• May 8, 2017

    Class Cert. Denied In TCPA Suit Against Medical Supply Co.

    A proposed telemarketing class action against medical supply company Adelphia Supply Inc. was dealt a setback Friday in Illinois federal court when a Chicago pharmacy’s bid for class certification was denied without prejudice as premature.

  • May 8, 2017

    Straight Path Suitor Offers $3.1B To Again Top AT&T Deal

    Straight Path said Monday it received yet another sweetened offer from an unnamed suitor that values the communications company and its spectrum at $3.1 billion, again labeling a competing bid “superior” to AT&T’s deal as a bidding war heats up.

  • May 8, 2017

    Writers Guild Knocks FCC Probe Of Colbert's Trump Joke

    The Writers Guild of America on Monday criticized the Federal Communications Commission for its intention to investigate whether a joke by talk show host and Writers Guild member Stephen Colbert is obscene.

  • May 8, 2017

    T-Mobile CEO Lobbies FCC For Quick Auction Transition

    T-Mobile’s president and CEO, John Legere, has pushed Federal Communications Commission Chairman Ajit Pai and Commissioners Mignon Clyburn and Michael O’Rielly to make way for the company to begin deploying on the spectrum it won in the airwaves auction.

  • May 8, 2017

    Comcast, Charter Ink Pact For Wireless Collaboration

    Broadband and cable providers Comcast Corp. and Charter Communications Inc. said Monday that they have signed a deal to work together on their emerging wireless phone businesses in order to help them more effectively compete on the national market.

  • May 8, 2017

    Fed. Circ. Gives PTAB Free Hand On Claim Construction

    The Federal Circuit on Monday upheld Patent Trial and Appeal Board decisions invalidating Intellectual Ventures wireless patents challenged by Google and Ericsson, ruling that the board did not violate the licensing company’s due process rights by construing claims in a way no party proposed.

  • May 8, 2017

    Telemarketing Co. Says Proposed Call Class Is Too Broad

    A telemarketing company and its owner shot back on Sunday in Illinois federal court at a bid to certify a class of consumers accusing the pair of violating the Telephone Consumer Protection Act by placing unsolicited calls, saying the current class definition would include members who suffered no injury.

  • May 8, 2017

    Verizon Spectrum Grants Challenged At High Court

    The U.S. Supreme Court should review whether the D.C. Circuit erred in letting the Federal Communications Commission off the hook after the agency ignored its own foreign ownership rules by approving mobile spectrum acquisitions made by Verizon Wireless that allowed an anti-competitive scheme to proceed, a regional telecom provider has argued.

  • May 5, 2017

    Colbert's 'Late Show' Trump Joke Could Prompt FCC Action

    Federal Communications Commission Chairman Ajit Pai said on a talk radio show Friday that the agency is reviewing a comment made on-air by late night talk show host and comedian Stephen Colbert about President Donald Trump to determine whether it’s “obscene” enough to require additional action.

  • May 5, 2017

    Honda Blasts 'Unqualified' Expert In Acura Owners' TCPA Suit

    American Honda Motor Co. has blasted an opposing expert’s submission of additional information days after a class certification hearing, calling him “manifestly unqualified” and saying that the information is neither timely nor helpful in resolving the Telephone Consumer Protection Act suit.

  • May 5, 2017

    $6.5M Pact In TCPA Call Row Gets Final Approval

    A Georgia federal judge on Thursday gave his final stamp of approval to a $6.5 million settlement drawn up to end a putative class action accusing a payment processing service of violating the Telephone Consumer Protection Act by enlisting third parties to blast prospective clients with unwanted prerecorded telemarketing calls.

  • May 5, 2017

    Seattle Boosts Broadband Privacy In Wake Of Bill Nixing Rules

    The city of Seattle has issued a rule to strengthen broadband privacy for consumers a month after President Donald Trump signed a bill eliminating privacy rules for broadband providers set by the Federal Communications Commission late in the Obama administration.

  • May 5, 2017

    Oracle Backs FCC In Nixing Open Internet Regs

    Oracle Corp. in a letter on Friday praised a Federal Communications Commission plan to undo the legal framework for 2015 net neutrality rules, telling the FCC that the draft proposal would be a step forward to update rules “in the complex and converging broadband world.”

