• January 24, 2017

    Qualcomm Hit With Shareholder Suit Over FTC, Apple Claims

    Qualcomm Inc. was hit with a proposed class action in California federal court Monday alleging the company and its top officials misled investors and inflated share prices in the wake of Federal Trade Commission and Apple lawsuits alleging the company engaged in anti-competitive behavior with cellphone makers over its baseband processors.

  • January 24, 2017

    Garvey Schubert Atty Fights New Complaint Bid In TV Suit

    A Garvey Schubert Barer attorney who escaped most of a malpractice lawsuit over an allegedly botched licensing application for a broadcasting company urged a D.C. federal judge on Tuesday to block the broadcaster from filing a new complaint, calling the claims “futile.”

  • January 24, 2017

    Pro-Competition Group Slams $34B CenturyLink-Level 3 Deal

    A proposed $34 billion merger between CenturyLink and Level 3 Communications would reduce competition, raise prices and hamper the expansion of fiber infrastructure for business broadband, pro-competition telecommunications trade group Incompas told the Federal Communications Commission on Monday.

  • January 24, 2017

    Nortel Wins Plan Confirmation After 8 Years In Ch. 11

    Nortel Networks Inc. won confirmation of its Chapter 11 plan in both Canada and the Delaware bankruptcy court Tuesday, eight years after the defunct telecom filed for bankruptcy protection, capping off a lengthy saga that included an unprecedented international dispute over how to divide $7 billion asset sale proceeds.

  • January 24, 2017

    NLRB Judge Finds Dish Wage Cut Of Texas Employees Illegal

    Dish Network violated Section 7 of the National Labor Relations Act when it made unilateral changes to the wages and health care coverage for employees at two Texas facilities and refused to bargain with the union, a National Labor Relations Board administrative law judge found Tuesday.

  • January 24, 2017

    FilmOn X Says Vimeo Ruling Helps Copyright License Bid

    Internet streaming service FilmOn X, fighting in both the Ninth and D.C. Circuits for access to the same automatic copyright licenses as cable companies, told those courts Monday the Second Circuit’s recent Vimeo ruling should swing the battle in its direction.

  • January 24, 2017

    ITC To Probe Nokia's Patent Suit Against Apple

    The U.S. International Trade Commission announced Tuesday that it is launching an investigation into Nokia's complaint against Apple accusing the tech giant of infringing 12 patents related to video coding and other technologies.

  • January 24, 2017

    Pai Vows To Tackle 'Digital Divide' As New FCC Chief

    Bridging the “digital divide” between Americans will be the one of the top priorities for newly minted Federal Communications Commission Chairman Ajit Pai, he said Tuesday in his first substantive policy remarks since President Donald J. Trump tapped him to lead the agency.

  • January 24, 2017

    Telecom, Bank Seek To Enforce $50M Judgments On Belize

    Two companies linked to British-Belizean billionaire Michael Ashcroft asked a D.C. federal judge Monday for permission to enforce $50 million in confirmed arbitral awards against the country, saying it has no excuses now that the U.S. Supreme Court has rejected its appeals.

  • January 24, 2017

    NLRB Tells T-Mobile To Void Rule Barring Union Talk

    The National Labor Relations Board on Monday affirmed a judge’s ruling that a T-Mobile USA Inc. call center violates employee rights by barring them from talking among each other about their union while at work, with the majority ruling the order should be modified to direct that the rule be rescinded.

  • January 24, 2017

    House Dems Want Bipartisanship, Transparency From New FCC

    EDITING - A pair of Democratic U.S. representatives on Monday asked the new Federal Communications Commission chairman —  Republican Commissioner Ajit Pai —  to commit to keeping Congress in the loop, taking a bipartisan leadership approach and avoiding retaliation efforts against FCC employees based on their previous work.

  • January 24, 2017

    Colts Say Suit Over Convo-Recording App Belongs In Ind.

    The Indianapolis Colts urged a Massachusetts federal judge Monday to transfer to its home state a proposed class action over a mobile application that allegedly records consumers’ conversations, arguing that the suit should be litigated where the team and its fans, including the man leading the action, are located.

  • January 24, 2017

    Sprint Wants $14M Settlement Transfer Held Until Terms Met

    Sprint Corporation on Monday asked a Manhattan federal judge to delay the transfer of $14 million remaining from a settlement over allegations of deceptive billing practices until the company can be assured its own efforts to recover $3 million under the agreement won’t be imperiled.

