• April 25, 2017

    DC Circ. Revives SoundExchange Suit Against Muzak

    The D.C. Circuit on Tuesday revived an unusual lawsuit filed by royalty group SoundExchange that claims music provider Muzak is using an obscure grandfather clause to “cheat artists.”

  • April 25, 2017

    Judge Cracks Avaya's Ch. 11 Shield For BlackBerry Suit

    A New York bankruptcy judge cracked open telecom giant Avaya Inc.’s Chapter 11 litigation shield Tuesday, allowing a pair of defense motions to move forward in BlackBerry Corp.'s patent infringement suit against the company.

  • April 25, 2017

    Huawei Wants Sanctions For Russ August In Patent Battle

    Huawei Technologies Co. Ltd. called for sanctions against Russ August & Kabat and demanded attorneys’ fees Monday after beating a Korean patent company’s infringement suit, telling a California federal judge the company and its firm knew it didn’t have standing and tried to hide that fact from Huawei.

  • April 25, 2017

    FCC Fines Fla. Telecom Carrier $1M For Deceptive Practices

    The Federal Communications Commission in an order released on Tuesday hit a Florida-based telecommunications company with a $1 million fine for using deceptive practices to switch consumers' long-distance service and adding charges without proper authorization.

  • April 25, 2017

    Yahoo Says Insurer Attacking Wrong Policy Over Spam Texts

    Yahoo urged a California federal judge on Monday not to dismiss its suit against insurer National Union over defense for five Telephone Consumer Protection Act class actions, saying National Union's arguments against the suit apply only to Yahoo's advertising coverage and that National Union still has to pay under personal-injury coverage.

  • April 24, 2017

    FCC’s O’Rielly Blasts Aftermath Of Domain System Switch

    The six months since the transition of the internet’s domain name system out of U.S. oversight have shown that despite claims beforehand, the move hasn’t stopped “despots” abroad from continuing to press for government intervention online, Federal Communications Commissioner Michael O’Rielly said Friday.

  • April 24, 2017

    FTC Can Treat Soundboard Calls As Robocalls, Judge Says

    A move by the Federal Trade Commission to extend robocalling restrictions to telemarketing calls that use so-called soundboard technology was constitutional and followed proper procedure, a D.C. federal judge ruled Monday.

  • April 24, 2017

    Bankrupt RadioShack Gets OK To Pay Up To $3.4M In Bonuses

    A Delaware bankruptcy judge on Monday approved RadioShack’s plan to pay up to $3.4 million in bonuses to employees, including top-level executives, after the struggling retailer agreed to changes in the compensation plan spurred by unsecured creditors and the U.S. trustee’s office.

  • April 24, 2017

    FCC Chairman Creates Diversity Advisory Committee

    The chairman of the Federal Communications Commission, Ajit Pai, on Monday said that he will create a new advisory committee on “diversity and digital empowerment” to advise the agency on ways to push the participation of all in communications.

  • April 24, 2017

    Experian Says Data-Breach Report Bid 'Eviscerates' Privilege

    Experian struck back Friday against a bid by T-Mobile customers to get their hands on investigation documents related to a 2015 data breach that exposed 15 million consumers’ personal information, saying the report was prepared solely at the discretion of their counsel for defense purposes and is therefore privileged.

  • April 24, 2017

    Ex-Hungarian Telecom Execs Settle SEC's Bribery Claims

    Two former executives of Hungary’s largest telecommunications firm dodged an upcoming trial by settling the U.S. Securities and Exchange Commission’s allegations that they had paid bribes to government officials in Macedonia in exchange for regulations designed to hurt a competitor, according to papers filed in New York federal court Monday.

  • April 24, 2017

    Post-Auction Transition Shouldn't Harm Consumers, FCC Told

    The National Association of Broadcasters has returned to the Federal Communications Commission to make its case for a careful transition after the airwaves auction, saying the agency shouldn’t be locked in by decisions made by previous FCC leadership, according to a filing made public Friday.

  • April 24, 2017

    Apple, Samsung Slam Each Other’s Claims In $400M IP Fight

    As Samsung seeks a new trial in Apple’s nearly $400 million smartphone patent case against it following a U.S. Supreme Court ruling and Apple pushes for the full award to be affirmed, both companies maintained that their rival’s arguments should be barred.

  • April 24, 2017

    Privacy Groups Urge FCC To End Call Data Retention Rule

    The Electronic Privacy Information Center and a coalition of civil society organizations and others have urged the Federal Communications Commission to repeal a rule that requires phone companies to retain the detailed call records of their customers, saying it’s unnecessary and threatens consumer privacy.

  • April 24, 2017

    Christian Broadcaster Can't Prove 'Bad Faith,' 4th Circ. Told

    Discovery Communications LLC has told the Fourth Circuit that a district court's decision that it was operating in "good faith" when it terminated a distribution deal with a Christian broadcasting company was reasonable because the company had no right to distribute its networks over the Internet.

  • April 24, 2017

    Sen. Criticizes FCC's Business Data Services Deregulation

    A Democratic senator who sits on the Commerce, Science and Transportation Committee has criticized the Federal Communication Commission’s move to relax pricing regulations in the market for business data services.

