Telecommunications

  • July 01, 2021

    Alexa Listens To Protected Info, Health Care Workers Say

    Amazon faces a new proposed class action brought by health care industry workers around the U.S. who say the company never told consumers that human analysts "freely listen" to unintentionally triggered Alexa recordings — including communications protected under HIPAA.

  • July 01, 2021

    Breaking Down The Vote: The High Court Term In Review

    A new justice. Surprise coalitions. A first lone dissent from the chief justice. And, in the last push to the end of the term, two opinions that saw the justices sharply divided along partisan lines on questions of politics and elections. Here, Law360 takes a data dive into the numbers behind this court term.

  • June 30, 2021

    Judge Blocks Enforcement Of Fla. Social Media Law

    A Florida federal judge granted a preliminary injunction Wednesday prohibiting enforcement of a new Florida law that restricts social media companies from blocking political candidates, finding that the law is "nowhere close" to furthering a compelling state interest or being narrowly tailored.

  • June 30, 2021

    Deadline For Implementing Anti-Robocall Technology Arrives

    As of Wednesday, major U.S. voice service providers were required to adopt technology meant to weed out illegally masked call traffic.

  • June 30, 2021

    Record Labels Beat RCN Claims In Piracy Suit — For Now

    A New Jersey federal judge on Wednesday tossed RCN Telecom Services LLC's counterclaims against major record labels and a copyright enforcement business, finding that the internet service provider failed to demonstrate that it was financially harmed from receiving millions of emails that notified it of potential copyright infringement.

  • June 30, 2021

    Fed. Circ. Faults Albright's OK Of Patent 'Venue Manipulation'

    The Federal Circuit on Wednesday ordered Judge Alan Albright to transfer a patent case out of the Western District of Texas, saying he should not have credited a plaintiff's "ephemeral and artificial" argument that it could not have sued Samsung and LG anywhere else.

  • June 30, 2021

    AT&T Wants Ex-BigLaw Attys DQ'd From $450M Patent Case

    AT&T on Tuesday asked a New York federal court to disqualify a former Baker Botts attorney and two former Akin Gump attorneys from representing a company that hit the telecom giant with a $450 million patent infringement suit, arguing that the lawyers previously provided extensive legal services for AT&T.

  • June 30, 2021

    FTC's Facebook Case Down, But Not Out, After Dismissal

    The Federal Trade Commission has a chance to revive its case accusing Facebook of antitrust violations despite a dismissal in D.C. federal court this week, but questions remain about the best path forward for the landmark challenge to the social media giant's purported dominance.

  • June 30, 2021

    After AMG Loss, FTC Can't Get Money Award In False-Ad Suit

    Just two months after the U.S. Supreme Court gutted the Federal Trade Commission's power to seek court-ordered restitution, a California federal judge said the FTC fell short in using another part of its statute to recover money in a false-ad case.

  • June 30, 2021

    Reps. Mull Expanding NTIA's Cybersecurity Responsibilities

    As Congress considers handing a branch of the Commerce Department more responsibility for promoting cybersecurity, it must also ensure a speedy confirmation of a permanent head for the agency, once a candidate is nominated, members of a House Energy and Commerce subcommittee heard Wednesday.

  • June 30, 2021

    Amazon Says Lina Khan Can't Fairly Regulate It At FTC

    Federal Trade Commission Chair Lina Khan made a name for herself in antitrust circles by calling for enforcement actions against Amazon, but if the online retail company has its way, her pre-FTC advocacy will obligate her to recuse herself from matters involving the company.

  • June 30, 2021

    Verizon-Tracfone Will Fortify Prepaid Mobile Plans, FCC Told

    The Federal Communications Commission has hinted that it is concerned about Verizon's plan to pick up TracFone Wireless, but the mobile behemoth assured the agency recently that it's not pursuing the merger in order to hike up prices but to "emerge as a competitive force in the prepaid sector."

  • June 30, 2021

    Ga. Call Center Sues Ex-Partner Atty Over Yanked Website

    A Georgia-based call center company said in a new lawsuit a former business partner who is an Arkansas attorney has pulled the company's website offline and threatened to do so again unless the other investors pay him.

