• March 27, 2017

    RadioShack Unsecured Creditors Balk At Lender Cash Terms

    The newly minted unsecured creditors committee in the bankruptcy case for RadioShack's parent took issue Monday with several elements of the case, such as terms for the use of lender cash and a lack of clarity on the process for liquidating stores, as well as how many are set to close.

  • March 27, 2017

    Lifeline Revocations Lacked Evidence Of Abuse, FCC Told

    Public Knowledge and the Benton Foundation have rebuked the Federal Communications Commission's move to strip nine companies of federal eligibility to provide Lifeline broadband service for low-income consumers, saying the FCC has shown no evidence that the designations would lead to waste, fraud and abuse.

  • March 27, 2017

    FCC Sets Out Final Connectivity Improvement Plan

    Federal Communications Commissioner Mignon Clyburn on Monday released the final draft of a plan to improve connectivity for disadvantaged Americans, after having received feedback from more than two dozen organizations.

  • March 27, 2017

    Jail Phone Co. Gets Nod For $8.8M Deal Over 1.8M Robocalls

    A California federal judge on Monday granted preliminary approval to Global Tel Link Corp.'s deal paying $8.8 million to end allegations that the company, which operates pay phones in prisons and jails, violated the Telephone Consumer Protection Act by sending automated messages to 1.8 million people.

  • March 27, 2017

    Cox Lobbies FCC Against Special Access Regs For Cable

    The Federal Communications Commission has “no reasonable basis” to slap Cox Communications Inc. and other cable providers in the business data services market with regulation, the company has told the agency, also pushing only for narrowly targeted price regulations for legacy services, according to a filing posted publicly Monday.

  • March 27, 2017

    Ex-Prosecutor In Plea Talks Over Alleged Illegal Wiretap

    Former Brooklyn prosecutor Tara Lenich pled not guilty Monday to federal illegal wiretapping charges but was in plea negotiations that could soon resolve allegations that she tapped two mobile phones — including one that reportedly belonging to a police detective she was interested in romantically.

  • March 27, 2017

    Belizean Court Sinks Belize Bank’s $37M Arbitration Appeal

    A Belizean appeals court on Friday rejected Belize Bank Ltd.’s bid to collect a $37 million arbitration award against the country stemming from unpaid government debt, agreeing with a trial judge that granting the request would harm public policy given the unusual circumstances under which the guarantees were made.

  • March 27, 2017

    High Court Won't Hear 5th Circ. Verizon ERISA Appeal

    The U.S. Supreme Court on Monday declined to review a breach of fiduciary duty suit brought against Verizon by a class of its retirement plan beneficiaries, preserving the Fifth Circuit’s finding that the former employees couldn’t have standing unless they’d incurred an injury.

  • March 27, 2017

    Supreme Court Won't Tackle Pre-1972 Song DMCA Battle

    The U.S. Supreme Court on Monday refused to hear a case from Capitol Records challenging a ruling last year that the Digital Millennium Copyright Act's so-called safe harbor protects sites like Vimeo from liability even for songs recorded prior to 1972, which aren't covered by federal copyright law.

  • March 24, 2017

    6th Circ. Revives Tenn. 911 Billing Suit Against AT&T

    The Sixth Circuit on Friday reversed a district court ruling that 10 Tennessee emergency communications districts couldn't sue an AT&T subsidiary regarding billing disputes under the state’s 911 law, saying the suit was wrongly dismissed for lack of standing.

  • March 24, 2017

    Taxation With Representation: Latham, Kirkland, Simpson

    In this week’s Taxation With Representation, Capitol Acquisition combined with Cision to go public in a $2.4 billion deal, a private equity firm acquired Checkers Drive-In Restaurants for $525 million, and a Connecticut-based data analytics service provider bought a risk management software firm for $205 million.

  • March 24, 2017

    FCC Faces Quandary If Obama-Era Privacy Rules Get Boot

    If the House follows the U.S. Senate’s lead in voting to undo late Obama-era Federal Communications Commission privacy rules for internet service providers, experts say the FCC may face an untested legal question of whether it can adopt an alternative preferred by the agency's new GOP chairman.

