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Telecommunications
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February 20, 2024
4th Circ. Orders Redo On Sony's $1B Music Piracy Damages
Cox Communications Inc. is liable for contributing to copyright infringement against Sony Music Entertainment and others, but a Virginia federal court went too far by applying vicarious liability as well and needs to redo its $1 billion damages determination, the Fourth Circuit ruled Tuesday.
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February 20, 2024
Epic Calls Apple's $73M Fees Bid An Overreach
Epic Games blasted Apple on Friday for seeking $73.4 million in legal fees following the pair's California federal court antitrust battle over App Store payment fees, arguing that antitrust claims like Epic's are immune from legal fees and that Apple cannot wrap its demands in successful contract breach counterclaims.
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February 20, 2024
Justices Give Feds Time In Texas, Fla. Social Media Law Fights
The U.S. Supreme Court has set aside time for the federal government to weigh in on looming oral arguments in cases to determine the constitutionality of controversial Texas and Florida laws that restrict social media companies' ability to curb users' speech.
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February 20, 2024
EU Approves Orange's €18.6B Spanish Telecoms JV
Europe's competition enforcer on Tuesday approved a deal for Orange SA and MasMovil Ibercom SA to combine their operations in Spain through a €18.6 billion ($20.3 billion) joint venture after the companies agreed to sell spectrum to a growing mobile operator in the country.
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February 20, 2024
FCC Panel To Focus On AI's Consumer Impact
The Federal Communications Commission set a consumer advisory panel back into motion Tuesday, with the impact of artificial intelligence on the telecom industry as a top priority.
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February 20, 2024
Justices Won't Hear Apple Patent Challenge In $576M Case
The U.S. Supreme Court refused Tuesday to consider if Apple should have been barred from joining a successful challenge to network security patents in a $576.5 million case, turning down cybersecurity company VirnetX Inc.'s argument that Apple's petition was filed too late.
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February 16, 2024
FCC Needs Enforcement Ombudsman, Ex-Agency Atty Says
The Federal Communications Commission should consider a wide range of enforcement-related reforms, including creating an ombudsman's office to help companies navigate disputes that crop up during FCC investigations, a former agency general counsel has argued in a new industry-backed paper.
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February 16, 2024
Samsung Ordered To Arbitrate Hundreds Of BIPA Claims
An Illinois federal judge has ordered Samsung Electronics to arbitrate 806 customers' biometric-privacy claims and to pay the American Arbitration Association for fees it owes in the slew of disputes, ruling that the company can't refuse to arbitrate under its own binding agreements.
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February 16, 2024
Fed. Circ. Revives Comcast Patent Case, And Warns Its Atty
The Federal Circuit on Friday revived a patent suit against Comcast over voice recognition technology, finding that a lower court misinterpreted the patents, and reprimanded a Comcast attorney from Weil Gotshal & Manges LLP for exceeding word counts in a brief in a related case.
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February 16, 2024
FCC Offers Incentives So Small Carriers Can Use Spectrum
The Federal Communications Commission's new program to encourage spectrum licensees to divvy up their unused airwaves for sublease to smaller and more rural carriers is now up and running and accepting applications.
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February 16, 2024
States Defend Authority To Bring Texas Google Ad Tech Case
State enforcers have told a Texas federal court they have standing to sue Google for allegedly violating federal antitrust law with its control over key digital advertising technology, arguing that states play an important role in enforcing the statutes and that Google's dismissal bid is unfounded.
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February 16, 2024
Malware Schemer 'Tank' Pleads Guilty To Stealing Millions
Accused hacker group leader Vyacheslav Igorevich Penchukov, known online as "Tank," pled guilty in Nebraska federal court to charges stemming from two malware schemes Thursday.
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February 16, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a legal battle erupt between JPMorgan and the founder of a Greek payments company following a dispute over the valuation of their jointly owned fintech business, the children of late Russian oligarch Vladimir Scherbakov face a claim by Fieldfisher LLP, the Director of Education and Training at the Solicitors Regulation Authority tackle a claim by two solicitors, and train operator First MTR South Western Trains file a claim against a security company. Here, Law360 looks at these and other new claims in the U.K.
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February 15, 2024
Home Depot, Google Sued Over AI Customer Call Monitoring
Home Depot and Google were hit with a proposed class action in California federal court Wednesday, accusing them of deploying artificial intelligence technology to surreptitiously "eavesdrop" on calls between customers and Home Depot's representatives without permission, in violation of Golden State privacy laws.
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February 15, 2024
FCC Wants Licensing Revamp To Help Hatch Space Industries
The Federal Communications Commission on Thursday proposed ways to streamline federal licensing needed to support an array of services in space, including manufacturing and parts assembly.
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February 15, 2024
FCC Makes It Easier To Revoke Robocall Consent
The Federal Communications Commission has ushered in new rules that are supposed to make it easier than ever for consumers to revoke previously given consent to receive telemarketing calls and text messages.