  • June 30, 2021

    VoIP-Pal Decries Patent Eligibility 'Chaos' To Supreme Court

    VoIP-Pal is asking the U.S. Supreme Court to step in after the Federal Circuit let its call-routing patents be invalidated, warning that patent eligibility under Section 101 is being mixed up with other patenting requirements and causing "legal chaos."

  • June 29, 2021

    2nd Circ. Overturns Amazon Arbitration Clause Ruling

    The Second Circuit on Tuesday ruled that a New York district court erroneously tossed a Brooklyn-based cellphone charger retailer's lawsuit in light of an Amazon Business Solutions Agreements arbitration clause, saying the trial court lacks jurisdiction in the case to rule on the merits.

  • June 29, 2021

    CFPB, Ga. Settle With Firm In Debt Relief Services Case

    A Maryland company accused of raking in millions in upfront fees while failing to deliver on its promises to help consumers eliminate credit-card debt has been fined and banned from offering debt relief services as part of a settlement with the Consumer Financial Protection Bureau and state of Georgia.

  • June 29, 2021

    Broadband Advocates Tout $65B In Biden's Infrastructure Deal

    Several groups pushing for wider broadband deployment lauded the White House and congressional negotiators Tuesday for setting aside $65 billion for connectivity projects in the tentative infrastructure deal President Joe Biden has reached with key lawmakers.

  • June 29, 2021

    Group Rips Rule Allowing Base Station Antennas On Homes

    The Children's Health Defense activist group is gunning to overturn the Federal Communications Commission's updated rule allowing fixed wireless companies to bypass certain regulations in order to provide faster internet to homes, telling the D.C. Circuit the FCC has failed to significantly justify its sweeping preemptions of local, state and federal laws.

  • June 29, 2021

    NM DOT Can't Stop Telecom From Building Utility Poles

    New Mexico's Department of Transportation doesn't have a good reason for denying a wireless broadband provider's request to build two utility poles for wireless antenna installation and must go ahead and grant the pair of permits, a federal judge has declared.

  • June 29, 2021

    House Clears Huge R&D Bills, But Must Contend With Senate

    House lawmakers overwhelmingly passed two major bills to advance U.S. research and development efforts, with an eye toward gaining an upper hand against China, but the proposals must still be reconciled with a sprawling package the Senate has cleared.

  • June 29, 2021

    Robbins Geller DQ Will Chill Investor Suits, 2nd Circ. Told

    A New York federal judge's "unprecedented" decision to disqualify investor firm Robbins Geller Rudman & Dowd LLP for an alleged disclosure failure in a case related to the FIFA bribery scandal will have a chilling effect on private securities law enforcement, a group of pension funds warned the Second Circuit Monday.

  • June 28, 2021

    House GOP To Lay Out 3-Step Big Tech Crackdown Plan

    House Republicans have a three-pronged plan for tackling the growing influence of Big Tech, and it includes providing a speedy appeals process that would let certain cases skip directly to the U.S. Supreme Court, House Minority Leader Kevin McCarthy, R-Calif., revealed Sunday.

  • June 28, 2021

    Robinhood Wants Class Decertified For Unwanted Texts Suit

    Robinhood asked a Washington federal court on Friday to decertify a class of state residents who allegedly received unwanted text messages from the trading app, claiming its sole representative as well as the class counsel were dishonest about the origins of the texts.

  • June 28, 2021

    Software Co. Lands Quick Win In High-Speed DSL Patent Spat

    A Delaware federal judge on Monday sided with software company TQ Delta LLC in a long-running dispute over high-speed DSL communication technology, finding that a broadband equipment maker infringed TQ Delta's patent with several of its products.

  • June 28, 2021

    Retail Groups, Walmart Can Intervene In Swipe Fee MDL

    A New York federal judge ruled Monday that two retail trade groups and Walmart can intervene in multidistrict swipe fee litigation against Visa and Mastercard for the limited purpose of opposing certification of a mandatory class being sought by small retailers.

