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Telecommunications
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March 06, 2024
Industry Groups Fight Expanding Digital Discrimination Rules
Three broadband industry groups want the Federal Communications Commission to pump the brakes on its plans for new digital discrimination oversight requirements, at least until the agency has seen how its controversial and recently passed discrimination rules shake out.
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March 06, 2024
Net Neutrality Plan Could Receive FCC Vote By April
As the cable industry again urged the Federal Communications Commission to scrap a Democratic-led plan to restore net neutrality rules, FCC Republican Brendan Carr signaled Wednesday that the proposal could receive a vote as early as April.
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March 06, 2024
Network Biz Investor Challenges Board Removals In Chancery
An early preferred stockholder of PacketFabric sued the network-as-a-service provider in Delaware's Court of Chancery on Wednesday, requesting an order invalidating what it calls a conflicted board cramdown that converted the investor's preferred shares to common stocks and axed its two seats on the company's board.
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March 06, 2024
Sony, ISP File Dueling 4th Circ. Petitions Over $1B Verdict
Cox Communications Inc. has urged the full Fourth Circuit to reconsider a three-judge panel's decision that the internet service provider is liable for willfully contributing to copyright infringement in a lawsuit from music publishers, arguing the panel's conclusion upholding a jury's finding makes the circuit "the most severe" regime in the country.
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March 06, 2024
PTAB Turns Off Dali Antenna Patent In 2 Texas Cases
A pair of rulings from an administrative board has gutted the language in a patent covering antenna technology that had been at issue in a web of dismissed lawsuits in Texas.
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March 06, 2024
Cruz Wants FCC Subsidy System Turned Over To Congress
Sen. Ted Cruz, R-Texas, on Wednesday floated a plan to convert the Federal Communications Commission's multibillion-dollar subsidy system for low-income telecom services to direct congressional control, citing spiraling costs.
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March 06, 2024
Juniper Networks Sued In Del. For Details On $14B HP Sale
Leaders of artificial intelligence networking platform Juniper Networks Inc. are breaching their duties to stockholders by withholding material information about the company's recently announced $14 billion acquisition by Hewlett Packard Enterprise Co., a Juniper shareholder alleged Wednesday in a Delaware Court of Chancery complaint.
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March 05, 2024
Google Keeps Win In 'Lockbox' Privacy Suit At 9th Circ.
A Ninth Circuit panel on Tuesday refused to revive a proposed class action alleging that Google's "Lockbox" program secretly collected information about Android owners' non-Google app use, saying Google clearly disclosed in its privacy policy that it tracks activity in third-party apps.
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March 05, 2024
Judges Unsure On Atty Sanctions In Robinhood Spam Suit
Class counsel sanctioned $750,000 for helping instigate a spam text suit against Robinhood Financial likely engaged in "shenanigans," a Washington appeals judge said Tuesday, though a colleague on the bench questioned whether those sanctions should stick if Robinhood was nevertheless liable in the case.
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March 05, 2024
App Store Users Tell 9th Circ. To Reject Class Cert. Appeal
Consumers pressed the Ninth Circuit on Tuesday to not take up Apple's appeal of the certification of millions of App Store users, arguing the class action raises none of the issues justifying immediate intervention before trial on allegations targeting the technology giant's iron grip over app distribution on iPhones.
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March 05, 2024
UPS, AT&T Can't Avoid ESG Proxy Proposals, But BofA Can
U.S. Securities and Exchange Commission staff have indicated they won't let UPS and AT&T get out of including shareholder proposals on environmental and social matters from their upcoming proxy statements, while letting Bank of America exclude two ESG-related proposals.
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March 05, 2024
Gibson Dunn AI Leader On Weathering The AI Policy Blizzard
Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.
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March 05, 2024
Senate Dem Sees Votes For Broadband Discount Funding
A key Democratic senator said late Tuesday he sees momentum growing on Capitol Hill for at least a short-term funding renewal for the embattled Affordable Connectivity Program.
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March 05, 2024
House Bills Take Big Swing At TikTok
On Thursday, the House Energy and Commerce Committee will once again scrutinize TikTok and consider legislation to shore up national security concerns that the technology company decried as an "outright ban."
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March 05, 2024
Ill. Atty Tells 1st Circ. Feds Botched Venue For Scam Case
An Illinois lawyer convicted of receiving proceeds from business email compromise schemes orchestrated by others told the First Circuit on Tuesday that Massachusetts was the wrong place for him to have been tried, urging the appeals court to dismiss the charges underlying the guilty verdict.
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March 05, 2024
FCC Looks To Ban Bulk Billing In Apartment Buildings
The Federal Communications Commission is considering banning bulk broadband billing in apartment buildings, with the hopes of expanding choice and lowering costs for residents of multi-tenant buildings, FCC Chair Jessica Rosenworcel said in a release Monday.
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March 05, 2024
Ericsson Elevates DOJ Veteran To Compliance Head
Swedish telecommunications giant Ericsson said Tuesday it has chosen a lawyer from within its own legal department as the next leader of its compliance department.