  • May 5, 2017

    Rural Broadband Group Wants FCC To Review Privacy Rules

    A trade group for rural internet providers has told the Federal Communications Commission that its privacy rules for telecom companies differ from the Federal Trade Commission’s privacy approach and the agency should take a fresh look at its framework or risk hitting companies with two sets of standards.

  • May 5, 2017

    Navy Telecom Contractor Facing Another Bribery Charge

    A former U.S. Navy Military Sealift Command communications and IT contractor appears to be facing another bribery indictment in Virginia federal court on top of the one that already sent him to prison in early 2015, according to an announcement from the U.S. Department of Justice.

  • May 5, 2017

    FCC Chief Touts Deployment, Deregulation In First 100 Days

    Federal Communications Commission Chairman Ajit Pai said in remarks Friday that the first 100 days of his chairmanship have been a productive period marked by progress on closing the digital divide, boosting innovation, cutting regulatory red tape and improving internal processes.

  • May 5, 2017

    Vivendi, Telecom Italia Offer EU Antitrust Fixes On Deal

    French mass media conglomerate Vivendi and Italian telecommunications company Telecom Italia on Thursday sent to the European Commission proposed fixes to a deal under which Vivendi would take de facto control over the Italian telecom firm, hoping to allay antitrust concerns.

  • May 5, 2017

    FCC’s Broadband Reversal Puts Expanded Access In Doubt

    The Federal Communications Commission’s plan to reverse the classification of broadband as a utility and rethink net neutrality rules may also undercut the agency’s ability to expand broadband through its universal service fund, as it may no longer be deemed an essential telecom service and eligible for support under the program, according to experts and the commission’s sole Democratic member.

  • May 5, 2017

    Feds Urge High Court To Avoid 'Dancing Baby' Copyright Case

    The acting U.S. solicitor general on Thursday filed a long-awaited brief at the U.S. Supreme Court in the so-called dancing baby case over the Digital Millennium Copyright Act, decrying errors in earlier rulings but urging the justices to pass on the case.

  • May 5, 2017

    Deals Rumor Mill: Comcast, Chuck E. Cheese, Rio Tinto

    Cable giants Comcast and Charter Communications will work together to form a wireless partnership, Apollo Global plans to either sell Chuck E. Cheese or take it public, and numerous suitors are vying for Rio Tinto's majority stakes in two Australian mines.

Expert Analysis

  • Arbitration Agreements In Calif. Require Consumer Assent

    Jay Bogan

    In Norcia v. Samsung, the Ninth Circuit ruled that a consumer is not bound to an arbitration clause in a warranty brochure in a box containing a purchased product if the box does not call attention to the existence of the clause. This emphasizes the importance of the old-fashioned concept that a party must have notice of and assent to a contractual provision in order to be bound by it, say Jay Bogan and Allen Garrett of Kilpatrick ... (continued)

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Rebuttal

    Why China Is A Good Place For NPEs

    Erick Robinson

    A recent Law360 guest article's conclusion that China will see little nonpracticing entity activity over the next five years is short-sighted. I currently represent several NPEs in China, and my view is quite different, says ‎Erick Robinson, director of patent litigation at Beijing East IP Ltd.

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.

  • Export Control Enforcement In The Wake Of ZTE Resolution

    Michael Casey

    The $892 million combined penalty against Zhongxing Telecommunications Equipment Corp., which is subject to court approval and would balloon to $1.19 billion if ZTE violates the terms of its settlement agreements, represents the largest fine and forfeiture imposed to date in an export control case. Attorneys with Ropes & Gray LLP review the settlements and discuss the implications for future sanctions and export control enforcement.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.

  • What To Expect From NPE Activity In China

    Jackie Wong

    An affiliate of nonpracticing entity Wi-LAN recently filed a patent suit against Sony in Nanjing, China. NPE activities have rarely been seen in China, so this raises the concern that international NPEs are now stepping in. Chinese patent litigation practice has two factors favorable to NPEs and two factors not favorable to NPEs, says Jackie Wong, legal counsel at Xiaomi Inc.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.

  • Don’t Underestimate The Value Of An Internal Audit

    Justin Gwin

    Most legal and business leaders know that internal culture — including tone, operating style, standard of behavior and shared values that guide employee decisions — can make or break a firm. An internal audit can assess a firm's culture and identify potential issues within the organization, says Justin Gwin of Kaufman Rossin PA.