  • April 21, 2017

    Taxation With Representation: Skadden, Cravath, Simpson

    In this week’s Taxation With Representation, Skadden guides a $6.1 billion deal in the health industry, Cravath heads two transactions each worth $600 million or more, and Simpson Thacher helps PetSmart purchase online pet food retailer Chewy.

  • April 21, 2017

    FCC’s Infrastructure Votes Pave Way For Bold 5G Push

    The Federal Communications Commission on Thursday voted to tee up proposals to streamline the deployment of wireline and wireless infrastructure, and experts say the agency appears ready to act quickly and aggressively to use its authority to remove roadblocks.

  • April 21, 2017

    Tech Giants Urge Trump Not To Drop Qualcomm SEP Suit

    Samsung, Intel and other companies urged President Donald Trump on Thursday to crack down on owners of standard-essential patents who don’t license them on fair terms, and to allow a Federal Trade Commission suit accusing Qualcomm of doing that to proceed in court.

  • April 21, 2017

    9th Circ. Won't Block Berkeley's Cellphone Warning Law

    The Ninth Circuit on Friday declined to halt enforcement of a Berkeley, California, ordinance that requires cellphone retailers to warn consumers about radiation risks, saying the law withstands First Amendment scrutiny since it’s related to a substantial government interest of protecting consumers’ health and safety.

Expert Analysis

  • Financial Adviser Fee Disclosures After Vento V. Curry

    James E. Langston

    Prior to the Delaware Chancery Court's ruling last month in Vento v. Curry, it was not uncommon for the acquisition financing fees a buy-side financial adviser would receive to be omitted from a proxy statement. That will likely change in light of Vento, says James Langston of Cleary Gottlieb Steen & Hamilton LLP.

  • Understanding The Challenges Of Strong Encryption: Part 1

    David Kalat

    When the FBI asked Apple to provide assistance in unlocking an iPhone used in connection with the 2015 San Bernardino attack, Apple very publicly declined. David Kalat of Berkeley Research Group LLC explains how it's possible that the good guys can't come up with effective passwords, but the bad guys can keep their secrets with four-digit pins.

  • Pre-1972 Songs Ruling May Lead To Good Vibrations

    Stanton “Larry” Stein

    While the Second Circuit’s holding in Capitol Records v. Vimeo and the U.S. Supreme Court’s recent refusal to disturb it may be a disappointment for record labels and other rights holders, the upside is that it's a step in the direction of providing uniformity in the copyright laws as they apply to sound recordings, say Stanton Stein and Diana Sanders of Liner LLP.

  • Trump's Infrastructure Plan: Getting The Show On The Road

    Chris Roux

    Presidential candidate Donald Trump called for the investment of $1 trillion in infrastructure over 10 years. However, the Trump administration’s budget proposal shows cuts in government spending on transportation and water infrastructure. A clear, bipartisan plan to harness both public and private funds, and to streamline the permitting process, is needed for success, says G. Christian Roux of Alston & Bird LLP.

  • Crowdfunding For Legal Cases: 5 Trends Reshaping Justice

    Julia Salasky

    Most people have never had an opportunity to personally take part in a legal case that directly challenges laws or policies they don’t agree with. Now that crowdfunding is available for legal cases, people can engage directly with legal change in the community and be a check on the powerful, says Julia Salasky, CEO of CrowdJustice.

  • Opinion

    ABA Needs A New Model Legal Ethics Rule

    Kevin L. Shepherd

    Perhaps lost in the presidential post-election tumult was a report issued in late 2016 by an international body evaluating U.S. compliance with anti-money laundering and counter-terrorist financing standards. Considering repeated criticisms of the legal profession, the American Bar Association should seriously consider a new model legal ethics rule, says Kevin Shepherd of Venable LLP.

  • Why FCC Cannot Require Opt-Out Language In Solicited Faxes

    Lewis S. Wiener

    The D.C. Circuit's ruling in Bais Yaakov v. FCC takes some wind out of the sails of would-be plaintiffs seeking to capitalize on the nuances of Telephone Consumer Protection Act and Federal Communications Commission rules. The ruling shows the court's willingness to hold the FCC accountable when it takes actions outside of its authority, say attorneys with Eversheds Sutherland (US) LLP.

  • What Does Lateral Partner Success Look Like?

    Howard Flack

    In the final segment of his series on lateral recruitment, Howard Flack, a partner of Volta Talent Strategies LLC and former leader of the lateral partner recruiting team at Hogan Lovells, shares a number of factors law firms should consider when measuring lateral hire success.

  • Are Lateral Recruitment Opportunities Shaping Your Strategy?

    Howard Flack

    In the second installment of this series on lateral recruiting, Howard Flack of Volta Talent Strategies LLC challenges law firms to ask themselves whether business strategies are determining lateral hires — or vice versa.

  • Lateral Partner Hiring: Time To Look In The Mirror

    Howard Flack

    The surveys that report lateral partner hiring as more or less a 50-50 proposition keep being published, and yet the lateral partner market is as robust as ever. So, what are firms looking at to measure their success and justify the level of investment they continue to make in the lateral market? asks Howard Flack of Volta Talent Strategies LLC.