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February 15, 2024
7th Circ. Questions $4M Samsung Arbitration Fee Order
The Seventh Circuit seemed skeptical Thursday that more than 35,000 Samsung consumers had enough evidence to prove the telecommunications giant should pay $4 million in individual biometric privacy arbitration fees, as one judge also questioned whether the appeal is properly before the court.
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February 15, 2024
Lenovo, Motorola Lose Injunction Bid In IP License Fight
A North Carolina federal judge has rejected a bid from Lenovo and Motorola Mobility to block Ericsson from being able to enforce injunctions it got in other countries barring sales of Lenovo products in those countries.
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February 15, 2024
Biz Groups Urge Feds To Back WTO's Block On Digital Duties
Major U.S. trade and business groups, including the U.S. Chamber of Commerce and the National Foreign Trade Council, urged U.S. officials to back the World Trade Organization's suspension of tariffs on electronic transmissions ahead of a renewal vote later this month.
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February 15, 2024
State Dept. Offers $5M For Info On 'BlackCat' Ransomware Group
The State Department is offering millions for information on the "BlackCat" ransomware, claiming that the AlphV cybercrime group has compromised over 1,000 entities globally.
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February 15, 2024
FCC To Expand Emergency Alerts In Multiple Languages
The Federal Communications Commission proposed new rules Thursday that would make it easier to broadcast emergency alerts in multiple languages on TV and radio.
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February 15, 2024
GSA Probed For Buying Banned Chinese Conferencing Cams
The House Oversight Committee's Subcommittee on Cybersecurity, Information Technology, and Government Innovation is probing the General Services Administration's purchase of videoconference cameras made in China following a recent report by the GSA's internal watchdog the subcommittee said raised alarming questions.
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February 14, 2024
Google's Use Of User Data Quotas Draws 9th Circ. Analogies
A Ninth Circuit panel Wednesday struggled to find an apt analogy for a property claim made by Android users alleging in a proposed class action that Google illegally uses their purchased data allotments to transmit information back to the company, comparing the intangible data to electricity or an annuity, among other hypotheticals.
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February 14, 2024
Network Group Wants Faster Access To Utility Poles
Federal regulators must push for further reforms in order to expedite talks between utility pole owners and high-speed equipment attachers on how to divvy up pole upgrade costs, a broadband trade group said.
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February 14, 2024
FCC Nixes NM Schools' Bid For Cancelled Radio Stations
The Albuquerque Board of Education has no relationship with the person who surrendered two radio station licenses and, therefore, cannot petition the Federal Communications Commission to undo that decision and hand the licenses over to them as "trustees," the agency has declared.
Expert Analysis
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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Section 214 Order Solidifies FCC's Role In National Security
In its recent approval of an order to collect foreign ownership information from international Section 214 authorization holders, the Federal Communications Commission demonstrates its formal commitment to improving efforts to protect national security and international telecommunications services, say attorneys at Mayer Brown.
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Why Ericsson DPA Breach Is Precedent-Setting
Swedish telecommunications company Ericsson recently faced several penalties for breaching a deferred prosecution agreement, revealing a sobering new precedent for when the U.S. Department of Justice will find an entity in noncompliance, so companies should be prepared to revisit pre-resolution disclosures, say James Koukios and Sarah Maneval at MoFo.
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Metaverse Presents New Challenges For Data Preservation
With regulators increasingly requesting data — and recordings — from virtual meeting applications, and cracking down on employee use of ephemeral messaging, companies have hints of what's to come for metaverse-generated data and should consider the technological capabilities of the metaverse and governance of its data, says Timothy Taylor at Holland & Knight.
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Failed Tegna Deal Reveals Increasing Merger Review Hurdles
A deeper look at how the Tegna-Standard General deal derailed during merger review suggests some practical steps that firms should consider to close transactions when dealing with multiple federal agencies operating under a whole-of-government antitrust enforcement approach, say Jody Boudreault and Katherine Dutcher at Baker Botts.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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G7 Russia Restrictions May Further Complicate Compliance
New sanctions and export controls announced at the G7 summit targeting parties that help Russia circumvent existing restrictions signal continued multilateral commitment to intensifying economic pressure on Russia, and underscore the increasing compliance challenges for companies that pursue Russia-related opportunities, say attorneys at Ropes & Gray.
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A Look At Corwin Cleansing After Chancery Edgio Ruling
The Delaware Chancery Court's denial of Corwin cleansing in an action seeking post-closing injunctive relief in the Edgio stockholders case has potentially significant implications for corporations and their boards in the negotiation of investment agreements with significant stockholders, say attorneys at Cleary.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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The Multimillion-Dollar Patent Consequences Of 'A' Vs. 'The'
Two Federal Circuit cases last month provide exemplary applications of both the general rule and its exception when interpreting the exact meaning of the indefinite articles "a" and "an" in patent claims, say attorneys at Shearman.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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Opinion
Radical Reform Is Needed So Small Biz Can Better Assist DOD
A recent U.S. Senate subcommittee hearing was a good first step in identifying national security implications of barriers to entry for small businesses selling to the U.S. Department of Defense, but the DOD and Congress must keep up momentum to prevent small business participation from declining further, says Jessica Lehman at Verizon.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.