• May 23, 2017

    Colbert Won't Face Action Over Trump Joke, FCC Says

    The Federal Communications Commission won’t take action against comedian Stephen Colbert over a joke he made about President Donald Trump, according to reports Tuesday, closing the book on a nearly monthlong drama over whether the joke was “obscene” enough to warrant action.

  • May 23, 2017

    Apple Asks Justices To Deny Samsung Petition In $120M Win

    Apple Inc. defended a Federal Circuit’s en banc decision to uphold a $120 million award against Samsung Electronics Corp. Ltd. in a long-running dispute over smartphone patent infringement to the U.S. Supreme Court on Monday, saying the decision doesn't stir up any issues on obviousness, infringement or injunctions worthy of high court review.

  • May 23, 2017

    Apple, Nokia Deal Resolves Slew Of Video Patent Suits

    Apple and Nokia set aside their differences and reached a business deal to end sprawling patent litigation that accused the California-based iPhone maker of infringing 40 Nokia patents for video coding, compression and other technologies, the companies said Tuesday.

  • May 23, 2017

    Irish Court Nixes 3rd-Party Funding Of Telecom Suit

    The Irish Supreme Court upheld a lower court decision that two telecom companies accusing the Irish Minister of Public Enterprise of interference in mobile licensing could not power their suit using a third-party litigation funding firm, ruling that such an arrangement was illegal under Irish law.

  • May 23, 2017

    4th Circ. Lets Wikipedia Move Forward With NSA Spying Fight

    The Fourth Circuit on Tuesday resurrected a constitutional challenge mounted by Wikipedia's parent company against the NSA’s controversial “upstream” collection of internet communications, but found other groups couldn’t move forward because they relied on a broader surveillance effort that couldn’t be plausibly proven.

  • May 23, 2017

    Digital Rights Group Accuses Comcast Of Censorship

    A digital rights advocacy group announced Tuesday that it had received a cease-and-desist letter from Comcast representatives threatening to bring trademark infringement claims against its website,, which is organizing investigations into allegedly fake anti-net neutrality comments submitted to the Federal Communications Commission.

  • May 23, 2017

    Steptoe & Johnson Nabs Ex-Katten Muchin TCPA Pro

    Steptoe & Johnson LLP has added a former Katten Muchin Rosenman LLP partner — and former police detective — in Chicago whose experience includes defending for-profit colleges against Telephone Consumer Protection Act claims.

  • May 23, 2017

    Netflix, Starz Say Data Patent Suits Nixed By Alice

    Streaming sites including Netflix Inc. and Starz Entertainment LLC asked a Delaware federal court on Monday to toss data storage patent-infringement claims lodged by an IP litigation company founded by former WilmerHale and Kirkland & Ellis LLP partners, saying the company’s patent is invalid under the Alice standard.

  • May 22, 2017

    Dish Network Hit With $61M Treble Damages After TCPA Trial

    A North Carolina federal judge on Monday said Dish Network LLC “repeatedly looked the other way” when one of its marketers was making illegal telemarketing calls, trebling the $20.5 million damages awarded by a jury in the Telephone Consumer Protection Act class action trial.

  • May 22, 2017

    Wash. Court Backs T-Mobile, Says Seattle Can’t Tax Roaming

    A Washington state appeals court on Monday upheld earlier rulings in favor of T-Mobile West Corp. that Seattle may not charge licensing taxes on company revenue derived from international roaming charges.

  • May 22, 2017

    Pa. Township Sued For Denying Verizon Tower Zoning

    A Verizon Wireless contractor on Monday accused a town zoning board of wrongfully denying its application to build a cell tower in North Buffalo, Pennsylvania, arguing in federal court that it would effectively deprive locals of wireless service in violation of the Communications Act.

  • May 22, 2017

    PE-Backed RCN Readies $2.37B Wave Broadband Buy

    RCN Telecom Services LLC will pick up Wave Broadband in a $2.365 billion transaction, opening the door for the two private equity-backed companies to form the sixth-largest cable operator in the U.S., according to a Monday statement.

  • May 22, 2017

    Whistleblower Accuses Dish Network Of Retaliation

    A former Dish Network LLC employee who accused the company of blacklisting him in retaliation for his alleging widespread bribery in its international marketing department asked a New York federal judge for a partial win on Friday, saying his role in pointing out wrongdoing is protected by federal law.

