• October 16, 2017

    VW, Marketing Co. Appeal Class Cert. In Autodialing Suit

    Volkswagen and a marketing company urged a California federal judge Friday to sign off on their Ninth Circuit appeal of a decision granting certification to a class of car owners who allegedly received illegal autodialed service reminders, challenging whether the named plaintiff consented to the calls, which could mean the difference of $735 million in liability.

  • October 16, 2017

    Deals Rumor Mill: Saudi Aramco, AT&T, iQiyi

    Chinese state-owned oil companies have interest in buying into Saudi Aramco ahead of its planned $100 billion IPO, Brazil’s antitrust watchdog will greenlight AT&T’s acquisition of Time Warner, with conditions, and Chinese video streaming service iQiyi has picked banks to help with its IPO.

  • October 16, 2017

    Comcast, Others Infringed Home Security Patent, Suit Says

    Video surveillance technology company ComCam International hit Comcast Cable Communications, Abode Systems and SimpliSafe with suits in Delaware federal court Friday, accusing the companies of infringing its internet-based security, fire and emergency identification system patent with their home security and automation products.

  • October 16, 2017

    Former RadioShack Employees Object To Del. Ch. 11 Plan

    A group of former employees suing defunct RadioShack over botched mass layoffs urged a Delaware bankruptcy court Monday to shoot down the electronic retailer’s proposed Chapter 11 plan, saying it provides no information on how RadioShack will pay for the proposed class action if the laid-off workers prevail.

  • October 16, 2017

    Charter Wants Call Suit Paused Pending TCPA Challenges

    Charter Communications Inc. asked a California federal judge on Friday to pause a proposed class action alleging it violated the Telephone Consumer Protection Act by autodialing consumers until either its First Amendment challenge of the law or a separate case considering the definition of an autodialer is resolved.

  • October 16, 2017

    High Court To Weigh Microsoft Overseas Data Warrant Row

    The U.S. Supreme Court on Monday agreed to review a Second Circuit decision that the federal government can’t use search warrants to access user data stored overseas by service providers such as Microsoft.

  • October 13, 2017

    Mediation, Trial Set In TracFone-Simply Wireless Dispute

    A Florida federal judge has ordered Simply Wireless and TracFone to mediate TracFone’s suit accusing Simply Wireless of taking free airtime that TracFone provided for new customers and selling that time to existing users, while also setting a trial date for next summer, according to an order issued Friday.

  • October 13, 2017

    Brand Battles: CVS, Adidas, Monster Energy, Amazon

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, CVS gets into another heart-shaped dispute, Adidas targets Turner Sports over the "three-stripe mark," Monster Energy files a whopping five new cases, and Amazon faces a fight from a venerable Texas brewery over its "wicked" new food brand.

  • October 13, 2017

    GAO To Probe FCC 'Attack' In Net Neutrality Row

    The Government Accountability Office said Friday it will probe a reported cyberattack of the Federal Communications Commission that may have disrupted public comment over net neutrality, in an investigation a former FCC bureau chief hopes will answer lingering questions over whether the episode was, in fact, an “attack.”

  • October 13, 2017

    Fed. Circ. Affirms Smartphone Makers' ITC Win Under Alice

    The Federal Circuit on Friday upheld a U.S. International Trade Commission ruling that found a Creative Technology Ltd. media player patent is invalid under the U.S. Supreme Court’s Alice decision, sealing a win for various smartphone makers, including Sony Corp. and Samsung Electronics Co. Ltd.

  • October 13, 2017

    General Dynamics, Others Infringed Radio Patent, Suit Says

    General Dynamics and four other companies have infringed a patent for a radio communication method, Zavala Licensing LLC claimed in five separate suits filed Wednesday and Thursday in Delaware federal court.

  • October 13, 2017

    Media Wants Rethink Of Gag Orders On FBI Data Requests

    Media organizations including The New York Times Co. and Dow Jones & Co. Inc. asked the Ninth Circuit Thursday to rehear a decision ending a constitutional challenge to the Federal Bureau of Investigation's use of national security letters that bar service providers from telling users about government requests for their data.

  • October 12, 2017

    France Attack Widow Says Google, Facebook, Twitter Aid ISIS

    A Texas woman whose husband and son were killed in an attack in Nice, France, last year by members of the Islamic State group, commonly known as ISIS, filed a lawsuit in California federal court on Thursday alleging that Twitter Inc., Facebook Inc. and Google Inc. allowed the terrorist group to use their social networks as a tool for spreading propaganda and growing its base.