  • January 24, 2017

    9 Months For Hacker Who Stole 'Celebgate' Nudes

    A Chicago-based hacker who admitted to using a phishing scam to breach the email and photo storage accounts of several hundred people — including celebrities like Jennifer Lawrence and Kirsten Dunst — to get nude photos that were later made public was sentenced to nine months in prison Tuesday.

  • January 23, 2017

    Horizon, TWC Disputes Sketch Post-Spokeo Lines For Privacy

    The Third and Seventh circuits on Friday offered their conflicting takes on whether a claimed statutory privacy violation is enough to establish standing under the U.S. Supreme Court's Spokeo ruling, highlighting a potentially more welcoming atmosphere in the Third Circuit and placing a significant emphasis on exactly how a plaintiff's privacy rights were allegedly violated.

  • January 23, 2017

    Google Seeks Review Of IP Ruling, Says Fed. Circ. Defied AIA

    Google Inc. asked the Federal Circuit to take a second look at its decision that the Patent Trial and Appeal Board shouldn’t have instituted an America Invents Act covered business method review of a wireless location patent, saying Monday it wasn’t the court’s place to make that call.

  • January 23, 2017

    Sen. Thune Pushes Net Neutrality ‘Legislative Solution’

    Sen. John Thune, R-S.D., the chairman of the Senate Commerce Committee, said Monday that he wants to find a bipartisan “legislative solution” to protecting the open internet, following repeated Republican criticism of the FCC’s order on net neutrality. 

  • January 23, 2017

    FCC Told To Help Tribal Lands In CenturyLink-Level 3 Deal

    The Federal Communications Commission should address a lack of affordable broadband access on tribal lands as part of considering CenturyLink Inc. and Level 3 Communications Inc.'s $34 billion tie-up, which would likely result in less investment, the National Congress of American Indians said Monday.

  • January 23, 2017

    Apple Can't Keep $400M Award, Samsung Tells Fed. Circ.

    Samsung Electronics Co. told the Federal Circuit that Apple was flat wrong in arguing that a recent U.S. Supreme Court finding on design patent awards didn’t disturb its claim on a $400 million award, saying Monday that it took “chutzpah” for the iPhone maker to try to stop Samsung’s new trial.

  • January 23, 2017

    Consumer Rights, Open Internet Under Threat, Group Says

    Advocacy group Public Knowledge pledged in an open letter Friday to fight anew for affordable communications and freedom of expression as President Donald Trump was sworn in and a GOP commissioner opposed to the 2015 Open Internet Order was selected as chairman.

Expert Analysis

  • An Inconvenient Forum: Circuit Split Remains

    Igor Timofeyev

    The U.S. Supreme Court’s decision to decline consideration of the question in Belize’s recent petitions leaves in place divergent applications of the forum non conveniens doctrine by U.S. federal courts in foreign arbitral award enforcement actions. For now, parties seeking to enforce foreign arbitral awards in the United States still have an important strategic decision to make, say attorneys with Paul Hastings LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • The New IP Antitrust Licensing Guidelines' Silence On SEPs

    Kelly Smith Fayne

    The new intellectual property licensing guidelines from the Federal Trade Commission and the U.S. Department of Justice — the first update in more than 20 years — largely adopted the revisions proposed last August. Despite requests during the comment period, the agencies did not make any changes to address standard-essential patents directly, say Kelly Smith Fayne and Joshua Holian of Latham & Watkins LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Death Knell For The Telephone Consumer Protection Act

    Lewis S. Wiener

    The Telephone Consumer Protection Act is generally considered a popular, pro-consumer statute, but the law may be dramatically altered following power shifts in Congress and the Federal Communications Commission. It is increasingly likely that the TCPA will transform to address existing criticism and to reflect changes in technology since the law's passage in 1991, say attorneys from Sutherland Asbill & Brennan LLP.

  • Telemedicine: The Link To New Value-Based Payment Models

    Sabrina R. Gallo

    In the health care industry, both governmental and private payers are trying to move away from traditional fee-for-service payment models in favor of models based on quality or value. Telemedicine is one of the simplest and most cost-efficient methods by which to meet the objectives of the evolving payment model landscape, says Sabrina R. Gallo of Greenberg Traurig LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.