• July 11, 2017

    Justice Breyer On The Limits Of Presidential Power

    Justice Stephen Breyer discusses the Supreme Court’s role as a check on executive authority and the global influence on U.S. courts, in the first of two articles based on an exclusive interview with the justice. This is part of a series of exclusive Law360 interviews with current and former Supreme Court justices.

  • July 11, 2017

    Chamber Signs Letter Opposing Broadband As Public Utility

    The U.S. Chamber of Commerce and several trade associations wrote a letter to the Federal Communications Commission Tuesday supporting efforts to repeal Obama-era net neutrality regulations, asserting that a free and open internet does not equate to imposing public utility-style restrictions on broadband providers.

  • July 11, 2017

    Ex-Time Warner, FCC Lawyer Joins Davis Wright Team

    Davis Wright Tremaine has added a former Time Warner Cable and Federal Communications Commission lawyer as a partner in its communications and cable practice groups, the firm announced Tuesday.

  • July 11, 2017

    Congress Best Suited To Mediate Net Neutrality, Group Says

    Telecom advocacy group TechFreedom on Tuesday criticized an online protest planned for Wednesday to defend net neutrality rules as a movement that ignores the issue at the core of internet freedom, saying the push for FCC action is shortsighted and that congressional legislation is what’s truly needed.

  • July 11, 2017

    TCPA Case Over Gym's Sales Calls Revived By 3rd Circ.

    The Third Circuit on Monday determined that a proposed class of Work Out World Inc. customers claiming to have received prerecorded sales calls in violation of the Telephone Consumer Protection Act had pled a sufficient concrete injury, reversing a district judge’s dismissal.

  • July 11, 2017

    Judge OKs Settlement In Supplement Co. Junk Fax Row

    A Florida federal judge Tuesday granted class certification to 176 individuals and approved their $88,000 settlement agreement with a group of nutrition supplement companies to end a suit alleging the companies violated the Telephone Consumer Protection Act by sending junk faxes without the necessary opt-out notice.

  • July 11, 2017

    Microsoft To Use TV 'White Spaces' To Extend Net Service

    Microsoft announced Monday it is moving forward with a plan to repurpose gaps between channels on TV-licensed spectrum as a way to extend internet service in rural areas, but at least one industry group says the software giant is just seeking an advantage after it refused to participate in a spectrum auction.

  • July 10, 2017

    French Telecom Co. Stole Facebook Calling App, Jury Told

    A now-defunct San Francisco-based startup told a California federal jury during the first day of trial Monday that Orange SA hacked its proprietary phone application to steal its technology allowing users to call friends through social media sites without their phone numbers, weeks before the French telecom giant launched a similar service with Facebook.

  • July 10, 2017

    Fed. Circ. Knocks Gilstrap's Denial Of Genband Injunction

    The Federal Circuit on Monday faulted Eastern District of Texas Judge Rodney Gilstrap’s decision not to impose a permanent injunction on Metaswitch after it was found to infringe Genband’s telecommunications patents, saying he possibly used too strict a test to make his decision.

  • July 10, 2017

    Netflix, Starz Can't Beat Data IP Suits, Blackbird Says

    A patent-holding company founded by former WilmerHale and Kirkland & Ellis LLP partners has asked a Delaware federal court to keep alive its infringement claims against Netflix, Starz and others, saying the streaming sites “oversimplify” claims of the data storage patent at issue in arguing that it is invalid.

  • July 10, 2017

    Fed. Circ. Urged To Reboot Recovery IP Row Against Apple

    A Federal Circuit panel was urged to revive a suit accusing Apple of infringing a computer system recovery patent Monday, with the patent holder arguing the trial judge mistakenly limited what involvement a computer user can have under the patent.

  • July 10, 2017

    Merger Of CenturyLink, Level 3 Gets More State Nods

    The states of Alaska, Colorado, Pennsylvania and New York have approved CenturyLink Inc.’s agreement to buy local exchange carrier and fiber optic internet provider Level 3 Communications Inc. for roughly $34 billion, bringing the total number of states and territories backing the deal to 21, CenturyLink said Monday.

  • July 10, 2017

    Atlantic Broadband Snags MetroCast Cable Biz In $1.4B Deal

    Atlantic Broadband and private investment outfit Caisse de dépôt et placement du Québec have agreed to put up a total of $1.4 billion to acquire all of Harron Communications LP’s cable systems operating under the MetroCast brand, the companies said Monday.

