• October 17, 2017

    In Microsoft, Justices To Set Feds' Reach For Overseas Data

    The U.S. Supreme Court in weighing the government's ability to access data stored overseas by Microsoft is likely to pick a clear winner in the battle over how far law enforcement can reach for data under the current law, experts say, although some are hoping that the move will prompt Congress to step in to quickly strike a better balance between privacy interests and law enforcement needs in a digital world.

  • October 16, 2017

    Leave Retrans Fees Out Of NAFTA Talks, Cable TV Cos. Say

    Cable TV system operators told the U.S. trade representative Friday that requiring Canadian cable providers to negotiate agreements for carrying American broadcast content as part of the North American Free Trade Agreement revisions would be a drag on the industry.

  • October 16, 2017

    FCC Set To Share Data With DOJ For Wireless Antitrust Probe

    The Federal Communications Commission will likely comply with the U.S. Department of Justice’s request for access to service provider information that might help the DOJ prepare for future enforcement actions over anti-competitive behavior in the mobile wireless services industry, as long as no affected parties oppose the disclosure.

  • October 16, 2017

    Investors Sue To Stop $650M Hawaiian Telecom Sale

    Hawaiian Telcom Holdco Inc. didn’t give investors enough information about its financial adviser’s analysis of its $650 million acquisition by Cincinnati Bell Inc., a proposed class of shareholders alleged Friday in a bid to stop the sale.

  • October 16, 2017

    FCC Commish Cites 1st Amendment After Trump's NBC Threat

    Reflecting on President Donald Trump’s comments last week that NBC should have its broadcast licenses challenged for running a “fake news” story about him, Federal Communications Commissioner Jessica Rosenworcel said on Sunday that it is essential the agency abide by the First Amendment.

  • 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.

Expert Analysis

  • 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.

  • Considerations For Competitors Collaborating Post-Hurricane

    Meytal McCoy

    Despite the unique and critical need for collaboration among competitors following Hurricanes Harvey and Irma and other natural disasters, these events are not an invitation for businesses to ignore antitrust laws, say Meytal McCoy and Jessica Michaels of Mayer Brown LLP.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Joint Commission Hesitates On New Telehealth Standards

    Nathaniel Lacktman

    While the Joint Commission recently stated that it will not move forward with its proposed update to its ambulatory telemedicine standards to account for direct-to-patient telehealth services, potential changes may still be on the horizon, says Nathaniel Lacktman of Foley & Lardner LLP.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • How The FTC Has Erred On Innovation Policy Issues

    David Teece

    Maureen Ohlhausen, the acting chairman of the Federal Trade Commission, recently delivered a sobering attack on the agency, noting that it and other antitrust agencies have “lost sight of core antitrust principles.” From such a highly competent federal official who is also a recognized legal scholar, this critique deserves our full attention, says David Teece, chairman of Berkeley Research Group LLC.