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March 01, 2024
Taxation With Representation: Pillsbury, Cleary Gottlieb
In this week's Taxation with Representation, First Advantage Corp. acquires Sterling Check Corp., International Game Technology spins off two subsidiaries, Disney merges its media operations in India with Reliance Industries, and Atlas Energy Solutions purchases Hi-Crush.
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March 01, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a legal battle between confectionary heavyweight Mars Wrigley UK and a frozen food manufacturer, a trademark infringement claim by Abbott Diabetes Care over glucose monitoring meters, Mercedes-Benz Group hit with two commercial fraud disputes, and the Mediterranean Shipping Company tackle a cargo claim by an insurance company. Here, Law360 looks at these and other new claims in the U.K.
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February 29, 2024
GSA's Chinese Cameras Better Off In Russia, House Rep. Quips
Members of the U.S. House of Representatives criticized the federal government's 2022 purchase of 150 Chinese cameras over national security concerns during a Thursday hearing, with one lawmaker calling to get rid of them and send them to Russia instead.
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February 29, 2024
US Eyes Rules To Secure Chinese-Made Connected Cars
The U.S. Department of Commerce said Thursday that it's considering crafting regulations to address potential data privacy and security risks posed by connected vehicles that are imported from China and other foreign adversaries.
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February 29, 2024
Chancery Preserves Class Suit Over Microsoft-Activision Deal
An Activision Blizzard shareholder that sued in Delaware's Court of Chancery over the company's $68.7 billion sale to Microsoft Corp. got the nod Thursday to move forward with the proposed class action that alleges the merger process may have violated Delaware law.
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February 29, 2024
FCC Chair Takes On Connected-Car Risk In Domestic Abuse
The Federal Communications Commission's chief wants to study how the agency can protect domestic abuse victims from harassment through the use of connected vehicle technology.
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February 29, 2024
Millions May Lose Internet Access Without Subsidy, FCC Says
Millions of users will struggle to pay for internet access without the Affordable Connectivity Program's subsidy, the Federal Communications Commission said Thursday, pushing back against Republican claims that ACP customers will be fine if the program's funding lapses.
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February 29, 2024
Epic, Google Are At App Store Antitrust Remedies 'Impasse'
Epic Games Inc. and Google LLC told a California federal judge on Wednesday that they are at an impasse over the potential changes Google will have to make following the Fortnite game developer's jury trial win on antitrust claims related to Google Play Store and Android apps.
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February 29, 2024
FCC To Work With UK Enforcers In Anti-Robocall Effort
The Federal Communications Commission will step up efforts with the U.K.'s data privacy enforcer to prevent robocall and robotext scams, the U.S. agency said Thursday.
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February 29, 2024
Canada's Competition Watchdog Deepens Google Ad Probe
Canada's competition enforcer said Thursday the agency has expanded an investigation into whether Google is abusing its dominance over technology used to place ads on third-party websites and apps, adding to mounting global pressure on the tech giant's ad business.
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February 29, 2024
NJ Towns Can't Sue Netflix, Hulu For Fees, 3rd Circ. Says
Two New Jersey municipalities cannot sue Netflix and Hulu for franchise fees under the state's Cable Television Act, the Third Circuit held Thursday in a precedential opinion, saying the state statute reserves enforcement of the law to the state Board of Public Utilities.
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February 29, 2024
Contractors Join Chorus Against Digital Discrimination Rule
A group of wireless contractor trade groups are joining the slew of industry interests challenging the Federal Communications Commission's new digital discrimination order in the Eighth Circuit.
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February 29, 2024
Dish Satellite Retailer Misclassified Technicians, Suit Claims
A satellite technician has slapped his employer with a proposed collective action in Georgia federal court claiming Prime Rangers Inc., an authorized Dish satellite television retailer, misclassified him and his colleagues as independent contractors and failed to pay them overtime wages.
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February 28, 2024
Sioux Phone Authority Keeps Calling For FCC Telecom Status
The Cheyenne River Sioux Tribe Telephone Authority has once again asked the Federal Communications Commission to recognize it as an "eligible telecommunications carrier," saying several tribal groups, as well as the South Dakota Public Utilities Commission, support its bid for agency recognition.
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February 28, 2024
Google Search Judge Lets Rival's Keyboard Suit Proceed
The same D.C. federal judge presiding over the government's search monopolization suit against Google sent up a tantalizing smoke signal for that case Tuesday in refusing to toss an Android keyboard app developer's separate antitrust lawsuit against the technology giant, rejecting key defense arguments meant to cast doubt on Google's alleged dominance.
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February 28, 2024
Rochester Loses Telecom Fee Bench Trial Over Hearsay
Verizon Communications and Crown Castle Fiber have won their fight with Rochester, New York, over how much the city can charge telecoms to do business after the New York federal judge overseeing the case declared the city's cost spreadsheet to be hearsay.
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February 28, 2024
9th Circ. Revives Suit Over Google's Cell Data Use In Androids
The Ninth Circuit on Wednesday partially revived a putative class action by Android users accusing Google of illegally using their cellular data allotments to transmit information back to itself, finding they plausibly allege Google's "unauthorized transfer" could block customers from using data they purchased from their carriers.
