28, 2024
Gov't Contracts Of The Month: Space Launches And Satellites
June saw NASA and the U.S. Space Force doling out billions of dollars for weather satellites, information technology services and national security space launches. Here, Law360 looks at some of the most noteworthy government contracts over the last month.
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June 28, 2024
Satellite Cos. Call For More Detail On FCC's Space Debris Plan
Satellite companies are telling the Federal Communications Commission that more work needs to be done before it moves forward on an accidental explosion probability threshold for satellites, with several arguing in recent weeks that the agency needs more comment to establish a clear metric.
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June 28, 2024
Most H.I.G. Capital Claims Advance In $915M Del. Audax Suit
A Delaware Superior Court judge has kept alive much of a suit filed by affiliates of H.I.G. Capital alleging "brazen" sell-side fraud and conspiracy by interests of Audax Group in connection with H.I.G.'s $915 million deal in early 2022 for an allegedly overvalued Mobileum Inc.
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June 28, 2024
EU Wraps Antitrust Probe Of Microsoft's OpenAI Stake
The European antitrust authorities have ended their probe into tech giant Microsoft's control of authority in artificial intelligence-powered chatbot ChatGPT's owner OpenAI, but are switching the angle of the investigation in the partnership that could lead to a formal competition probe.
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June 28, 2024
Verizon Hit With $847M Patent Verdict In EDTX
An Eastern District of Texas federal jury on Friday said Verizon should pay $847 million for infringing two General Access Solutions wireless network patents, providing the patent owner with the full relief it requested.
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June 28, 2024
Off The Bench: NFL's Big Loss In Court, NBA Agent Spat
In this week's Off The Bench, a jury delivers the NFL a $4.7 billion punch to the gut, an NBA agent looks to get paid for work that was credited to Rich Paul, and the Arizona Cardinals try to get a former executive's defamation claims sent to arbitration.
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June 28, 2024
Providers Need More Time To Meet SIM Swap Rules, FCC Told
Mobile providers are increasing pressure on the Federal Communications Commission for more time to roll out new phone card swapping policies to comply with an FCC rule aiming to protect wireless consumers from fraud.
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June 28, 2024
Taxation With Representation: Kirkland, Vinson, Skadden
In this week's Taxation with Representation, Aareal Bank AG and Advent International sell a property management and maintenance software company, Webtoon Entertainment Inc. and Tamboran Resources Corp. price initial public offerings, SM Energy Company acquires oil and gas assets, and Nokia sells Alcatel Submarine Networks to the French state.
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June 28, 2024
High Court Enters July With 3 Rulings To Go
In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action.
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June 28, 2024
Skadden Guides Nokia On $2.3B Infinera Buy, Stock Pops
Skadden is representing Nokia on a deal to buy Silicon Valley optical-transmission equipment maker Infinera at a $2.3 billion enterprise value, as the Finnish telecommunications giant looks to upsize its North American optical markets business.
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June 28, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Uber hit with claims from Addison Lee and the former CEO of the Kabbee app, animal by-product company Leo Group file a defamation claim against a local anti-odor campaigner, and a self-styled lord who claims to be the illegitimate son of the late Prince Phillip resume legal action against his cousins for a share in his late aunt's estate. Here, Law360 looks at these and other new claims in the U.K.
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June 28, 2024
Supreme Court Strikes Down Chevron Deference
The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.
Expert Analysis
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Takeaways From Nat'l Security Division's Historic Declination
The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Key FCC Enforcement Issues In AT&T Location Data Appeal
AT&T’s decision to challenge a $57 million fine from the Federal Communications Commission for its alleged treatment of customer location information highlights interesting and fundamental issues about the constitutionality of FCC enforcement, say Patrick O’Donnell and Jason Neal at HWG.
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Patent Lessons From 7 Federal Circuit Reversals In May
A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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National Security And The Commercial Space Sector: Part 2
Strategy documents recently published by the U.S. Department of Defense and the U.S. Space Force confirm the importance of the commercial space sector to the DOD, but say little about achieving the institutional changes needed to integrate commercial capabilities in support of national security in space, say Jeff Chiow and Skip Smith at Greenberg Traurig.
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National Security And The Commercial Space Sector: Part 1
The recently published U.S. Department of Defense space strategy represents a recalibration in agency thinking, signaling that the integration of commercial space capabilities has become a necessity and offering guidance for removing structural, procedural and cultural barriers to commercial-sector collaboration, say Jeff Chiow and Skip Smith at Greenberg Traurig.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How AI Cos. Can Cope With Shifting Copyright Landscape
In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.