• September 29, 2017

    ESPN App User Backed By Privacy Watchdog In 9th Circ. Row

    Privacy watchdog the Electronic Privacy Information Center on Thursday backed up an app user accusing ESPN of running afoul of the Video Privacy Protection Act, arguing before the Ninth Circuit that Congress gave consumers standing to sue when it enacted the law.

  • September 28, 2017

    5 Tax Fights To Watch In The Supreme Court

    The U.S. Supreme Court is facing a number of headline-grabbing tax cases that could change the landscape of unclaimed property laws, restrict the government’s prosecutorial power under a section of the federal tax code, and upend sales tax laws pertaining to the online marketplace.

  • September 28, 2017

    Apple Should Activate FM Chip For Emergencies, Pai Says

    Apple continued to weather criticism Thursday over its decision to keep FM chips in iPhones deactivated despite their usefulness during emergencies, with Federal Communications Commission Chairman Ajit Pai calling on the tech giant to “step up to the plate and put the safety of American people first.”

  • September 28, 2017

    AT&T Seeks Quick Win On Claims It Owes $19M In Fees

    AT&T Corp. urged a California federal judge Thursday to throw out allegations it shorted local phone company O1 Communications Inc. of $19 million in long-distance interconnection fees, arguing an appeals court had already found the rates were inflated in violation of federal regulations.

  • September 28, 2017

    Telia's No-Monitor FCPA Deal Could Be A Model

    Swedish telecommunications firm Telia Co. AB recently settled foreign bribery allegations for a total of nearly $1 billion but will not have to hire a corporate monitor — a feature that experts say other companies will seek to emulate in future criminal resolutions.

  • September 28, 2017

    Groups Ask High Court To Rethink Net's Title II Status

    A handful of telecom industry groups filed cert petitions on Thursday asking the U.S. Supreme Court to undo a D.C. Circuit decision that approved the classification of internet service as a Title II public utility and greenlighted the net neutrality rules currently in effect.

  • September 28, 2017

    Ex-Telecom Boss Gets Time Served In Haiti Teleco FCPA Case

    A former director at Miami-based Cinergy Telecommunications Inc. accused of bribing Haitian telecom officials in violation of the Foreign Corrupt Practices Act more than 10 years ago has been sentenced by a Florida federal judge to time served.

  • September 28, 2017

    FCC Chairman Pai's Reconfirmation Heads Toward Final Vote

    The U.S. Senate voted Thursday to limit debate on Federal Communications Commission Chairman Ajit Pai’s nomination to a second five-year term on the commission.

  • September 28, 2017

    Telecom Lands Quick Win In Axed TV Station Deal

    An Ohio federal judge on Wednesday concluded that allowing the owners of a local TV station to pull out of an agreement to sell certain assets to Novia Communications would be an injustice, handing Novia a partial quick win in a lawsuit it filed over the nixed deal. 

  • September 27, 2017

    Feds Urge High Court To Uphold Cellphone Location Searches

    The federal government is pushing the U.S. Supreme Court to allow law enforcement officials to obtain historical cellphone location information without a warrant, arguing that individuals can't claim a right to privacy in records that wireless carriers create and maintain for business purposes.

  • September 27, 2017

    White House Goals Include Broadband Funding: Adviser

    The Trump administration’s technology agenda is focused on removing barriers to internet service expansion and including broadband funding in a future infrastructure package, a White House policy adviser said Wednesday.

  • September 27, 2017

    Fox Was Flaky On ‘Planet Of Apes’ Games, $3M Suit Says

    A Twenty-First Century Fox Inc. unit dodged deadlines and gave unclear instructions to a video game developer producing “War for the Planet of the Apes” film tie-in games, costing the developer $3 million, according to a suit filed in California federal court Tuesday.

  • September 27, 2017

    Ex-Sprint Retailer Slaps Rival With $31.6M Fraud Suit

    A former New England-based mobile phone retailer for Sprint devices on Tuesday sued a rival that allegedly bought its locations in 2011 for a fraction of what they were worth, alleging that it is due $31.6 million after the buyer fraudulently represented the terms of the deal.

