Telecommunications

  • January 23, 2024

    Copyrights Not Limited To Humans, AI Creator Tells DC Circ.

    An artificial intelligence inventor challenging the U.S. Copyright Office's refusal to register an AI-generated artwork has asked the D.C. Circuit to reverse a lower court's ruling upholding the government agency's decision, arguing the law "explicitly allows for non-human authors."

  • January 23, 2024

    Netflix Tells Colo. Court Streaming Not Subject To Sales Tax

    Streaming services provided by Netflix Inc. in Colorado do not constitute tangible personal property and are not subject to sales tax, the company told a state court, saying decades of state law back its claim.

  • January 23, 2024

    Verrill Adds New Energy, Telecom Partner To Boston Office

    Verrill has welcomed Verizon's long-time East region deputy general counsel as a partner in its Boston office, strengthening the firm's energy, telecommunications and natural resources practice group.

  • January 22, 2024

    2nd Circ. Tosses Arbitration Ruling In Ousted Chair's Suit

    The Second Circuit on Monday vacated an order refusing to halt arbitration initiated by the ousted former chairperson of software investment company The Resource Group International Ltd., who was forced to resign in late 2021 following a widely reported sexual harassment scandal.

  • January 22, 2024

    Choice Hotels Asks Albright To Cut Comms Patents, Citing Alice

    Choice Hotels International Inc. is asking Texas federal judge Alan D. Albright to dismiss a lawsuit against it over communications patents it claims are invalid, backing its reasoning with the Supreme Court's Alice decision.

  • January 22, 2024

    Carnival Can't Capsize Consumers' Wiretapping Case

    Carnival Corp. can't escape wiretap and invasion of privacy claims in a consolidated proposed class action accusing it of tracking consumers' every mouse click and keystroke on its website, a California federal judge ruled, but the consumers will need to rework their Computer Fraud and Abuse Act claim.

  • January 22, 2024

    4th Circ. Says Firm Sent Illegal Faxes But Won't Certify Class

    The Fourth Circuit ruled Monday that a Florida-based financial services company violated federal law when it sent unsolicited fax ads but denied class certification to the roughly 59,000 recipients because the identities of eligible members were not ascertainable.

  • January 22, 2024

    Utilities Seek To Lower Cost Of FCC Pole Replacement Rule

    Utilities want the Federal Communications Commission to change two aspects of a recent rule aimed at resolving pole attachment disputes to clarify when they have to provide copies of easements and pay to replace outdated poles.

  • January 22, 2024

    Experts Worry US Falling Behind On Spectrum Policy

    The United States lacks momentum on policies to free up the airwaves for commercial use compared to many of its economic rivals following a major international meeting on the global use of spectrum, a group of experts said Monday.

  • January 22, 2024

    Google Accused Of Invalid Motion To Kill States' Antitrust Suit

    Google "blatantly violated" court rules against filing multiple motions to dismiss when it lodged a second bid to kill an antitrust suit filed by a coalition of conservative state attorney generals, according to the states' filing in Texas federal court.

  • January 22, 2024

    Cyberattack Yields Mistrial In Scam Marketing Case

    A Colorado federal judge declared a mistrial Monday morning in prosecutors' fraud case against workers accused of boosting their employer's clients' scams, telling jurors picked last week their service was no longer needed after an unspecified hacking incident over the weekend. 

  • January 22, 2024

    Providers Want More Clarity From FCC On Outage Reporting

    A cable television and internet industry group told the Federal Communications Commission that it broadly supports the commission's proposal for mandatory participation in the Disaster Information Reporting System, but asked that service providers be allowed more time to report the status of their networks when the disaster system is activated.

  • January 22, 2024

    Md. Bill Would Make Tax-Exempt Orgs Report Rent Income

    Maryland owners of tax-exempt property would be required to report certain rental income from those properties to the state's tax department under legislation introduced Thursday in the state House of Delegates.

  • January 22, 2024

    Justices Won't Hear Fight Over FTC's $163M 'Scareware' Win

    The U.S. Supreme Court on Monday declined to take up a former marketing executive's challenge to a $163 million judgment imposed more than 10 years ago in the Federal Trade Commission's suit over a "scareware" scam, rejecting the contention that the penalty couldn't stand because of a recent high court decision curtailing the FTC's ability to seek restitution. 

  • January 19, 2024

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 19, 2024

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 19, 2024

    News Cos. Wants Expert Evidence In Google Ad Tech Case

    Media companies Gannett and the Daily Mail, which are part of multidistrict litigation in New York accusing Google of monopolizing digital advertising technology, have asked a Virginia federal court overseeing a related case from the U.S. Department of Justice for permission to access expert evidence.

  • January 19, 2024

    Sirius XM Moves NY AG Suit To Federal Court

    Sirius XM said it will defend itself against New York's suit over its subscription retention tactics in federal court, rather than the state court where it was initially filed.

