Telecommunications

  • June 17, 2021

    Top EU Court Rules ISPs Can Be Forced To Share User Info

    An alleged "copyright troll" can get Belgium internet service provider Telenet BVBA to produce identifying information on customers accused of sharing its pornographic videos through the BitTorrent file-sharing network, Europe's highest court ruled Thursday.

  • June 17, 2021

    Covington Nabs Sidley Austin IP Litigator To Boost DC Office

    Covington & Burling LLP has bolstered its patent litigation practice in Washington, D.C., adding a Sidley Austin LLP partner with more than 25 years of experience litigating intellectual property disputes on behalf of leading technology companies before the U.S. International Trade Commission and district court.

  • June 17, 2021

    Netflix Tells 7th Circ. That Ill. Fee Suit Supports Fed. Ruling

    Netflix, Hulu and other streaming services told the Seventh Circuit on Thursday that a new federal lawsuit in Illinois supported their request to keep an Indiana suit over streaming fees in federal court to resolve similar issues in both cases.

  • June 17, 2021

    Senate Confirms Citigroup Exec As DHS Deputy Secretary

    The Senate on Thursday easily confirmed John K. Tien, a Citigroup Inc. managing director with decades of military and national security experience, as deputy secretary of the U.S. Department of Homeland Security.

  • June 17, 2021

    Ex-Astros Owner Must Face Suit Over Ill-Fated Network Deal

    Billionaire former Houston Astros owner Drayton McLane Jr. and Comcast Corp. can't use a Texas free speech law to duck claims that they lied to get a better price for the team and its stake in a now-bankrupt regional sports network, a state appellate court held Thursday.

  • June 17, 2021

    Groups Fear Media Competition Bill Will Expand Copyright

    While Congress eyes a bill that would give journalism outlets limited antitrust immunity to team up to bargain with big tech platforms like Google, consumer advocacy groups are raising the alarm about language that might implicitly extend copyright protection to links and headlines.

  • June 17, 2021

    FCC Advances Plan To Stop Most Chinese Equipment Sales

    The Federal Communications Commission voted Thursday on a plan that could further restrict the flow of Chinese-made technologies into the U.S., kicking off a rulemaking to examine how the agency can hone its device approval rules "to help keep insecure devices off the market."

  • June 17, 2021

    FCC Calls Rate Cap On Toll-Free Call-Switching 'Reasonable'

    The Federal Communications Commission has urged the D.C. Circuit to uphold a disputed rate cap on toll-free call switching, which the FCC says is critical to reforming intercarrier fees and is opposed by a company that blasted it as a "Bridge to Nowhere."

  • June 17, 2021

    3rd Circ. Won't Rehear Suit Over 15-Year-Old BofA Robocall

    The Third Circuit won't give another chance to a plaintiff accusing Bank of America of violating the Telephone Consumer Protection Act with a single 2005 robocall, denying on Thursday a rehearing of the bank's earlier win.

  • June 17, 2021

    Trade Judges Press Government On Harm Of China Tariffs

    U.S. Court of International Trade judges posed sharp questions to the government on Thursday about the potential harm posed to importers if they cannot get refunds of tariffs paid on Chinese goods should their lawsuit against the levies succeed.

  • June 16, 2021

    Broadband Projects Must 'Stack' Income Streams, House Told

    Using a "capital stack" to build out broadband infrastructure that can be used by multiple service providers is probably the best way to get rural communities connected to the internet quickly and affordably, experts told members of the House Wednesday at a subcommittee hearing.

  • June 16, 2021

    HHS Secretary Becerra Defends $132B Budget Request

    In congressional testimony Wednesday on the Biden administration's proposed budget, Health and Human Services Secretary Xavier Becerra emphasized HHS' commitment to women's reproductive health rights, and to boosting funds to fight the coronavirus pandemic and the worsening opioid crisis.

  • June 16, 2021

    FCC's Simington Proposes Wireless Security Improvements

    A Federal Communications Commission Republican said Wednesday his agency has a role to play in mitigating cyberattacks on critical infrastructure, suggesting industry coordination and a possible rulemaking could help the private sector hammer out wireless security best practices.

  • June 16, 2021

    Robbins Geller Wants To Fight FIFA Suit DQ At 2nd Circ.

    Robbins Geller Rudman & Dowd LLP has asked a New York federal judge to give the firm time to appeal his ruling that it committed fraud worthy of disqualification by failing to disclose short positions held by the lead plaintiff in a securities class action stemming from the FIFA corruption scandal, a request the defendant company said comes way too late.