  • March 24, 2017

    Texas Jury Hits Motorola For $9M In HD Voice Patent Trial

    A Texas federal jury on Friday hit Motorola Mobility LLC with a $9 million verdict, finding willful infringement of five patents related to voice quality on phone calls and rejecting Motorola’s claims the patents are invalid.

  • March 24, 2017

    FCC’s VoIP Phone Number Order Survives DC Circ. Challenge

    An association of state utility commissioners failed to show it was injured by a Federal Communications Commission order allowing certain voice over internet protocol providers like Vonage to get direct access to phone numbers, the D.C. Circuit ruled Friday, dismissing the association’s challenge.

  • March 24, 2017

    IRS Not At Fault For Ex-Sprint Execs' Forced Exit: Judge

    A Manhattan federal judge Thursday axed a $160 million suit alleging the Internal Revenue Service helped Ernst & Young conceal evidence of an investigation into tax shelters that cost two former Sprint executives their jobs, finding the claims are not covered under the Federal Tort Claims Act.

  • March 24, 2017

    FCC Warned 5G Preemption Could Cost Localities 'Billions'

    The National League of Cities, the United States Conference of Mayors and other organizations asked the Federal Communications Commission on Thursday to allow more time for comments on a request that it overrule local barriers to deploying fifth-generation wireless infrastructure, saying that the issue is complex and could cost local governments billions of dollars annually.

  • March 24, 2017

    HK Investor Agrees To Freeze In DreamWorks Trading Case

    A New York federal judge on Thursday extended an injunction freezing the assets of a Hong Kong private equity investor accused by the U.S. Securities and Exchange Commission of making $29 million by trading on insider information about Comcast's purchase of DreamWorks Animation.

  • March 23, 2017

    FCC Says 12,600 Consumers Affected By AT&T 911 Outage

    A Federal Communications Commission official reported to commissioners Thursday that a 911 outage March 8 for AT&T wireless subscribers affected about 12,600 callers, as the agency investigates and seeks public comment on the event and a separate March 11 outage that had a smaller impact on 911 calls.

  • March 23, 2017

    Senate Votes To Undo FCC's Broadband Privacy Rules

    The U.S. Senate on Thursday passed a resolution to repeal broadband privacy rules issued by the Federal Communications Commission last year, leaving the fate of the hotly contested measure in the hands of the U.S. House of Representatives.

  • March 23, 2017

    FCC Advances Plan Targeting Illegal Robocalls

    The Federal Communications Commission on Thursday agreed to float a proposal at an active meeting, which would allow certain carrier call-blocking to limit unlawful robocalls, with the FCC chief touting it after the meeting as part of his “fast start” as chairman.

Expert Analysis

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • In Congress: Light Floor Schedule, Heavy On Committees

    Richard Hertling

    Republican leadership in the House and Senate will need to refocus their efforts this week, after a failed attempt to repeal and replace the Affordable Care Act. The lead-up to the canceled vote last week highlighted the divisions within the Republican conference, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Applying 'Footprint' Methodology To Prism V. Sprint

    Aaron R. Fahrenkrog

    The Federal Circuit's decision in Prism v. Sprint this month illustrates an example of the "footprint" approach to patent damages, interesting because of its focus on costs — and not revenues — as a reasonable royalty measure, say attorneys with Robins Kaplan LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • How EU Data Privacy Reform Will Impact US Telecom Cos.

    Linda V. Priebe

    It's no secret that a new European Union and European Economic Area data protection regulation will go into effect next year. What is not clearly understood is that U.S. communications companies without any EU/EEA customers of their own, may find themselves subject to the new general data protection regulation simply because their U.S. customers have customers in the EU/EEA, says Linda Priebe of Culhane Meadows PLLC.

  • Gorsuch's Originalism In The Age Of Bytes And Blockchains

    April Doss

    With U.S. Supreme Court confirmation hearings for Neil Gorsuch kicking off this week, it’s worth considering how his originalist philosophy might affect cases addressing individual privacy, government surveillance and private sector use of rapidly changing technologies. When people need practical solutions to legal questions at the intersection of modern technology, privacy and the law, originalism frequently fails, says April Doss... (continued)

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.