  • September 27, 2017

    Pai FCC Renomination Takes Heat As Senate Vote Approaches

    Sen. Maria Cantwell, D-Wash., on Wednesday became the latest to criticize FCC Chairman Ajit Pai’s continued leadership of the agency, saying from the Senate floor that she will actively oppose his renomination ahead of an anticipated vote.

  • September 27, 2017

    Spectrum Dubs TCPA Unconstitutional In Call Dispute

    Spectrum challenged the constitutionality of recent amendments to the Telephone Consumer Protection Act on Tuesday, telling a California federal judge overseeing litigation accusing the company of making autodialed calls that the changes violate the First Amendment by creating exemptions for government-sent messages about debts while barring similar private calls.

  • September 27, 2017

    Ericsson Says HTC Wireless Royalties Suit Belongs In Texas

    Ericsson Inc. told a Washington federal court Monday that a suit brought by HTC America Inc. alleging excessive royalty demands for aging standard-essential patents should be dismissed for lack of jurisdiction or, alternatively, moved to Texas, as Ericsson's U.S. operations are based there.

  • September 26, 2017

    FTC Fights DirecTV Bid To End $4B False Ad Trial

    The Federal Trade Commission urged a California federal judge Tuesday to reject DirecTV’s bid to cut short a paused bench trial and dismiss the agency’s $4 billion false advertising suit against the satellite TV provider, arguing it had introduced hundreds of deceptive ads as evidence.

  • September 26, 2017

    Qualcomm Must Face Chip Antitrust Allegations, Buyers Say

    A group of cellular device purchasers asked a California federal judge Monday to deny Qualcomm Inc.'s bid to dodge multidistrict litigation accusing the company of abusing its dominance in the modem chip market, saying they are allowed to seek redress under federal and state antitrust laws.

  • September 26, 2017

    Miami-Based 'Pirate' Radio Station Faces Max FCC Fines

    An unlicensed “pirate” radio station operating out of Miami hit choppy water Tuesday after the Federal Communications Commission proposed steep fines against both its programming provider and, for the first time ever, the property owners whose backyard housed the illegal station’s transmission equipment.

  • September 26, 2017

    FCC Inches Closer To Toll-Free Number Auctions

    The Federal Communications Commission on Tuesday moved forward with a notice of proposed rulemaking that would allow it to auction off popular toll-free numbers under the new 833 code and permit people to assign numbers to others for a fee.

Expert Analysis

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • A Summer Update On FCPA: Part 1

    Michael Skopets

    July produced a small uptick in Foreign Corrupt Practices Act enforcement resolutions, including a U.S. Securities and Exchange Commission settlement with Halliburton — the first corporate disposition entered into by the Trump administration — and three individual enforcement actions, say Michael Skopets and Marc Bohn of Miller & Chevalier Chtd.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Recent Delaware Opinions Shake Up Appraisal Litigation

    Meredith Kotler

    In the space of less than two weeks, the Delaware courts issued two landmark appraisal decisions that, when combined with recent statutory changes, likely will dampen “appraisal arbitrage” activities going forward, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Venturing Into The Land Of Location Data Collection

    Sheila Pham

    As mobile apps become more customizable to users’ experiences and locations, the data provided and potentially obtained through those customizations become more specific and personal. However, where technology continues to advance at a rapid rate, the law often follows far behind, say Sheila Pham and Mark Mao of Troutman Sanders LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks


    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • DC Circ. And 4th Circ. Strengthen FCA First-To-File Bar

    John Elwood

    Last month, the D.C. Circuit in Cellco and the Fourth Circuit in Halliburton ruled that the first-to-file bar requires dismissal of False Claims Act actions brought while an earlier-filed action was pending, even if that earlier-filed action was later dismissed. It just became much harder for relators to bring qui tam cases related to earlier FCA actions, say John Elwood and Ralph Mayrell of Vinson & Elkins LLP.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.