  • May 22, 2017

    Bankrupt Avaya Attacked Over Survivor Benefits

    The widow of a former Avaya Inc. worker told a New York bankruptcy court on Sunday that she and other recipients of survivorship benefits cannot be shoved aside in the tech company's bankruptcy, citing appellate precedent in which an Avaya ancestor agreed with her characterization of the benefit.

  • May 22, 2017

    T-Mobile Customers Denied Jones Day's Experian Breach Info

    Experian doesn’t have to hand over to T-Mobile customers investigation documents tied to a 2015 data breach, a California federal judge said in an order entered Friday, because the report was ordered and prepared for Jones Day as the firm geared up for litigation.

  • May 22, 2017

    MasTec Urges High Court To Review DirecTV Firing Dispute

    A DirecTV Inc. contractor has urged the U.S. Supreme Court to review a split D.C. Circuit panel decision backing a National Labor Relations Board’s finding that the companies must reinstate Florida technicians fired for complaining about the company’s new pay policy in an interview with a local news station.

  • May 22, 2017

    Rep. Blackburn Files Bill To Return Privacy Rules To FTC

    U.S. Rep. Marsha Blackburn has introduced a bill that would return online privacy regulation to the purview of the Federal Trade Commission and dictate that both internet service providers and online companies must give consumers opt-in or opt-out options for sharing “sensitive user information.”

  • May 19, 2017

    3 Things To Know After FCC's Net Neutrality Vote

    Public comment and showings of congressional support will be key to shaping the net neutrality debate in coming weeks, experts and advocates told Law360. Here, industry leaders offer three things to consider after Thursday's commission vote.

  • May 19, 2017

    Immigration Officials Pushed To Detail Cellphone Tracking

    The American Civil Liberties Union pressed federal immigration authorities Friday for more information about how they're using cellphone tracking technology known as Stingrays to locate targets of deportation actions, following the revelation that officials had used this tactic to find a man facing immigration and fraud charges in Michigan.

  • May 19, 2017

    Judicial Watch Sues FCC Over Title II Documents

    Judicial Watch has filed suit in D.C. federal court in pursuit of documents concerning the Obama administration’s influence in the Federal Communications Commission's decision to reclassify broadband as a public utility, with its president saying the records could reveal the former White House “rigged the power grab for the internet.”

Expert Analysis

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • Opinions Of Counsel Post-Halo: Lessons From 16 Cases

    Brian Mudge

    Following the U.S. Supreme Court's Halo decision 11 months ago, the case results show that investigating the patent and forming a good faith belief of invalidity or noninfringement is a key factor — perhaps the key factor — courts rely on in deciding whether to award enhanced damages, say Brian Mudge and Shawn O’Dowd of Andrews Kurth Kenyon LLP.

  • The Turning Tides Of TCPA Litigation

    Sarah Jacobson

    The Telephone Consumer Protection Act has become a hotbed for litigation in recent years. The question now is whether litigation will be tempered by the recent and anticipated shake-ups in regulations promulgated by the Federal Communications Commission, say Sarah Jacobson and Sherry Xia of Haynes and Boone LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • What We Know So Far About Direct Infringement Post-Form 18

    Eric Kaviar

    Following the abrogation of Form 18 in December 2015, what does it mean to state a claim of direct patent infringement? Eric Kaviar of Burns & Levinson LLP recently reviewed all of the substantive district court opinions grappling with this question. Here's what he found.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • The Case For A Lawyer As Chief Operating Officer

    Nate Bennett

    It is wise to consider looking for a potential chief operating officer in what some might consider an unconventional place — the ranks of the legal profession. A risk-conscious attorney may serve as a good counterweight to a more enterprising CEO, say Dr. Nathan Bennett of Georgia State University and Matt Bedwell of The Miles Group LLC.

  • Cybersecurity Is The Next Frontier Of State Regulation

    David Forscey

    States considering whether to enforce existing cybersecurity rules more aggressively, or else pass standards of their own, should carefully consider the policy rationale and potential pitfalls of existing frameworks and collaborate with private experts to determine what works and what does not, say David Forscey of the National Governors Association, and Steven Cash and Benjamin Nissim of Day Pitney LLP.