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Telecommunications
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April 08, 2024
Chancery Approves $36M Sirius XM Settlement, $9.6M Atty Fee
Sirius XM Holding Inc. stockholders who sued in Delaware's Court of Chancery over an alleged ongoing squeeze-out by Liberty Media Corp. won court approval Monday of a $36 million settlement to end their litigation, along with a $9.6 million payout for their attorneys and $50,000 for the lead plaintiff.
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April 08, 2024
9th Circ. Doubts Quick Section 230 Appeal In Casino App Suits
A Ninth Circuit panel appeared skeptical Monday of weighing in on whether the Communications Decency Act's Section 230 shields Google, Apple and Meta from consolidated multidistrict litigation over allegedly illicit "social casino" game apps on their platforms, with two judges saying that the interlocutory appeal is "premature" and "confusing."
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April 08, 2024
McConnell Expresses Support For TikTok Divestiture Bill
Senate Minority Leader Mitch McConnell, R-Ky., on Monday stressed the need for the House-passed bill to clamp down on TikTok, citing vast national security concerns.
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April 08, 2024
DirecTV Questions FCC Legal Authority For New Rules
DirecTV said the Federal Communications Commission is relying on a faulty interpretation of the Communications Act to justify imposing rules that would block early termination fees for satellite service and require rebates for TV program blackouts during carriage disputes.
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April 08, 2024
Catching Up With Delaware's Chancery Court
Last week, a much-watched Chancery Court Match.com decision got reversed, a Philip Morris motion got stubbed out, and a long-frozen Blue Bell Creameries suit started churning again. Delaware's Court of Chancery also saw new suits filed for legal fees, arguments over multibillion-dollar pay packages, and a judge flummoxed over Truth Social.
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April 08, 2024
AT&T Seeks Justices' Review Of 9th Circ. 401(k) Suit Revival
AT&T has asked the U.S. Supreme Court to review a Ninth Circuit decision reviving retirement plan mismanagement claims against the telecom giant, arguing that a panel defied court precedent and deepened a circuit split with its ruling knocking out AT&T's summary judgment win.
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April 08, 2024
Key Congressional Leaders Float Sweeping Data Privacy Bill
The heads of the U.S. Senate and House commerce committees have taken a major step toward enacting a comprehensive federal consumer data privacy framework, reaching a long-awaited deal on proposed legislation that would minimize the personal data companies can gather, allow consumers to bring lawsuits and eliminate a growing patchwork of state laws.
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April 05, 2024
COVID App Takes Another Shot At Apple With Justices
App developers are again seeking U.S. Supreme Court intervention against the Ninth Circuit's refusal to revive antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, decrying "fundamental error" lower courts made misreading pleading requirements, proffered market definition and more.
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April 05, 2024
Top 3 Groups Lobbying The FCC
The Federal Communications Commission heard from policy advocates more than 200 times in March, as the agency fielded concerns on net neutrality rules, bulk billing for internet service, broadband deployment, school connectivity and more.
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April 07, 2024
7th Circ. Won't Save Hytera From 'Self-Inflicted' Wounds
A Seventh Circuit panel this weekend said Hytera Communications could not be trusted after it filed a Chinese lawsuit behind an Illinois court's back and brought a $1 million daily fine upon itself, as a federal judge said she needed written proof that a Chinese court had really dismissed the suit.
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April 05, 2024
Where Will 10 Private IPhone Suits Call Home, Calif. or NJ?
Two different groups of consumers are pushing competing visions for where they want to pursue claims that Apple tried to lock in iPhone users, with one case first filed in California seeking transfer to New Jersey while a second group sought consolidation of all private lawsuits in the Golden State.
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April 05, 2024
Meta Looks To Nix FTC's Antitrust Case Over Acquisitions
Meta Platforms urged a D.C. federal court on Friday to toss the Federal Trade Commission's antitrust case against it, saying the agency has found no evidence showing its acquisitions of Instagram and WhatsApp hurt competition or consumers.
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April 05, 2024
Alabama Station Wins Carriage Fight With Dish At FCC
An Alabama TV station won a Federal Communications Commission ruling against Dish Network, forcing Dish to carry the station throughout the Columbus, Georgia, and Opelika, Alabama, markets after the satellite provider initially refused.
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April 05, 2024
CEO Of Chilean Telecom Co. WOM Leaves Days After Ch. 11
One of Chile's largest cellphone operators WOM SA has replaced its CEO days after it filed for bankruptcy in Delaware, the company announced, with the ousted executive alleging shareholders at the company failed to deliver on new sources of funding promised last fall.
