• June 13, 2017

    Consumers Urge 9th Circ. To Revive Subway TCPA Claims

    A proposed class of consumers told the Ninth Circuit on Monday that Subway cannot enforce their arbitration agreement with T-Mobile in their Telephone Consumer Protection Act suit against the sandwich chain, saying Subway doesn’t have the right to enforce T-Mobile’s agreements with customers.

  • June 12, 2017

    Justice Ginsburg On Diversity And Persuading Her Colleagues

    Justice Ruth Bader Ginsburg discusses what it means to have three women on the court, the aftermath of hostile Senate confirmation fights, and why justices sometimes do the unexpected, in the first of two articles based on an exclusive interview with the feminist icon.

  • June 12, 2017

    Investors Say Feds Wrong On State Securities Suit Petition

    A group of shareholders suing network support products provider Cyan Inc. over its initial public offering told the U.S. Supreme Court last week the acting solicitor general was wrong to recommend the high court take up Cyan’s petition over whether investors can bring such claims in state court, even though the government supported their interpretation.

  • June 12, 2017

    Consumer Groups Ask FCC To Probe Student Debt Robocalls

    Six consumer advocacy groups, including the National Consumer Law Center and Public Knowledge, asked the Federal Communications Commission on Monday to launch an investigation into alleged robocalling to student loan debtors by Navient Solutions LLC, saying the calls are “abusive.”

  • June 12, 2017

    Media Ownership Rules Have ‘Outlived Usefulness,’ FCC Told

    A Wisconsin TV station has told Federal Communications Commission Chairman Ajit Pai that it’s time for the FCC to relax certain media ownership rules that no longer make sense, saying the move would help the newsroom better serve the public.

  • June 12, 2017

    Open Internet Shift Threatens Universal Service: FCC Dem

    Federal Communications Commissioner Mignon Clyburn, the last remaining commissioner who voted for 2015 net neutrality rules, said Monday the Republican FCC’s plan for reversal also undercuts the legal authority for the agency’s push to increase broadband access.

  • June 12, 2017

    High Court Won't Revive Ex-Qwest CEO's Suit Over Forfeiture

    The U.S. Supreme Court declined on Monday to revive a lawsuit from the former CEO of Qwest Communications International Inc. that sought an $18 million refund for taxes he paid on trading profits that were forfeited following his criminal conviction for insider trading.

  • June 12, 2017

    DirecTV Asks High Court To Review Joint Employer Standards

    DirecTV has asked the U.S. Supreme Court to review a ruling that it must face two consolidated lawsuits from former technicians claiming they were misclassified as contractors, arguing the Fourth Circuit wrongly deviated from eight other circuits in establishing a new test for identifying joint employers under the Fair Labor Standards Act.

  • June 12, 2017

    Fed. Circ. Keeps Alice Patent Ruling In $533M Apple Suit

    The Federal Circuit on Monday declined to reconsider a decision finding three data storage patents invalid under the U.S. Supreme Court’s Alice standard in an infringement case against Apple Inc. that previously saw a Texas federal jury award $533 million to patent holder Smartflash LLC.

  • June 12, 2017

    Pa. County Can Pursue 911 Undercharge Suit Against Telcos

    A Pennsylvania state appeals court has revived a county’s suit claiming that a group of telecommunication service providers underbilled customers and failed to remit full 911 services payments to the local government.

  • June 12, 2017

    DISA Owes $2.3M After Canceled Telecom Deal, ASBCA Rules

    The Defense Information Systems Agency owes about $2.3 million after canceling a telecommunications services order following a related bid protest, with the contractor having made reasonable attempts to divest itself of a related circuit lease, the Armed Services Board of Contract Appeals ruled in a decision made public Monday.

  • June 12, 2017

    Apple's Patent Loss Upped To $11M In IPhone Row

    Apple Inc. will have to pay nearly $11 million for its iPhones' infringement of a “polite ignore” feature, after a Delaware federal court Monday increased a jury's $3 million damages award and roundly rejected Apple’s attempts to overturn the verdict.

  • June 9, 2017

    FCC TV Ownership Shift Likely To Pass Muster At DC Circ.

    The Federal Communications Commission’s decision to relax TV ownership limits appears likely to withstand a challenge at the D.C. Circuit, experts say, and a request to delay it from taking effect in the meantime also may not succeed.