  • January 19, 2024

    Net Neutrality Backers Say Rules Must Survive Legal Fights

    The FCC appears set to revive Obama-era net neutrality rules that limit broadband providers' power to control web traffic and supporters want to tailor the rules to survive legal challenge and preserve state regulations. Critics, on the other hand, are pushing the FCC to go light.

  • January 19, 2024

    UpHealth's 'Full Pay' Ch. 11 Plan On Horizon, Committee Says

    Bankrupt medical tech company UpHealth is in talks with its official committee of unsecured creditors to submit a Chapter 11 plan by the end of April that would pay unsecured debts in full, the committee told a Delaware bankruptcy court in a statement supporting UpHealth's request to extend its exclusive plan filing window.

  • January 19, 2024

    Apple Rival Seeks 9th Circ. Rethink On Statute Of Limitations

    A rival app store developer asked the Ninth Circuit on Thursday to reconsider reviving an antitrust lawsuit against Apple, arguing a divided panel's previous refusal created "new and problematic law" that dramatically increases the burden to survive motions to dismiss based on the statute of limitations.

  • January 19, 2024

    Broadcasters Stress AM Radio's Public Safety Role

    Broadcasters are increasing pressure on Congress and automakers to keep AM radio in vehicles, emphasizing its central role in alerting listeners to public emergencies, six weeks after a bill to require the service fell short on the Senate floor.

  • January 19, 2024

    Apple Offers To Allow 'Tap And Go' Competition In Europe

    Apple is offering to provide third-party access in Europe to the technology used by its iPhones for "tap and go" payments in physical stores as it tries to address concerns from enforcers that Apple Pay is the only service with access to the feature.

  • January 19, 2024

    Off The Bench: Dolan Sued, Bally-Amazon Deal, NIL Hearing

    In this week's Off The Bench, a massage therapist sues the New York Knicks' owner and disgraced movie mogul Harvey Weinstein for sexual assault, Amazon inks a streaming deal with Bally Sports' bankrupt parent, and lawmakers debate a sweeping overhaul of college athlete payment rules.

  • January 19, 2024

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a bankrupt English local council bring a construction claim against property maintenance company Axis, a Cypriot cheese trade protection body appeal a UK IPO decision granting trademark registration for "Grilloumi" and employees of supermarket giant Morrison’s shop around for compensation in a claim over equal pay. Here, Law360 looks at these and other new claims in the U.K.

Expert Analysis

  • Rebuttal

    Law Needs A Balance Between Humanism And Formalism

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    A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.

  • Short Message Data Challenges In E-Discovery

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    As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.

  • The Role Record-Keeping May Play In TCPA Class Cert.

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    Two recent federal court decisions highlight that the viability of the established business relationship exemption for defeating class certification in a Telephone Consumer Protection Act case may depend on the defendant company's record-keeping and policies, says Samantha Duke at Rumberger Kirk.

  • Utah Social Media Restrictions Reach Into Uncharted Territory

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    Utah’s recently passed Social Media Regulation Amendment and the Social Media Usage Amendments require platforms to implement controls to restrict underage users from freely engaging online, which could fundamentally shift how social media sites engage with younger users, says Luke Schaetzel at Benesch.

  • Opinion

    Thomas Report Is Final Straw — High Court Needs Ethics Code

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    As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.

  • Joint Representation Ethics Lessons From Ga. Electors Case

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    The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.

  • Utah Social Media Law May Set Tone For Child Safety Regs

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    Utah’s recently passed Social Media Regulation Act demonstrates growing trends in state laws that aim to protect children and teens online, and offers compliance considerations for social media companies as other states follow suit, say attorneys at Arnold & Porter.

  • Lawyer Discernment Is Critical In The World Of AI

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    In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.

  • FCC's Proposed Robotext Rules Could Fuel More Litigation

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    The Federal Communications Commission recently proposed rules that would make it harder for companies to use text messages for customer communications, marking the latest in a tug of war pitting marketers against the plaintiffs bar and potentially spurring litigation against these companies, say Walter Anderson and Jennifer Bagg at HWG.

  • Don't Forget Alumni Engagement When Merging Law Firms

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    Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.

  • Mexican Reform Bill Threatens Private Sector Investments

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    Following the announcement of an extensive and potentially problematic Mexican reform proposal that targets 23 laws, which could considerably affect the private sector and lead to increased arbitration proceedings, businesses and investors in Mexico should prepare for a likely changing legal landscape, say attorneys at Mayer Brown.

  • Without Stronger Due Diligence, Attys Risk AML Regulation

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    Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.

  • Every Lawyer Can Act To Prevent Peer Suicide

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    Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.

  • 3 Auto Industry IP Trends To Watch In 2023

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    Vehicle manufacturers and suppliers should expect issues stemming from communications technology, dynamic global trade and a particularly prolific patent court to play outsize roles in the automotive industry's intellectual property scene this year, say attorneys at Crowell & Moring.

  • Building On Successful Judicial Assignment Reform In Texas

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    Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.

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