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Telecommunications
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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.
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March 08, 2024
Consumers Fight Dismissal Bids In Microsoft And OpenAI Suit
Consumers who say their privacy was violated by Microsoft Corp. and OpenAI LP's products are urging California federal court not to dismiss their complaint, saying it clearly and in detail lays out the basis for their allegations.
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March 08, 2024
Microsoft Pushes AI As Weapon For Fighting Robocalls
Microsoft is continuing its push to convince the Federal Communications Commission that artificial intelligence can help in its effort to combat robocalls and texts, not just make the problem worse.
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March 08, 2024
FCC Says There's No Order To Appeal In IT Fund Suspension
The D.C. Circuit shouldn't rush to hear a case accusing the Federal Communications Commission of dragging its feet on releasing subsidy funds for tech support at grade schools because there's no order from the FCC to be appealed, the agency has said.
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March 08, 2024
Apple Relents, Paving Way For Epic Games Store In EU
Epic Games will be able to establish its own app store on European iPhones after all, after Apple changed course Friday, two days after blocking the Fortnite developer from launching its own iOS app store in the latest dustup over Apple control and brand-new European Union rules.
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March 08, 2024
Google Can't Shake Video Ad Tech Claims In MDL
A New York federal court has refused to toss claims targeting Google's control over online video advertising from a defunct video publisher in the sprawling multidistrict litigation accusing the tech giant of monopolizing digital ad technology.
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March 08, 2024
NJ Residents Can Intervene in Verizon Cell Tower Suit
A federal judge is giving Belmar, New Jersey, residents the green light to intervene on the side of Monmouth County as it defends against a Verizon suit over blocked small cell towers.
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March 08, 2024
Taxation With Representation: Fried Frank, Latham
In this week's Taxation with Representation, Viavi acquires Spirent, Cadence Design Systems purchases Beta Cae Systems International, and United Rentals buys Yak.
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March 07, 2024
Petition Watch: Student Athletes, Oil Spills & Preemption
The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed: questions over whether student athletes have a business interest in being eligible to play college sports, how much oil is needed to qualify as an oil spill, whether an exemption to the Fourth Amendment applies to artificial intelligence and whether consumers can sue drug companies under state law for violating federal regulations.
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March 07, 2024
Nokia Owes Would-Be Tech Partner $23M Over Oral Deal
Nokia Solutions and Networks Oy owes telecom company Collision Communications $23 million after reneging on an oral contract to license noise-filtering technology, a New Hampshire federal jury found Wednesday.
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March 07, 2024
House Panel Advances Bills To Ban TikTok, Block Data Sales
The House Commerce Committee on Thursday unanimously approved a pair of bills targeting national security concerns related to foreign adversaries' access to personal information about Americans, including a measure that would effectively ban TikTok from the U.S. unless it's cut from its Chinese parent company.
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March 07, 2024
Judges Say Facing Threats And Vitriol Now Part Of The Job
Federal judges spoke Thursday about the challenges of the profession in the 21st century, describing how they've either received threats or know of warnings against colleagues, with one jurist saying she received 11 death threats during her first three months on the bench.
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March 07, 2024
New Big Tech 'Gatekeeper' Rules Go Live In Europe
Apple, Google, Microsoft and other digital "gatekeepers" faced a deadline Thursday to implement changes required by Europe's expansive new regulations aiming to rein in the power of Big Tech through rules intended to promote competition and give consumers more choice.
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March 07, 2024
Peru's Telecom Co. Wants $168M Award Suit Tossed
Peru's state-owned Programa Nacional de Telecomunicaciones has urged a D.C. federal court to set aside an entry of default in litigation to enforce $168 million in arbitral awards issued to a broadband provider, arguing that it has sovereign immunity and wasn't properly served.
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March 07, 2024
FCC Opens Probe Into Massive AT&T Outage
The Federal Communications Commission confirmed Thursday that it has launched what it says will be a "thorough" probe into the massive network outage AT&T suffered last month that left millions of customers without phone service.
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March 07, 2024
CenturyLink Cut From Suit Blaming Utilities For Road Delays
The city of Sammamish, Washington, has quietly dropped CenturyLink from a state court lawsuit accusing it, Comcast and other companies of causing millions of dollars in roadwork delays by failing to move their infrastructure in a timely manner.
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March 07, 2024
FTC Extends Telemarketing Fraud Rule To Protect Businesses
The Federal Trade Commission on Thursday unveiled new initiatives to protect businesses from telemarketing fraud, a move it said will help to protect small businesses from deceptive marketers.
Expert Analysis
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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.
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New FCC Broadband Label Rules Should Be Read Carefully
A recent order from the Federal Communications Commission clarifies standardized broadband label requirements that are pending final approval — and while compliance should be manageable, the rules impose new risk, particularly with regard to speed and latency disclosures, say Craig Gilley and Laura Stefani at Venable.