  • October 12, 2017

    Campbell-Ewald Cuts Need For Class Cert. Bid In TCPA Row

    A North Carolina federal judge on Wednesday rejected an early request for class certification in a suit accusing a global medical therapy provider of sending unsolicited junk faxes, ruling that the placeholder motion was unnecessary given the U.S. Supreme Court’s refusal to endorse individual plaintiff “pick-offs” in its Campbell-Ewald decision.

  • October 12, 2017

    Trump’s NBC Threats Won't Work On Today's FCC: Experts

    President Donald Trump called Wednesday for NBC to have its broadcast licenses challenged after it ran what he called a “fake news” story about him, but experts say the Federal Communications Commission’s days of policing newsrooms are long gone.

  • October 12, 2017

    Samsung, Apple Spar Over New Patent Trial’s Damages Test

    Samsung Electronics Co. Ltd. and Apple Inc. fought in California federal court Thursday over what test a jury should use to calculate damages if a judge grants Samsung’s bid for a new trial in a $400 million smartphone patent war between the tech giants, with Apple backing its own four-step test and Samsung arguing for something simpler.

  • October 12, 2017

    Investor Can’t Exploit Communication Co.’s $2B FCC Waiver

    Emergency communications specialist ShipCom LLC has the sole right to exploit a waiver from the Federal Communications Commission worth $2 billion that underpins its business, a Delaware Chancery Court found Thursday, ruling ShipCom’s 80 percent owner can’t monetize the waiver by itself despite its majority status.

  • October 12, 2017

    Spectrum License Holder To Pay $9.4M To End Investor Suit

    Straight Path Communications has agreed to pay $9.45 million to settle a lawsuit with shareholders who accused the telecommunications asset holder of improperly acquiring and overstating the value of spectrum licenses, which caused the company’s stock price to drop when brought to light.

  • October 11, 2017

    Carriers Assoc. Urges Flexibility For FCC Spectrum Metrics

    As the Federal Communications Commission mulls changes to how certain underused spectrum is relicensed, the Competitive Carriers Association on Tuesday suggested a more straightforward application process and urged the agency to be more flexible with coverage analytics.

  • October 11, 2017

    Feds Walk Fine Line On Internet Of Things Security, Rep. Says

    The Democratic co-chair for the Congressional Cybersecurity Caucus said at an “internet of things” event Wednesday that while public-private partnerships should facilitate, rather than mandate, safeguards for connected devices, the federal government will step in when those devices are compromised or malfunction.

Expert Analysis

  • Fail-Safe Class Doctrine Helps Identify Weak TCPA Classes

    J. Marx Headshot.jpg

    In the last five years, federal courts have begun denying class certification for so-called "fail-safe" classes, limiting class action rules as a means of vindicating Telephone Consumer Protection Act claims. What appears to be a weird quirk of various procedural rules ultimately helps to prevent the use of class action rules when they are not appropriate, says Jared Marx of Harris Wiltshire & Grannis LLP.

  • Courts Scrutinizing Warrants For Electronic Data

    Henry Hockheimer

    Recent rulings from a New York federal court in Wey and the D.C. Circuit in Griffith represent a serious pushback to government efforts to write boundless warrants and to seize phones and computers without a sufficiently particularized showing of probable cause, say Henry Hockeimer and Thomas Burke of Ballard Spahr LLP.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases


    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • 5 Takeaways From The Largest FCPA Resolution

    Abdus Samad Pardesi

    Beyond the stark lesson of the costs associated with bribing foreign officials, there are several key takeaways from Telia’s recent $965 million Foreign Corrupt Practices Act penalty, including the Trump administration’s continuing commitment to enforcing the FCPA and extracting significant settlements, say attorneys with Kirkland & Ellis LLP.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • And Now A Word From The Panel: Billing For An MDL

    Alan Rothman

    At its next hearing, the Judicial Panel on Multidistrict Litigation will consider an MDL motion arising from class actions against a telecommunications provider regarding pricing practices. Some plaintiffs oppose centralization because of legal differences among the various actions. But MDL centralization only requires the presence of one or more common questions of fact, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Opinion

    Manufacturers Must Focus On Securing The Internet Of Things

    Aristedes Mahairas

    We know internet-of-things devices are unsecure. Some say they are likely to remain unsecure. But given the increasing risk and seriousness of IoT-based attacks, manufacturers should take proactive measures to bring to market IoT devices that contain standard security protocols, says Aristedes Mahairas, special agent-in-charge of the FBI’s New York Special Operations/Cyber Division.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.