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Telecommunications
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March 13, 2024
FCC Waives Rules So Tribes Can Access Midband Spectrum
The Federal Communications Commission is waiving rules for spectrum over tribal lands, allowing six Native American tribes to obtain licenses for unassigned 2.5 gigahertz spectrum over off-reservation lands in an effort to boost their wireless connectivity.
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March 13, 2024
House OKs TikTok Divestment Bill Despite Free Speech Worry
The House voted 352-65 on Wednesday to pass legislation that would require ByteDance Ltd. to divest TikTok or face a ban in the United States, in a vote that transcended party lines.
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March 12, 2024
ISPs, Public Advocates Debate Need For FCC's Equity Rule
Two major broadband providers on Tuesday disputed the need for the federal government's new, far-reaching rule barring discrimination in broadband deployment, even as public and consumer advocates argued that equitable rollout of high-speed internet remains a national priority.
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March 12, 2024
NTIA Releases Rollout Plan For National Spectrum Strategy
The federal government released its long-awaited spectrum strategy on Tuesday, identifying the five telecom bands it plans to study to potentially open up for new, commercial usage.
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March 12, 2024
Hytera Can't Go To Chinese Court In $540M Motorola IP Fight
An Illinois federal judge on Tuesday granted Motorola's request for an order blocking major Chinese radio company Hytera from pursuing a bid in China to keep Motorola from shutting down a Chinese case in which Hytera claimed it doesn't use Motorola's intellectual property.
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March 12, 2024
5 Questions For Former FCC Member Michael O'Rielly
It's been just over three years since Republican Michael O'Rielly left his seat on the Federal Communications Commission, but a lot of ground has shifted in the telecom space since he left for the private sector.
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March 12, 2024
Porn Stars Seek To Drop Meta Suit Due To Lack Of Evidence
Three adult entertainment performers told a California federal court on Monday that they want to drop their lawsuit claiming that Meta conspired with OnlyFans' parent to block ads for the risqué platform's competitors, saying Meta told their counsel that there's no evidence that the women's social media accounts were blacklisted.
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March 12, 2024
Apple To Allow Direct Downloads Of Apps In EU
Apple will start allowing developers to distribute apps directly from their websites in Europe, the latest in a string of changes by the tech giant as it comes into compliance with expansive new regulations under the Digital Markets Act.
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March 12, 2024
Paul Weiss' Digital Tech Chair On AI's Promises And Perils
While generative artificial intelligence promises to increase access to justice and kill the billable hour, we don't know how to prevent it from unleashing misinformation and disinformation on the electorate, says Katherine Forrest, a former Manhattan federal judge who is now chair of Paul Weiss Rifkind Wharton & Garrison LLP's digital technology group.
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March 12, 2024
AT&T Offloaded Pensions In Risky Annuity Deal, Suit Says
AT&T shirked its fiduciary duty and put 96,000 workers' retirement savings in jeopardy by transferring pension obligations to a "risky" annuity provider, according to a proposed class action filed in Massachusetts federal court.
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March 11, 2024
GOP Bill Would Open Up 2,500 MHz Of Midband Airwaves
A bill introduced by Republican senators Monday would open 2,500 megahzertz of midband airwaves to private-sector or shared use, with half of that rolling out in the next two years.
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March 11, 2024
Gov't Says Cost Trumps Return In Dish Spectrum Fraud Case
The U.S. Department of Justice asked a federal judge to dismiss a suit accusing Dish Network of trying to buy discounted spectrum through sham companies, saying the plaintiff hasn't shown that Dish hid its interest in the buyers and the companies never received Federal Communications Commission bidding credits anyway.
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March 11, 2024
Google Search Judge Wary Of NYT Bid To Make Docs Public
The D.C. federal judge weighing the fate of Google's search business pushed back during a Monday hearing on the New York Times' bid for a large scale unsealing of key contracts at the heart of the Justice Department antitrust lawsuit, although he left any final decisions for another day.
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March 11, 2024
States Want Info On Google-Facebook Pact In Ad Tech Case
State-level enforcers accusing Google of monopolizing key digital ad technology are asking a Texas federal court to lift a stay on discovery for documents related to an agreement between Google and Facebook that allegedly tipped the scales of auctions in Facebook's favor to discourage use of other ad exchanges.
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March 11, 2024
Feds Seek Over 5 Years For Ex-CEO Who Lied To Investors
Prosecutors urged a California federal judge Friday to sentence the former CEO of Silicon Valley software startup HeadSpin, who pled guilty to falsifying documents to draw in investors, to more than five years in prison, after his counsel argued that no investor lost money and that he shouldn't get prison time.
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March 11, 2024
Landlords' Group Slams FCC Digital Equity Rule In DC Circ.
A property owners' advocacy group has sued the Federal Communications Commission in the D.C. Circuit, claiming the agency soared well past its legal limits in passing a new broadband equity rule and will put renters' access to internet service at greater risk.
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March 11, 2024
Fed. Circ. Cuts Down Netflix's Appeal Of Broadcom Patent
The Federal Circuit on Monday backed the Patent Trial and Appeal Board in finding that an Avago Technologies distributed computing patent was valid, handing a loss to Netflix.
