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  • October 3, 2018

    US, China Still Sizing Each Other Up In WTO Tariff Dispute

    The United States and China are still in the preliminary phases of Beijing's World Trade Organization case against the Trump administration's tariffs, according to a WTO document published Wednesday that saw Washington eager to question Beijing's retaliatory duties.

  • October 3, 2018

    'Presidential Alert' Test Proceeds Despite Injunction Bid

    A Manhattan federal judge on Wednesday rejected a request by a trio of self-represented plaintiffs to halt a test of a "presidential alert" system planned for the same afternoon, saying their suit raised interesting questions but didn't meet the standards for an injunction.

  • October 2, 2018

    FEMA Alert Challenged For Use Of Presidential Header

    Federal agencies will send out the first Wireless Emergency Alert aimed at all mobile-phone users in the country on Wednesday and follow it minutes later with the fourth nationwide Emergency Alert System test, although a legal challenge has been filed regarding the messages' “presidential" header.

  • October 2, 2018

    Telco Not Shown Insolvent At Time Of Transfer, 11th Circ. Says

    The Eleventh Circuit on Tuesday dismissed claims a telecommunications company's sale of its rights over a patent portfolio before it went bankrupt was a fraudulent transfer, saying the liquidation trustee failed to prove the company was insolvent at the time of the sale.

  • October 2, 2018

    Gov't Can Access Phone Data In Minor Crimes, EU Court Says

    Europe's top court said Tuesday that law enforcement can access someone's personal data held by a telecommunications service provider even when investigating a minor crime, so long as the data collection does not seriously intrude on that person's privacy.

  • October 2, 2018

    States Urge Justices To Flip Illinois Brick In Apple Case

    Several states urged the U.S. Supreme Court on Monday to overturn its landmark Illinois Brick ruling, which limits who can pursue damages under federal antitrust law, providing support to app buyers accusing Apple of illegally monopolizing the iPhone app market.

  • October 2, 2018

    Wiley Rein Adds Top DOJ Nat'l Security Atty In DC

    Wiley Rein LLP said Monday that it has nabbed a leading U.S. Department of Justice attorney for its natural security practice, bolstering the firm’s Washington, D.C., offerings with his focus on handling CFIUS-related issues, as well as enforcement matters in areas like telecommunications, cybersecurity and privacy, and government contracts.

  • October 2, 2018

    In-House Review Is Root Of Sinclair-Tribune Woes: O’Rielly

    Commissioner Michael O’Rielly on Tuesday dished heavy criticism upon the Federal Communications Commission’s in-house review process for mergers, which he said is plagued by loopholes that allow proceedings like Sinclair-Tribune to languish and too often cause merging parties to abandon their deals.

  • October 2, 2018

    PTAB Won't Review LG's Challenges To Wi-LAN 4G Patent

    The Patent Trial and Appeal Board on Monday shot down LG Electronics Inc.'s request to review a patent for 4G wireless technology that lies at the heart of a federal infringement suit, saying the electronics maker failed to show the claims at issue were likely invalid.

  • October 2, 2018

    US Accuses Indian Co. Of Tech Scam Targeting Seniors

    The U.S. Department of Justice filed suit Monday in Florida federal court against the American arm of a purported information technology firm based in India, claiming it has targeted seniors with a scam to sell phony technical help for electronic devices to fix viruses that don’t exist.

  • October 2, 2018

    Spam Text Suit Defendants Want Nationwide Claims Axed

    The Mid-Atlantic Sports Network, Hyundai Motor America Inc. and Mercedes-Benz USA LLC jointly asked a Florida federal judge Monday to strike the nationwide class claims from a suit accusing the companies of violating the Telephone Consumer Protection Act by sending unsolicited advertising and telemarketing text messages using an autodialer.

  • October 2, 2018

    New 3.5 GHz Plan Built On Renewable, County-Sized Licenses

    The Federal Communications Commission’s much-anticipated amended framework for the 3.5 GHz band is based on 10-year, county-sized licenses that are assumed renewable instead of smaller and shorter-duration census-tract licenses, according to Commissioner Michael O’Rielly’s office.