  • July 10, 2017

    CenturyLink Says No Injury In Credit Report Precheck Suit

    CenturyLink Communications LLC told an Illinois federal judge Friday to dismiss a proposed class action accusing the company of dropping consumers’ credit scores by pulling their credit reports before they signed up for services, arguing that the consumer hadn’t shown they suffered an actual injury.

  • July 7, 2017

    Pai Names Regulatory Foe As FCC's Chief Economist

    Federal Communications Commission Chairman Ajit Pai has named as the commission’s new chief economist a George Mason University research fellow who has written extensively about what he considers to be regulatory bloat.

  • July 7, 2017

    Calif. Judge Says HTC's Alice Motion Kills Transfer Bid

    A California federal judge has denied cellphone maker HTC's bid to dismiss or transfer a patent infringement suit brought by InfoGation, saying HTC has litigated the case for a year and can't argue about the venue now despite the U.S. Supreme Court's recent decision in TC Heartland.

  • July 7, 2017

    DigitalGlobe Investor Suits Combined Despite Objection

    A Colorado federal judge on Thursday consolidated five shareholder lawsuits challenging earth imagery company DigitalGlobe Inc.'s CA$3.1 billion ($2.4 billion) sale to satellite communications company MacDonald Dettwiler and Associates Ltd., overruling a lone investor's opposition to the move.

  • July 7, 2017

    Fed. Circ. Partly Revives Mobile Patent Challenged By HTC

    The Federal Circuit on Thursday vacated the Patent Trial and Appeal Board’s invalidation of certain claims of a mobile phone network patent asserted against HTC Corp. while otherwise determining that the board correctly nixed a second set of claims.

  • July 7, 2017

    EEOC Sues Time Warner Over Firing Of Disabled Worker

    The U.S. Equal Employment Opportunity Commission sued Time Warner Cable and new owner Charter Communications on Thursday over allegations they violated the Americans with Disabilities Act by denying an ailing California worker a reasonable accommodation.

  • July 7, 2017

    Judge Needs Time To Ponder Repeat Fraudster's Time

    A New York federal judge said after a long sentencing hearing Friday that he needed more time to consider the correct term of imprisonment for a serial fraudster looking down the barrel of a 24-year guidelines sentence who had himself suggested a 12-year term as punishment for his $15 million scam.

Expert Analysis

  • Monthly Column

    Gray Matters: We Feel, We Decide


    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Key Privacy Developments In Trump's First 150 Days

    Jaipat S. Jain

    Recent significant shifts in privacy policy include an executive order withdrawing Privacy Act protections for non-U.S. individuals, and the rollback of the Federal Communications Commission's broadband privacy rules, says Jaipat S. Jain of Lazare Potter & Giacovas LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • The Latest SEP Developments In China

    Guizhen Han

    China's current judicial practices appear to indicate that standard-essential patent holders are in a favorable condition to commence relevant patent infringement litigation to protect legitimate rights and interests in China, say attorneys with Tian Yuan Law Firm.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Obviousness May Soon Return To High Court

    Derek Dahlgren

    Consensus is building that the U.S. Supreme Court should grant the petition to hear Samsung v. Apple. The issue that has received the most attention from the amici briefs and the most pages from the parties is how the Federal Circuit applied the obviousness analysis, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • 'Dancing Baby' Copyright Case Through A Proper Lens: Part 2

    David Lichtman

    The Ninth Circuit was correct in its finding that any fair-use analysis for a Digital Millennium Copyright Act takedown notice is a fact-based, subjective determination. According to the Lenz petition for certiorari, the Ninth Circuit’s decision would open the floodgates for a slew of unreasonable claims as grounds for removal of online speech — but the petition conflates incorrectly “subjective beliefs” with “unreasonable beliefs,... (continued)

  • 'Dancing Baby' Copyright Case Through A Proper Lens: Part 1

    David Lichtman

    The question presented to the U.S. Supreme Court in Lenz v. Universal Music, as framed by the anti-copyright group the Electronic Frontier Foundation, somewhat misstates what the Ninth Circuit actually held in the underlying case, and the petition for certiorari does not actually address the most important issue raised by the case, say David Leichtman of Leichtman Law PLLC and Sherli Furst of Robins Kaplan LLP.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.