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March 11, 2024
Senate Could Be Hurdle To House Plan For TikTok Limits
A bill to clamp down on TikTok that was unanimously approved by a House committee is expected to come to the House floor this week, but its fate in the U.S. Senate looks dicier.
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March 11, 2024
FCC Can't Make ISPs Pay Into Universal Fund Yet, Group Says
An affordable broadband advocacy nonprofit has told the Federal Communications Commission it doesn't need to promise broadband carriers that it will not make them pay into the Universal Service Fund if they are reclassified, because there are other steps the agency must take before it could start charging them anyway.
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March 11, 2024
5th Circ. Revives Dish's Bid To Take Down Arabic TV Site
The Fifth Circuit has revived Dish Network's suit against a German resident for sharing Arabic-language programming pirated from Dish after finding the defendant purposefully advertises to viewers in the United States.
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March 11, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery became a hot topic in New Orleans last week as litigators and judges at an annual convention acknowledged the First State's corporate law preeminence is under scrutiny. Back home, the court moved ahead on disputes involving Meta Platforms, Abercrombie & Fitch and Donald Trump.
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March 08, 2024
Trump 'An Existential Threat' To Rule Of Law, Attys Warn
Former President Donald Trump represents an "existential threat" to democracy and the rule of law, legal experts said Friday at a conference on white collar crime in San Francisco.
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March 08, 2024
Senate Confirms New FCC Inspector General
Nearly a year after she was first nominated, Fara Damelin was confirmed as the Federal Communications Commission's next inspector general by the U.S. Senate on Thursday evening, just before the State of the Union address.
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March 08, 2024
Cahill Has 'Great Ambitions' To Take IP Litigation By Storm
Cahill Gordon & Reindel LLP has spent the last year building up a new intellectual property practice, with a veteran of top law firms leading the way and attorneys from White & Case LLP joining the firm earlier this year.
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March 08, 2024
Cable Biz Resists Blackout Refunds, Says It's Not To Blame
The cable industry faces several regulatory challenges at the Federal Communications Commission, but their top priority is rolling back a pending plan to require customer refunds when programs are blacked out.
Expert Analysis
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Calif. Climate Disclosure Bills Promise Challenges For Cos.
Two novel climate disclosure bills recently passed by the California Legislature will pose challenges for many businesses — especially private companies that are less familiar with climate-related reporting obligations — and will require investments of significant time and effort in processes, procedures and personnel, say John Rousakis and Chris Bowman at O'Melveny.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Series
ESG Around The World: European Union
As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.
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Twitter Sanction Highlights Privacy Law's Complexity
The D.C. Circuit's recent decision to uphold a sanction against X Corp., formerly known as Twitter, for failing to produce account records in response to a subpoena highlights the importance of understanding the Stored Communications Act, particularly when deciding to produce or not produce data, says Cary Aronovitz at Holland & Knight.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Fed. Circ. In September: The Scope Of Analogous Prior Art
The Federal Circuit's recent decision in Netflix v. DivX turned on the often-overlooked requirement that any prior art must be analogous art, explaining that the art available to a person of ordinary skill in the art is limited to only the artisan's field of endeavor at the time the invention was made, says Jeremiah Helm at Knobbe Martens.
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Appellate Rulings Highlight Telecom Standard Uncertainties
Two recent contrasting appellate opinions in Cellco v. White Deer Township and NMSurf v. Webber — interpreting Sections 332 and 253 of the Communications Act, respectively — demonstrate the continuing uncertainty carriers face when challenging state and local requirements that may impede their provision of telecommunications services, say attorneys at Davis Wright.
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Bracing For Regulatory Delays As Shutdown Looms
As a government shutdown looms, stakeholders should plan for regulatory delays and note that more regulations could become vulnerable to congressional disapproval under the Congressional Review Act, say Matthew Shapanka and Holly Fechner at Covington.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Tips For Camp Lejeune Attorneys To Mitigate TCPA Suit Risks
To retain and assist Camp Lejeune clients, it is vital to understand best practices to avoid violating the Telephone Consumer Protection Act, which has been at the center of recent lawsuits against attorneys seeking to reach veterans and their families affected by the toxic water exposure at the Marine Corps base, says Libby Vish at SimplyConvert.
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7th Circ. Ruling May Steer ADA Toward Commuter Issues
Employers faced with commuting-accommodation requests from employees who do not require on-site modifications under the Americans with Disabilities Act should consider the Seventh Circuit's recent reopening of a lawsuit alleging unlawful refusal of a night-vision-challenged worker's request to extend a shift change, says Robin Shea at Constangy.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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7 Ways Telco Operators Can Approach Lead Cable Claims
A recent spotlight on the telecommunication industry shows that companies in the field have known for decades that lead-wrapped cables proliferate in their vast networks, which is likely to provoke prolonged and costly legal battles — but seven best practices can efficiently resolve claims and minimize damage, say consultants at AlixPartners.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.