  • June 9, 2017

    Microsoft XBox Doesn't Infringe Patent, EDTX Jury Finds

    An Eastern Texas federal jury on Friday concluded that Microsoft Corp.'s XBox One services did not infringe a patent covering live video chat capabilities, and found that claims in Biscotti Inc.’s patent for the technology were invalid as obvious in light of prior inventions.

  • June 9, 2017

    Fed. Circ. Affirms HTC Loss In PTAB Mobile Patent Challenge

    The Federal Circuit affirmed a Patent Trial and Appeal Board decision Friday in an inter partes review that a mobile communications system patent challenged by HTC and ZTE is not invalid, according to an order issued by the appeals court.

  • June 9, 2017

    Low Broadband, High Disease Rates In Many Areas, Says FCC

    Nearly half of all counties in the U.S. have a combination of high levels of chronic diseases such as diabetes and the need for improved broadband connections, an increase of about 1 million people from 2014 to 2015, according to data released Thursday by the Federal Communications Commission.

  • June 9, 2017

    FCC Fines Calif. Co. $975K For Neglecting Federal Programs

    A California company will pay $975,000 for failing to submit data or provide funds to several federal programs, including the Universal Service Fund, the Federal Communications Commission said in a forfeiture order released Thursday.

  • June 9, 2017

    EU Antitrust Unit Widens Probe Of Qualcomm’s $38B NXP Buy

    The European Union’s antitrust officials on Friday expanded their investigation into Qualcomm Inc.’s proposed $37.7 billion acquisition of Netherlands-based NXP Semiconductors, expressing concern that the deal could harm competition in the mobile device and automotive sectors.

  • June 9, 2017

    Deals Rumor Mill: Toshiba, Rite Aid, Oi

    Bain Capital is replacing KKR in a group bidding for Toshiba's multibillion-dollar memory chip business, the FTC is expected to block Walgreens' acquisition of Rite Aid and Brazilian telecom company Oi hopes to raise $2.4 billion as it looks to speed up its emergence from bankruptcy.

  • June 8, 2017

    $280M Dish TCPA Penalty May Make Settling More Attractive

    The record $280 million penalty Dish Network incurred in a suit brought by the Federal Trade Commission and several states over millions of unlawful telemarketing calls is likely to embolden both regulators and private plaintiffs — and make telemarketers even more leery of fighting Telephone Consumer Protection Act claims.

Expert Analysis

  • A Look At FCC Broadband Deployment Proposal

    Maria Browne

    Last month, the Federal Communications Commission released the final version of its combined notice of proposed rulemaking, notice of inquiry and request for comment pertaining to accelerated wireline broadband deployment. The FCC is seeking to expedite and reduce the costs of deployment, while also seeking comment on whether the commission should preempt state and local government impediments to deployment, say Maria Browne and Jo... (continued)

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Increasing Focus On Info Exchanges Among Competitors

    Phillip Johnson

    Sharing sensitive nonpublic information can have adverse effects on competition. Indeed, recent activity in private and public antitrust enforcement shows growing concern with competitors’ coordinated actions and information sharing, say Phillip Johnson and Niyati Ahuja of Econ One Research Inc.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • How Wireless Carriers Defend Consumers From Spam Texts

    Anush Emelianova

    Companies like Twilio have argued that the Federal Communications Commission should regulate text messages under the open internet rules, meaning that texts from consumers and businesses can't be filtered without notice. Wireless carriers claim that such a change would hurt consumers, and Chairman Ajit Pai is likely to protect consumers by siding with the carriers, say Phyllis Sumner and Anush Emelianova of King & Spalding LLP.

  • Repeal Of FCC Privacy Rules Leaves America Vulnerable

    John F. Stephens

    The congressional repeal of the Federal Communications Commission's October 2016 privacy rules will have security implications far beyond what was ever envisioned or intended. The end result will be a disaster not just for Americans' privacy, but for America's cybersecurity as well, says John Stephens of Sedgwick LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Time For High Court To Clarify Presumption Of Patent Validity

    Charles Macedo

    Courts continue to invalidate patents under Section 101 without adhering to the presumption of validity standard mandated by Congress in Section 282 and the U.S. Supreme Court in i4i. The Supreme Court can set the record straight in Broadband iTV v. Hawaiian Telcom, say Charles Macedo and Sandra Hudak of Amster Rothstein & Ebenstein LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs


    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.