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February 28, 2024
FCC 'Amnesty' Sought For Rural Broadband Grant Defaults
Broadband experts got together Wednesday to urge the Federal Communications Commission to offer "amnesty" for defaulting on FCC-funded rural network development projects, so that unserved areas can still receive similar grants being distributed by the U.S. Department of Commerce.
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February 28, 2024
Carriers Seek More Time For SIM Card Anti-Fraud Measures
A telecom carriers' group agreed with wireless companies who say the Federal Communications Commission needs to set aside more time for providers to comply with new rules to fight SIM card swapping fraud.
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February 28, 2024
Google Attys' 'Fake Privilege' Comments Cited In Search Suit
The U.S. Justice Department and states accusing Google of monopolizing the online-search market have asked a D.C. federal judge to consider internal chats disclosed in Epic Games' antitrust lawsuit that revealed Google's lawyers discussing "fake privilege" — a practice of unnecessarily involving a lawyer to make an exchange confidential.
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February 28, 2024
Crown Castle Founder Alleges Entrenchment Bid In Del. Suit
The co-founder of cell tower operator Crown Castle Inc. sued the Texas company Wednesday in Delaware's Court of Chancery, seeking to invalidate a cooperation agreement between its board and activist investor Elliott Investment Management LP.
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February 28, 2024
6 Firms Guiding Disney And Reliance On $8.5B Indian Media JV
The Walt Disney Co. and Reliance Industries Ltd. said Wednesday they have agreed to merge their media operations in India, combining Disney's Star India with Reliance's Viacom18 to create a leading TV and digital streaming enterprise in the country, valued at roughly $8.5 billion.
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February 28, 2024
Biden Moves To Halt Flow Of American Data To China, Others
The White House moved Wednesday to block data brokers and other companies from providing China, Russia and other foreign adversaries with troves of sensitive personal data about Americans that can be used to carry out nefarious activities such as surveillance and blackmail.
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February 27, 2024
Ohio, Google Trade Barbs Over 'Common Carrier' Designation
Google and the state of Ohio have taken aim at each other's dueling motions for summary judgment in a case seeking to have the tech titan's search engine declared a common carrier under state law for the purposes of antitrust regulation.
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February 27, 2024
Hot Spot Co., Investors Ask Court To Reconsider $2.4M Deal
Wireless equipment maker Franklin Wireless Corp. and its investors have again asked a California federal judge to approve their $2.4 million deal to end a lawsuit accusing the company of concealing defects in lithium-ion batteries, saying their revised deal would pay investors $350,000 more than the version the judge rejected last month.
Expert Analysis
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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What Revised FTC Guides Mean For Influencer Campaigns
The Federal Trade Commission’s recent updates to its endorsement guides will affect influencer campaigns in several key ways, including how and when influencers should make disclosures, and how companies should manage campaigns, says Gonzalo Mon at Kelley Drye.
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4 Legal Issues Grant-Funded Broadband Projects May Face
The Biden administration's recently announced funding allocations represent the largest ever government investment in broadband internet infrastructure, but these new development opportunities will require navigation of complicated and sometimes arcane legal environments, says Casey Lide at Keller & Heckman.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Top 5 Privacy Cases To Watch, From Chatbots To Geolocation
Litigation related to privacy law violations has been on the rise recently, and while some judges have pushed back on the novel theories set forth by plaintiffs, new privacy cases are launched almost every day, including notable ones on topics ranging from chatbots to geolocation, say Sushila Chanana and Rodolfo Rivera Aquino at Farella Braun.
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Flawed Analysis Supports Common Law Tax Deficiency Ruling
The Colorado federal district court’s recent decision in Liberty Global, holding that the U.S. Department of Justice may assert a common law tax claim without the notice of tax deficiency required by the Internal Revenue Code, relies on a contorted reading of the statute and irrelevant case law, say Loren Opper and Christie Galinski at Miller Canfield.
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Opinion
Congress Should Curb FTC Pattern Of Consent Order Abuse
In upcoming hearings, Congress should recognize that the Federal Trade Commission’s intrusive investigation of Twitter is part of a growing pattern of consent order abuse, which will continue to harm consumers, companies and the agency itself unless lawmakers step in, says former FTC chief technologist Neil Chilson, now at the Center for Growth and Opportunity.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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Local Gov'ts Must Be Vigilant Ahead Of New TCPA Rules
Before updated Telephone Consumer Protection Act rules take effect later this month, local governments hoping to avoid costly liability landmines should ensure their calling policies and equipment are flexible enough to comply with any proposed modifications before employing the use of automated messages, say Gerard Lederer and Gregory Caffas at BB&K.
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2 Years Later: TransUnion's Impact On Data Breach Litigation
In the two years since the U.S. Supreme Court’s landmark TransUnion decision, plaintiffs have sought to bypass the effects of the ruling — which poses a significant impediment to large data breach class actions and uncertainty for cyber insurers — through various clever pleading forms, say Jason Fagelman and Sarah Cornelia at Norton Rose, and Amanda Thai at Beazley.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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A Look At Section 230 After High Court's Refusal To Clarify
In light of the U.S. Supreme Court's declining to address Section 230 in a group of actions against major social media platforms, website operators and their counsel should err on the side of caution when engaging with or verifying users' content, say Neusha Etemad and Anne Marie Ellis at Buchalter.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.