• July 27, 2017

    Cloud Computing Co. Must Pay Sales Tax, Says NY Agency

    New York state’s Department of Taxation and Finance published an advisory opinion Wednesday concluding that a company that provides cloud computing software that boosts telecommunications systems must pay state sales taxes for “prewritten software” licensed to New York-based systems.

  • July 26, 2017

    Qualcomm Fires Back In Quest For IPhone Block In IP War

    Qualcomm struck back in the International Trade Commission on Monday against Apple, Intel and others opposing its effort to block imports of iPhones that allegedly infringe Qualcomm patents, arguing the companies mounted a “coordinated effort” to blow legitimate infringement claims out of proportion.

  • July 26, 2017

    NJ The 6th State To Give FirstNet The Green Light

    Backed by Gov. Chris Christie’s office, New Jersey has become the sixth state to opt in to the multibillion-dollar FirstNet emergency response network, the project’s organizers announced Tuesday.

  • July 26, 2017

    Senate Panel Quizzes Commerce GC Pick On Science, Climate

    Verizon’s former top congressional advocate fielded questions about climate change, sound science and government management from a Senate panel Wednesday as he seeks a Commerce Department post as the agency’s general counsel.

  • July 26, 2017

    Apple Gets Faulty IPhone Screen Claims Trimmed

    A California federal judge on Tuesday tossed warranty claims and some consumer fraud claims against Apple Inc. in a proposed class action alleging the technology giant failed to fix a touch-screen defect in iPhone 6 and iPhone 6 Plus devices that caused unresponsiveness and bending.

  • July 25, 2017

    Apple Users Denied Cert. In 'Secure By Design' False Ad Suit

    A California federal judge on Tuesday refused to certify a class alleging Apple Inc. falsely advertised certain devices as “secure by design” when it knew third-party applications could siphon off private data, finding the consumers hadn’t shown they relied on statements about specific security features.

  • July 25, 2017

    Fed. Circ. Won't Undo Sprint's $30M Patent Loss Mandate

    A Federal Circuit panel Monday declined Tuesday to recall a decision affirming a $30 million infringement verdict against Sprint Spectrum in a suit from Prism Technologies LLC over two network security patents, ruling that it would not impact Sprint’s motion at the district court level.

  • July 25, 2017

    FCA First-To-File Bar Applies In Verizon Suit, DC Circ. Says

    The D.C. Circuit on Tuesday affirmed the dismissal of a False Claims Act suit accusing Verizon of overbilling the government on telecommunications contracts, ruling an amended complaint cannot be used to revive an FCA case that had been tossed because of an earlier related suit.

  • July 25, 2017

    Clearwire Ruling Shines Light On Appraisal Arbitrage Risks

    The Delaware Chancery Court's recent opinion appraising the fair value of Clearwire Corp. stock at nearly 60 percent below the Sprint Nextel Corp. buyout price delivered a stunning blow to the so-called appraisal arbitrage practice that highlights its enormous risks, but is unlikely to stem the tide of such challenges in a climate that still favors them, experts say.

  • July 25, 2017

    5th Circ. Says Several T-Mobile Workplace Rules Pass Muster

    The Fifth Circuit on Tuesday mostly struck down a National Labor Relations Board ruling that invalidated various T-Mobile and MetroPCS employee handbook rules, including workplace behavior requirements, but upheld the illegality of a rule banning workplace recordings.

  • July 25, 2017

    Fed. Circ. Affirms PTAB Decision To Nix Part Of Phone Patent

    While the Federal Circuit said Tuesday that a Patent Trial and Appeal Board decision invalidating part of a Spherix Inc. patent for a cordless telephone could have been “more detailed,” the appeals court said it wasn’t wrong to find the disputed claims were unpatentable.

  • July 25, 2017

    Apple Hit With $506M Judgment In U. Wis. Infringement Spat

    A Wisconsin federal judge on Monday entered a $506 million judgment against Apple Inc. for infringing a computer processor patent owned by the Wisconsin Alumni Research Foundation, more than double what a jury awarded the organization in damages in October 2015.

  • July 25, 2017

    Qualcomm Strikes Back At Apple’s Expanded Royalty Suit

    Qualcomm has asked a California federal court to dismiss claims surrounding nine patents that it says aren’t in dispute in Apple’s suit accusing the chipmaker of demanding excessive royalties for the use of its chips in iPhones and similar devices.

