• June 27, 2017

    BREAKING: Supreme Court To Review State Jurisdiction In Securities Suits

    The U.S. Supreme Court on Tuesday accepted network support products provider Cyan Inc.’s petition to review whether state courts have jurisdiction to hear investor suits over securities offerings, agreeing to resolve an issue that has divided lower courts.

  • June 26, 2017

    Judge Pauses $280M TCPA Penalty Against Dish

    Dish Network won a pause on a $280 million judgment against the company for violations of do-not-call laws when an Illinois federal judge granted its request for more time to launch its appeal, according to an order on Monday.

  • June 26, 2017

    High Court Denies Cert In Indiana Robocall Ruling

    The U.S. Supreme Court on Monday declined to review a Seventh Circuit decision from earlier this year that rejected a First Amendment challenge to an Indiana ban on robocalls by an Illinois not-for-profit, Patriotic Veterans Inc.

  • June 26, 2017

    High Court Won't Hear Whistleblower's Wiretapping FCA Suit

    The U.S. Supreme Court on Monday declined to hear a federal prosecutor-turned-whistleblower’s appeal in a False Claims Act suit accusing telecom companies of overbilling the government for wiretapping services.

  • June 26, 2017

    Defendants Settle $70M Phone Scheme Case With FTC

    A set of corporate and individual defendants have agreed to settle a case in which the Federal Trade Commission alleged that a handful of telecom companies perpetrated a $70 million scheme that tacked fees onto consumers' telephone bills.

  • June 26, 2017

    The Supreme Court Term By The Numbers

    Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.

  • June 26, 2017

    The Firms That Won Big At The Supreme Court

    One firm went undefeated at the U.S. Supreme Court this term. Another built on last year’s winning streak. And some high court powerhouses took their lumps. Here, Law360 breaks down how the firms most frequently seen at oral arguments performed this term.

  • June 26, 2017

    IP Cases Led The Pack In High Court Amicus Briefs

    Intellectual property cases took four of the top 10 spots on Law360's ranking of the U.S. Supreme Court cases that attracted the most amicus briefs this term, as disputes involving issues like patent exhaustion and offensive trademarks each generated dozens of amicus filings.

  • June 26, 2017

    NJ Senate OKs Bill Forcing Upgrade To Hotel Phone Systems

    The New Jersey Senate unanimously passed legislation Monday that would require hotels to upgrade their phone systems to allow guests to dial 911 without having to dial another digit first, ensuring that hotel guests have easy access to emergency personnel.

  • June 26, 2017

    FCC Asked To Halt Special Access Change During Litigation

    Challengers to the Federal Communications Commission’s move to deregulate the market for business data, or special access, services have urged the agency to pause the effective date for the change during litigation, saying businesses will otherwise face major losses.

  • June 26, 2017

    FCC’s Pai Says Net Neutrality Plan Returns ‘Light Touch’

    Federal Communications Commission Chairman Ajit Pai said in remarks Monday in Sweden that the agency’s proposal to reverse course on the 2015 Open Internet Order will bring back an earlier “light touch” approach and clear the way for network investment.

  • June 26, 2017

    Cable TV, Phone Groups Call For Revamp Of FCC Fees

    Some telecom service providers are paying more than their fair share to support Federal Communications Commission bureau services, trade groups told the agency in a series of recent filings that argued fiscal year 2017 regulatory fees should be more evenly distributed.

  • June 26, 2017

    BET President Wants Out Of Gender Bias Suit

    A top television executive at Black Entertainment Television LLC asked a California federal court Friday to toss gender bias claims made against him by a female executive under Title VII and California’s Fair Employment & Housing Act, saying those statutes don’t impart individual liability for discrimination on supervisors.

  • June 26, 2017

    The Biggest Telecom Cases So Far In 2017

    The focus for telecommunications so far this year has mostly been on the newly Republican-led Federal Communications Commission and not courtroom drama, but courts have also already made decisions related to net neutrality and the limits of FCC authority. Here are the top telecom cases so far in 2017.

  • June 26, 2017

    Deals Rumor Mill: Landis & Gyr, Vapiano, Telefonica

    Two suitors remain in the battle to buy Swiss power meter manufacturer Landis & Gyr, Germany-based restaurant chain Vapiano could raise up to €184 million in an IPO this week, and Telefonica is mulling a flotation of its Argentine business.

  • June 26, 2017

    High Court Wants Fed. Gov't Input In $120M Samsung Appeal

    The U.S. Supreme Court on Monday invited the federal government to submit a brief in Samsung's appeal of a Federal Circuit decision that it must pay $120 million for infringing Apple’s smartphone patents, according to the high court’s federal docket.

  • June 23, 2017

    Fed. Circ. Axes Prism’s Patents In Appeal Of T-Mobile Win

    The Federal Circuit sided with T-Mobile on Friday after the wireless carrier fended off a $100 million infringement lawsuit by Prism Technologies LLC at trial, and it went further than the lower court by invalidating Prism’s authentication server patents as noninventive, abstract ideas under Alice.

  • June 23, 2017

    Reps Push FCC For ‘Ringless’ Voicemail Protections

    Rep. Dan Lipinski, D-Ill., has led a group of House lawmakers in urging the Federal Communications Commission on Thursday to ensure continued consumer protections against "ringless" robocalls sent directly to consumer voicemail, continuing the backlash against a company’s request that was pulled this week at the FCC.

  • June 23, 2017

    Fed. Circ. Affirms Sweeping PTAB Win For Straight Path IP

    The Federal Circuit on Friday affirmed Patent Trial and Appeal Board decisions that largely upheld the validity of three Straight Path IP patents related to real-time video teleconferencing technology, handing the licensing firm a decisive win after a series of attacks from telecom giants like Samsung and Cisco.

  • June 23, 2017

    FCC Says Cyberattack, Not Lobbying, Hit Comment System

    A May disruption to the Federal Communications Commission's online comment system was caused by a cyberattack from traffic that mostly didn't leave comments, the FCC has told lawmakers, saying the problem has been addressed and the system is handling all net neutrality comments.

Expert Analysis

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    What law firms should be learning from a number of recent surveys is that they will not be able to rely on the never-ending flood of associate candidates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Monthly Column

    Gray Matters: We Feel, We Decide


    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Key Privacy Developments In Trump's First 150 Days

    Jaipat S. Jain

    Recent significant shifts in privacy policy include an executive order withdrawing Privacy Act protections for non-U.S. individuals, and the rollback of the Federal Communications Commission's broadband privacy rules, says Jaipat S. Jain of Lazare Potter & Giacovas LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • The Latest SEP Developments In China

    Guizhen Han

    China's current judicial practices appear to indicate that standard-essential patent holders are in a favorable condition to commence relevant patent infringement litigation to protect legitimate rights and interests in China, say attorneys with Tian Yuan Law Firm.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Obviousness May Soon Return To High Court

    Derek Dahlgren

    Consensus is building that the U.S. Supreme Court should grant the petition to hear Samsung v. Apple. The issue that has received the most attention from the amici briefs and the most pages from the parties is how the Federal Circuit applied the obviousness analysis, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • 'Dancing Baby' Copyright Case Through A Proper Lens: Part 2

    David Lichtman

    The Ninth Circuit was correct in its finding that any fair-use analysis for a Digital Millennium Copyright Act takedown notice is a fact-based, subjective determination. According to the Lenz petition for certiorari, the Ninth Circuit’s decision would open the floodgates for a slew of unreasonable claims as grounds for removal of online speech — but the petition conflates incorrectly “subjective beliefs” with “unreasonable beliefs,... (continued)