Expert Analysis

  • A Rare Selective Disclosure Enforcement Action From SEC

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    Private fund managers should consider reevaluating their practices when meeting with public company executives in light of the U.S. Securities and Exchange Commission's recent action against AT&T, one of the very few enforcement cases brought under Regulation Fair Disclosure since its enactment in 2000, say Craig Warkol and Charles Clark at Schulte Roth.

  • Strategies For Fighting Back Against A Rambo Litigator

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    If your opposing counsel is a so-called Rambo litigator, there are ways to turn their scorched-earth litigation tactics and ad hominem attacks into assets that favor your client, says Margeaux Thomas at Thomas Law.

  • A Framework For Evaluating Willingness Of FRAND Licensees

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    As an increasing number of standard-essential patent cases turn on whether a manufacturer is willing to pay a fair, reasonable and nondiscriminatory royalty for SEPs, Jorge Contreras at the University of Utah identifies conduct that typically indicates willingness or unwillingness, as well as conduct that should be viewed as indeterminate.

  • Opinion

    US Should Create New 3-Pronged Approach To Cybersecurity

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    Although the Biden administration's recent provision of $10 billion for cybersecurity infrastructure funding in response to last year's SolarWinds hack is a good start, the U.S. should create a coordinated, multidisciplinary and systematic approach to cybersecurity reform that is proactive rather than reactive, says Rebecca Rakoski at XPAN Law Partners.

  • UK's Revised Merger-Review Definitions Will Ease Compliance

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    Recent changes narrowing high-risk sector definitions in the U.K.’s planned merger-review laws will make it easier to assess whether a merger or acquisition poses a national security threat that triggers mandatory notification, a critical change given the severe consequences of a failure to do so when required, say attorneys at Kirkland.

  • Opinion

    1 Year Into Pandemic, It's Time To Rethink Law Firm Billing

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    The particular tasks for which a law firm client can expect to be billed have become unpredictable in the era of COVID-19, making flat fees and other alternative fee arrangements more attractive for both in-house and outside counsel, says Jessica Hodkinson at Panasonic.

  • Rogue High Court Citation May Spark Legal Writing Changes

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    Justice Clarence Thomas’ unexpected use of a new citation format in the U.S. Supreme Court’s recent Brownback v. King opinion is the most notable citation change in the court's writing in 25 years, and could inspire receptiveness for other innovations in legal writing and beyond, says Carrie Garrison at Porter Wright.

  • The Case For Diversity In Internal Investigation Teams

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    Teams that represent differing backgrounds can uniquely strengthen internal investigation processes with more thorough deliberation, better interviewee trust-building and more effective problem-solving, so law firms and clients alike must avoid the natural impulse to select homogenous groups, say Karin Portlock and Jabari Julien at Gibson Dunn.

  • Opinion

    US Should Learn From German Courts Balancing SEP Rights

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    The German high court's recent decision in Sisvel v. Haier set a productive tone in balancing the rights of patentees and implementers in standard-essential patent disputes, and its understanding of negotiation realities should be followed by the U.S., say Cravath's David Kappos, former U.S. Patent and Trademark Office director, and Daniel Etcovitch.

  • 5 Ways Outside Counsel Can Impress Their Clients

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    Attorneys can build lasting relationships with corporate clients by thinking of in-house counsel as project partners, adhering to a few basic communication principles and thinking beyond legal advice, says Gerry Caron, chief counsel for safety, health and environment at Cabot.

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Questions Loom About DOJ Dismissal Power In FCA Suits

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    The Second Circuit's recent decision to grant a U.S. Department of Justice motion to dismiss a False Claims Act suit, without weighing in on the standard for assessing the agency’s decision, illustrates a significant trend, given an increase in agency dismissals and the expected uptick in FCA cases amid the pandemic, say attorneys at Baker Botts.

  • Controversial Md. Digital Ad Tax Leaves Sourcing Undefined

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    Sending shockwaves through the industry and prompting a lawsuit, Maryland's recently enacted, first-of-its-kind digital advertising gross revenues tax also contains a significant ambiguity as to how revenue from digital ad services should be sourced, say Stefi George and David Blum at Akerman.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

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