  • June 16, 2021

    6 Members Of $1.7M Tech Insider Trading Ring Get Pinned

    Three members of an alleged $1.7 million insider trading ring were hit with criminal charges Tuesday, while much of the ring settled claims lobbed by the U.S. Securities and Exchange Commission that they traded off of material nonpublic information on two technology companies.

  • June 16, 2021

    Mitsubishi Scores Win In London 4G Patent Fight

    A London judge ruled Wednesday that two patents Mitsubishi asserted against a slew of Chinese phone makers were both valid and essential to the LTE wireless standards, handing the company a win after it lost an earlier preliminary trial over another 4G patent.

  • June 15, 2021

    Gigabit Speed Is The Goal Of $40B Broadband Bill

    A bipartisan bill to expand broadband reemerged Tuesday amid the Biden administration and Congress' broader infrastructure talks that would allocate $40 billion for new internet projects that offer gigabit speeds wherever possible. 

  • June 15, 2021

    Patent Case Against Dish Belongs In Texas, Fed. Circ. Told

    The Federal Circuit should reject Dish's appeal of U.S. District Judge Alan Albright's decision to keep an infringement case against it in the Western District of Texas, a patent-holding company has argued, pointing out that the cable giant operates one of its main broadcasting centers and employs more than 1,000 people there.

  • June 15, 2021

    Sens. Worry Internet Of Things Boosts Big Tech Dominance

    A Senate panel confronted Amazon and Google officials Tuesday over growing concerns that the Internet of Things gives tech giants an unfair competitive edge by creating a stranglehold on consumer data and access to smart home devices.

  • June 15, 2021

    $85M In Punitive Damages Sought In Live Chat IP Jury Trial

    Live chat customer service rivals closed out a California federal trade secrets trial Tuesday with LivePerson urging jurors to find [24]7.ai ripped off its software and to send a message by awarding upward of $85 million in punitive damages, while [24]7 painted itself as the bullied victim.

  • June 15, 2021

    Republican Sens. Float New Antitrust Reform Bill

    A pair of Republican senators have widened the field of legislative proposals aimed at strengthening U.S. antitrust enforcement, floating a bill that reaches beyond Big Tech with significant changes to existing laws and the agencies responsible for enforcing them.

  • June 15, 2021

    AT&T Wants Workers' 401(k) Fee Class Action Scrapped

    AT&T Inc. urged a California federal judge to toss an ERISA suit accusing the telecommunications giant of wasting its workers' retirement savings on unreasonable fees, saying Monday that there isn't a "shred of evidence" to back up the allegations.

  • June 15, 2021

    Judge Won't Toss Pa. Wheelchair Users' Suit Against Uber

    Uber can't duck a group of Pittsburgh-area wheelchair users' claims the company violated the Americans with Disabilities Act by failing to offer wheelchair-accessible vehicles, since a federal court had already established that the plaintiffs had standing to sue, a magistrate judge ruled.

  • June 15, 2021

    SpaceX's Starlink Won't Harm Environment, DC Circ. Told

    SpaceX told the D.C. Circuit on Monday that a bid to halt changes to its Starlink satellite broadband constellation is both flimsy and too late, asserting that competitor Viasat is trying to weaponize an environmental review requirement simply to gum up the project.

  • June 15, 2021

    FCC Urged To Bolster Lifeline Before Emergency Fund Dries

    The Federal Communications Commission should beef up Lifeline subsidies now so low-income consumers can maintain internet service after emergency broadband funds run out, a Lifeline providers' group has told the agency.

Expert Analysis

  • New Ariz. Law Practice Rules May Jump-Start National Reform

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    Arizona's far-reaching new rules opening its legal sector up to nonlawyer participation may encourage other states to follow suit, with both positive and negative consequences for clients, the justice system, legal education and lawyers' careers, say Maya Steinitz at the University of Iowa and Victoria Sahani at Arizona State University.

  • 10 Tips For Your Next Virtual Court Appearance

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    Many federal and state courts will likely embrace virtual proceedings even after pandemic-related restrictions are lifted, so attorneys should get comfortable with the virtual platforms commonly used by courts, and follow a few audio and video best practices, says Justin Heminger, a senior litigation counsel at the U.S. Department of Justice.