  • October 2, 2018

    Mich. Cable Installers Are Employees Under FLSA, Judge Says

    A group of LeCom Communications Inc. cable television installers qualifies as employees under the Fair Labor Standards Act and can seek damages from the company for allegedly stiffing them on overtime by misclassifying them as independent contractors, a Michigan federal judge has ruled. 

  • October 1, 2018

    IPhone Update MDL Trimmed By Calif. Federal Judge

    A California federal judge on Monday trimmed multidistrict litigation claiming Apple Inc. deliberately slowed iPhone performance, dismissing overseas false advertising claims and arguments the computer giant was liable for breaking federal hacking laws.

  • October 1, 2018

    EFF Pushes Back Against NSA Bid To End Spying Challenge

    The Electronic Frontier Foundation has laid out additional evidence to support its long-running California federal lawsuit claiming that the National Security Agency unlawfully spied on hundreds of millions of unsuspecting Americans through mass surveillance programs, it said Monday.

  • October 1, 2018

    Apple's Stand On FRAND Claims Disingenuous: Qualcomm

    Qualcomm has urged a California federal judge to reject Apple’s efforts to pare back counterclaims in a sprawling contract and competition dispute over the chipmaker's patent licensing tactics, blasting Apple for bringing accusations of shirked patent-licensing obligations only to claim Qualcomm cannot pursue the reverse.

  • October 1, 2018

    FCC's October Agenda To Include 3.5 GHz Band Rules

    The Federal Communications Commission will unveil a much-anticipated amended framework for the 3.5 GHz band, also nicknamed the “innovation band,” and will vote on the item at its Oct. 23 meeting, Chairman Ajit Pai said in a blog post released Monday.

  • October 1, 2018

    Gov't To Argue At High Court In Apple App Store Case

    The U.S. Supreme Court on Monday approved the federal government's request to appear during oral arguments supporting Apple as the technology giant tries to toss a proposed class action claiming it illegally monopolized the iPhone app market, driving up consumer prices.

  • October 1, 2018

    Calif. Net Neutrality Law Unlikely To Withstand DOJ Suit

    The U.S. Department of Justice's challenge to California's freshly minted net neutrality law appears to rest on strong legal grounds, industry experts say, including arguments that a state can't regulate the internet since it inherently crosses state lines. Here's a look at three legal arguments in the DOJ's favor.

  • October 1, 2018

    Sprint's $140M IP Win Based On Bad Methods, Fed. Circ. Told

    Time Warner Cable on Monday urged a Federal Circuit panel to toss a Kansas federal jury decision to award Sprint Communications $140 million after finding the cable giant's internet voice service infringed patents held by Sprint, saying the jury improperly relied on a debunked method for calculating damages in the case.

Expert Analysis

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Protecting Client Reputations In An Online World

    Jim Wagstaffe

    There’s no doubt we live in a world in which the internet has the potential to amplify defamatory communications. As a result, lawyers are increasingly playing a counseling and litigation role in protecting clients from the posting of negative information and reviews, says Jim Wagstaffe of The Wagstaffe Group.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Revisiting The Fax Provision: Technology’s Impact On TCPA

    Douglas Brown

    Applying the Telephone Consumer Protection Act fax provisions to e-faxes and similar communications is like applying equestrian regulations to modern automobiles. However, change in Federal Communications Commission leadership and two recent opinions by the D.C. Circuit suggest that a fundamental change in TCPA fax litigation is occurring, says Douglas Brown of Rumberger Kirk & Caldwell.

  • Carpenter And The High Court's Shift On 4th Amendment

    Sarah Hall

    The U.S. Supreme Court's decision last month in Carpenter is a clear departure from other Fourth Amendment precedent involving information possessed by third parties and individuals’ activities that occur in public. It questions the very premises on which those precedents were based in light of modern technologies, say Sarah Hall and Brian Lanciault of Thompson Hine LLP.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • New Privacy Laws' Unintended Impact On Bankruptcy Sales

    Walt Sapronov

    When the next downturn occurs, bankruptcies and opportunities for investors to pick up distressed assets on the cheap will follow. Where those assets include customer lists or other personal information protected by new privacy laws in the EU and California, those sales will become more difficult, say Walt Sapronov and Paul Kouroupas of Sapronov & Associates PC.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.