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March 05, 2024
Fried Frank Guides Viavi's £1B Deal For UK Rival
Communications group Viavi said on Tuesday it has agreed to buy telecom testing specialist Spirent for around £1 billion ($1.26 billion) to strengthen its artificial intelligence expertise and wireless infrastructure work.
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March 04, 2024
USPTO Can't See Snapchat 'Spectacles' IP Win Ahead Of Trial
A California federal magistrate judge rejected Monday the U.S. Patent and Trademark Office's bid for a summary judgment win in a lawsuit by Snapchat's parent company seeking to secure trademark rights to the word "Spectacles" for its flagship virtual-reality product, sending the intellectual property dispute to a March 12 bench trial.
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March 04, 2024
Apple Inks Deal To End Derivative Suit Over Slow IPhones
Apple investors are urging a California federal judge to approve a noncash settlement of their derivative shareholder suit claiming the tech giant's top brass secretly slowed older iPhones, saying the deal will bring needed board committee reforms and notify consumers about battery options when their phones' performance degrades.
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March 04, 2024
Elanco Urges Justices To Preserve Junk Fax Win
Pet medicine company Elanco Animal Health Inc. has told the U.S. Supreme Court that its faxed invitations to a veterinarian seminar don't count under the Telephone Consumer Protection Act's prohibition on unsolicited fax advertisements, as the Seventh Circuit ruled in July.
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March 04, 2024
No 'Major Questions' Dispute In Net Neutrality, FCC Told
Despite what Republicans say, the FCC's decision to resurrect Obama-era net neutrality rules that were thrown out by former President Donald Trump's administration does not trigger the major questions doctrine, open internet advocate Public Knowledge told the agency recently.
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March 04, 2024
Advocacy Group Pushes FCC For Hearing On Fox License
The FCC should order Fox Television Stations to turn over the documents that an advocacy group says it needs to build its case that the company's Philadelphia affiliate should lose its license for hawking election conspiracy theories, that group told the agency.
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March 04, 2024
OpenAI Judge Denies Writers' Calif. IP Case 'First-To-File' Bid
A California federal judge ruled Friday that a group of authors suing OpenAI for alleged copyright infringement cannot bar the Microsoft-backed company from defending itself against a similar suit in New York federal court, saying the plaintiffs' argument that the artificial intelligence startup engaged in forum shopping "holds no sway."
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March 04, 2024
Feds Urged Not To Let Mobile Cos. 'Centralize' Airwaves
Mobile networks should not be allowed to amass so much of the airwaves that they inadvertently crowd out national security technologies or sideline shared spectrum models, a group of experts told the U.S. Commerce Department.
Expert Analysis
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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Broadcast Deal Parties, Beware In-House FCC Hearings
Potential buyers and sellers in the telecom space should take note of the recent collapse of Standard General's attempted takeover of Tegna, which could not find its way out of a procedural maze created by the Federal Communications Commission's administrative law judge review, says Dennis Corbett at Telecommunications Law Professionals.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Opinion
FCC Caller Authentication Rules Are Counterintuitive
The Federal Communications Commission's recently adopted STIR/SHAKEN caller authentication rules were intended to stop robocalls, but are instead causing businesses to lose control of whether they are being identified properly or at all by various terminating carriers, leading to inaccurate labeling of calls, says Ray Pasquale at Unified Office.
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Practical Steps For Compliance Leaders Amid Evolving Risks
As corporate compliance leaders face evolving challenges, from changing regulatory expectations to new technology, they can implement certain action items to optimize their compliance programs for today’s environment, say consultants at Charles River Associates.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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4 Paths To Defending Calif. Unfair Competition Claims
In its recent Epic Games v. Apple decision, the Ninth Circuit fairly underscored the broad scope of California's unfair competition law, but at the pleading stage and beyond, defendants should give particular consideration to the applicability of four nuanced and UCL-specific paths to resolution, say attorneys at Munger Tolles.
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Fintiv Discretionary Denials Seem To Be Back At PTAB
The significance of discretionary denials in inter partes reviews since the 2020 Fintiv decision has surged and ebbed, but recent Patent Trial and Appeal Board decisions signal a potential comeback — requiring patent litigators to recalibrate their strategies, say Josepher Li and Michelle Armond at Armond Wilson.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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Cos. Should Stay Alert After Florida's Mini-TCPA Amendment
Despite an amendment narrowing the scope of the Florida Telephone Solicitation Act to curtail frivolous litigation, businesses that advertise using telephone calls and text messages should still maintain robust compliance, as the law could lead to challenges regarding its meaning and application, says Alexis Buese at Gunster.
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How To Navigate Class Incentive Awards After Justices' Denial
Despite a growing circuit split on the permissibility of incentive awards, the U.S. Supreme Court recently declined to hear cases on the issue, meaning class action defendants must consider whether to agree to incentive awards as part of a classwide settlement and how to best structure the agreement, say attorneys at K&L Gates.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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Prepping Your Business Ahead Of Affirmative Action Ruling
The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.