  • Next TCPA Ruling Is Unlikely To End Autodialer Saga

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    Even if the U.S. Supreme Court reaches a business-friendly outcome in Facebook v. Duguid, the demise of the Telephone Consumer Protection Act could easily be followed by an even more restrictive robocall law, says Adam Ragan at Fox Rothschild.

  • Key Takeaways From CFPB's Year-End Enforcement Flurry

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    The U.S. Consumer Financial Protection Bureau's 11 December enforcement actions demonstrated a restrained approach to remediation and penalties, which the Biden administration may replace with a quicker pace of enforcement activity, more regulation by enforcement, and larger fines and penalties, say Rachel Rodman and Kendra Wharton at Cadwalader.

  • Opinion

    Revisiting Klobuchar's Crucial Antitrust Reform Proposals

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    Given the new Democratic U.S. Senate majority, it's time for Congress to seriously consider Sen. Amy Klobuchar's recent and forthcoming antitrust reform proposals, which would restore antitrust law's power to prevent harmful consolidation and exclusionary conduct while growing the economy and protecting nascent companies, says Samuel Miller at Hastings Law School.

  • Don't Let Lies Infiltrate The Mediation Process

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    The pandemic-era rise in mediation brings about the increased risk that participants will engage in dishonest behavior with the expectation that settlement negotiations will be kept confidential, but lawyers should beware that state confidentiality protections differ, and that courts have applied ethical rules in the mediation context, say Jennifer Gibbs and Amanda Rodriguez at Zelle.

  • Perspectives

    Judges On Race: Lack Of Data Deters Criminal Justice Reform

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    Many state courts' failure to gather basic data on sentencing and other important criminal justice metrics frustrates efforts to keep checks on judges’ implicit biases and reduce racial disparities, say Justice Michael Donnelly at the Ohio Supreme Court and Judge Pierre Bergeron at the Ohio First District Court of Appeals.

  • What Cos. Can Learn From FTC Data Queries To Tech Giants

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    The Federal Trade Commission's recent queries to nine major social media and video streaming companies on how they gather, use and present personal information offer useful insights to other businesses on the agency's concerns and interests around privacy and data collection, say attorneys at Paul Weiss.

  • Rebuttal

    US Courts Have Limited Ability To Set FRAND Rates Globally

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    A recent Law360 guest article overlooked the critical point that U.S. courts lack the authority to engage in rate-setting for global portfolios of standard-essential patents on fair, reasonable and nondiscriminatory terms if the licensee does not agree to be bound by the court's determination, says Timothy Syrett at WilmerHale.

  • Predictions For How Telehealth Law Will Evolve In 2021

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    Following the significant activity COVID-19 brought to telemedicine and digital health policy in 2020, legislators will likely continue reducing barriers to virtual care this year, but regulators' enforcement efforts will rise as well, says Nathaniel Lacktman at Foley & Lardner.

  • Law Firms Should Note GCs' Growing Focus On Biz Strategies

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    Amid the challenges of the pandemic, a shifting digital landscape, and increasing calls for diversity and inclusion, general counsel responsibilities are expanding into six new areas, highlighting the need for both in-house and outside counsel to serve as strategic and empathetic business leaders, say Wendy King at FTI Consulting and David Horrigan at Relativity.

  • Opinion

    What The Oracle-TikTok Saga Means For Oracle Licensees

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    Though Oracle's attempts to take control of TikTok and become a competitive provider of third-party cloud-hosting services appear to have failed, Oracle's licensees should still consider themselves targets for aggressive cloud sales tactics and anticipate forthcoming audit activity, say Arthur Beeman, Joel Muchmore and Melissa Wehri at Beeman & Muchmore.

  • 6 Changes The Legal Industry Should Prepare For

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    As clients increasingly demand better efficiency, predictability and cost-effectiveness from their legal partners, especially during the pandemic, law firms and other legal service providers may need to explore new ways to bundle and deliver services — and move away from billing by time, says Joey Seeber at Level Legal.

  • Arizona May Have Nudged US Law Firms Toward Future IPOs

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    No U.S. law firm has its shares listed on a public stock exchange unlike some lucrative overseas counterparts, but by allowing nonattorneys to become stakeholders in law firms, Arizona may have paved the way for this to change should other U.S. states — particularly New York — follow suit, says Marc Lieberman at Kutak Rock.

  • Lessons From Economic Testimony In 2020 Merger Litigation

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    A look back at 2020 antitrust cases shows why economic evidence is likely to remain a key element in merger-enforcement litigation, despite the occasional anomaly, says Julie Elmer at Freshfields.

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