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April 05, 2024
FCC Says Carrier Must Kill Tax Relief Scam Robocalls
The Federal Communications Commission says it's doing some spring-cleaning and will be clearing out entities supporting clients that make illegal robocalls, starting with a company that has been allowing a client to send out some 15 million calls about a fake tax relief program.
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April 05, 2024
NC County School Board Joins Chorus Saying Apps Harm Youth
The Board of Education in Wake County, North Carolina, on Friday joined the ranks of school systems suing Meta, Snapchat, TikTok and other social media companies, accusing them of stoking addiction in young users and saddling taxpayers with the cost.
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April 05, 2024
Microsoft, Others Can Weigh In On Epic, Apple App Store Row
A California federal judge allowed Microsoft, X Corp., Meta Platforms, Spotify and other major app developers to file amicus briefs in Epic Games' effort to convince the court that Apple is not complying with an order barring it from using anti-steering rules in its App Store.
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April 05, 2024
Solar Company Hit With TCPA Suit After $13.8M FTC Fine
Months after the Federal Trade Commission slapped lead generation firm Solar Xchange with a $13.8 million fine for sending out millions of pestering calls to people on the National Do-Not-Call Registry, one recipient of those calls has filed suit in Massachusetts federal court to seek his own recompense.
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April 05, 2024
Sprint's $4.5M Nextel Trademark Win Upheld At 11th Circ.
Sprint Communications Inc. maintained a trademark on its line of walkie-talkie devices and deserved a $4.5 million jury award against an imitator for its unlawful use of the device name and distinctive "chirp" noise, according to an Eleventh Circuit panel ruling.
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April 05, 2024
Judicial Nominees On Schumer's Post-Recess To-Do List
Senate Majority Leader Chuck Schumer, D-N.Y., laid out on Friday a busy agenda for when Congress returns next week, which includes confirming the president's judicial nominees.
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April 05, 2024
National Association Of Broadcasters Hires New Deputy GC
The National Association of Broadcasters has hired a former Baker McKenzie partner and Federal Trade Commission attorney to serve as its new deputy general counsel, the group announced Thursday.
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April 04, 2024
Charter Says Nonprofit's Fight Over Sealed Docs Is Too Late
Charter Communications Inc. is disputing the Electronic Frontier Foundation's attempt to persuade a Texas federal court to unseal filings in a patent suit against the cable company over data transmission that settled late last year.
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April 04, 2024
FCC Refuses To Restore Pa. Felon's FM Radio License
The Federal Communications Commission has denied a Pennsylvania man's request to restore his radio license after he pled guilty to using a hidden camera to take and send nude photos of a woman.
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April 04, 2024
'Halfhearted' Hytera Filings Not Enough To Lift Hefty Sanctions
Hytera Communications' daily $1 million fine and other sanctions for violating an Illinois federal judge's anti-suit injunction stayed in place Thursday as she ordered the company to submit a fourth, more "meaningful" request in China to halt a lawsuit it lodged against Motorola Solutions.
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April 04, 2024
ISP Tells FCC Bulk Billing Deals Are Pro-Consumer
An internet service provider is trying to convince the Federal Communications Commission that banning bulk billing in apartment buildings is not the way to go and that the arrangements are actually a "key tool for closing the digital divide."
Expert Analysis
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The Year In FRAND: What To Know Heading Into 2024
In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.
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What's Ahead For Immigrant Employee Rights Enforcement
The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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Issues High Court Is Weighing In Gov't Social Media Cases
Two U.S. Supreme Court cases aim to resolve a circuit split on whether public officials who block commenters from their personally created accounts are acting "under color of" state law, and the justices are grappling with determining how canonical legal principles will fit into a shifting landscape driven by advances in technology, says Alyssa Howard at Zuckerman Spaeder.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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What Banks Should Know About TCPA Exam Policy Updates
As banking organizations consider revisions to their automated communications policies in light of the Office of the Comptroller of the Currency's recent updates to its Telephone Consumer Protection Act examination procedures, they should also consider conducting a full review of their TCPA compliance practices, say attorneys at Debevoise.
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EU GDPR Ruling Reiterates Relative Nature Of 'Personal Data'
The Court of Justice of the European Union recently confirmed in Gesamtverband v. Scania that vehicle identification number data can be processed under the General Data Protection Regulation, illustrating that the same dataset may be considered "personal data" for one party, but not another, which suggests a less expansive definition of the term, say lawyers at Van Bael.
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7 Enforcement Predictions For US Export Controls, Sanctions
Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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7 Critical Copyright And AI Questions Courts Need To Address
U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.