  • July 25, 2017

    Fed. Circ. Denies Hughes' Bid To Move Patent Suit From EDTX

    The Federal Circuit on Monday denied a bid from Hughes Network Systems LLC to transfer a patent suit out of the Eastern District of Texas but hinted it might not agree with the growing consensus among district courts that the U.S. Supreme Court’s TC Heartland decision was not a change in the law.

  • July 25, 2017

    Attys Want $4.45M In Fees In Wells Fargo's TCPA Settlement

    Attorneys representing a class of 3.2 million consumers who allege that Wells Fargo violated the Telephone Consumer Protection Act by autodialing their phones without consent asked a Georgia federal court on Monday to award them more than $4.45 million in fees after they secured a $14.8 million settlement to resolve the dispute.

  • July 25, 2017

    India's Regulator Greenlights $23.2B Vodafone, Idea Merger

    The U.K.’s Vodafone Group PLC and Aditya Birla Group’s Idea Cellular Ltd. have won approval from India’s competition regulator to go ahead with a $23.2 billion merger that is poised to create the country’s largest telecommunications operator.

  • July 25, 2017

    FCC Republicans Unlikely To Be Convinced On Net Neutrality

    Republican leaders of the Federal Communications Commission said Tuesday that they would require “substantive comments” including “economic analysis” to persuade them to vote against an impending repeal of Title II broadband regulation, the legal footing for the agency’s 2015 net neutrality rules.

  • July 24, 2017

    Orange Didn't Steal IP, Owes $1 For Breach Of Terms: Jury

    A California federal jury largely cleared Orange SA in a intellectual property and computer fraud lawsuit on Monday, finding it didn't misappropriate the defunct startup Telesocial Inc.’s trade secrets and that it owed just $1 for breaching Telesocial’s terms of use.

  • July 24, 2017

    Class Says Experian Can’t Block American Eagle TCPA Deal

     A class that reached a proposed $14.5 million settlement with American Eagle Outfitters in a Telephone Consumer Protection Act suit over unsolicited texts told a New York federal court Friday that Experian's marketing unit lacks standing to object to the deal because it was dismissed from the case.

  • July 24, 2017

    Judge Revises Ruling In Telecoms' Suit Against Illinois Bell

    A Missouri federal judge on Monday excluded certain billing disputes as untimely from a lawsuit launched by Level 3 Communications and others against the Illinois Bell Telephone Company and multiple other state Bell entities, altering a decision back in April to keep the case mostly intact.    

Expert Analysis

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Obviousness May Soon Return To High Court

    Derek Dahlgren

    Consensus is building that the U.S. Supreme Court should grant the petition to hear Samsung v. Apple. The issue that has received the most attention from the amici briefs and the most pages from the parties is how the Federal Circuit applied the obviousness analysis, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • 'Dancing Baby' Copyright Case Through A Proper Lens: Part 2

    David Lichtman

    The Ninth Circuit was correct in its finding that any fair-use analysis for a Digital Millennium Copyright Act takedown notice is a fact-based, subjective determination. According to the Lenz petition for certiorari, the Ninth Circuit’s decision would open the floodgates for a slew of unreasonable claims as grounds for removal of online speech — but the petition conflates incorrectly “subjective beliefs” with “unreasonable beliefs,... (continued)

  • 'Dancing Baby' Copyright Case Through A Proper Lens: Part 1

    David Lichtman

    The question presented to the U.S. Supreme Court in Lenz v. Universal Music, as framed by the anti-copyright group the Electronic Frontier Foundation, somewhat misstates what the Ninth Circuit actually held in the underlying case, and the petition for certiorari does not actually address the most important issue raised by the case, say David Leichtman of Leichtman Law PLLC and Sherli Furst of Robins Kaplan LLP.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • FCC And Congress May Reshape The Media Landscape

    Rebekah Goodheart

    In the near future, actions taken by Congress and the Federal Communications Commission are likely to pave the way for greater media consolidation without violating the commission's media ownership rules. As a result, the media landscape is likely to look different in a few years from now, say Rebekah Goodheart and Samuel Jacobson of Jenner & Block LLP.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • 2 Dish Network Defeats Suggest TCPA Is Not Dead Yet

    Alan Wingfield

    Much has been said about the stakes at play in the pending appeal involving the Telephone Consumer Protection Act in the D.C. Circuit. While many await the decision in ACA v. Federal Communications Commission, two recent Dish Network cases in North Carolina and Illinois continue to provide devastating critiques of compliance failures, say attorneys with Troutman Sanders LLP.