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Telecommunications
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March 12, 2024
AT&T Offloaded Pensions In Risky Annuity Deal, Suit Says
AT&T shirked its fiduciary duty and put 96,000 workers' retirement savings in jeopardy by transferring pension obligations to a "risky" annuity provider, according to a proposed class action filed in Massachusetts federal court.
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March 11, 2024
GOP Bill Would Open Up 2,500 MHz Of Midband Airwaves
A bill introduced by Republican senators Monday would open 2,500 megahzertz of midband airwaves to private-sector or shared use, with half of that rolling out in the next two years.
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March 11, 2024
Gov't Says Cost Trumps Return In Dish Spectrum Fraud Case
The U.S. Department of Justice asked a federal judge to dismiss a suit accusing Dish Network of trying to buy discounted spectrum through sham companies, saying the plaintiff hasn't shown that Dish hid its interest in the buyers and the companies never received Federal Communications Commission bidding credits anyway.
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March 11, 2024
Google Search Judge Wary Of NYT Bid To Make Docs Public
The D.C. federal judge weighing the fate of Google's search business pushed back during a Monday hearing on the New York Times' bid for a large scale unsealing of key contracts at the heart of the Justice Department antitrust lawsuit, although he left any final decisions for another day.
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March 11, 2024
States Want Info On Google-Facebook Pact In Ad Tech Case
State-level enforcers accusing Google of monopolizing key digital ad technology are asking a Texas federal court to lift a stay on discovery for documents related to an agreement between Google and Facebook that allegedly tipped the scales of auctions in Facebook's favor to discourage use of other ad exchanges.
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March 11, 2024
Feds Seek Over 5 Years For Ex-CEO Who Lied To Investors
Prosecutors urged a California federal judge Friday to sentence the former CEO of Silicon Valley software startup HeadSpin, who pled guilty to falsifying documents to draw in investors, to more than five years in prison, after his counsel argued that no investor lost money and that he shouldn't get prison time.
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March 11, 2024
Landlords' Group Slams FCC Digital Equity Rule In DC Circ.
A property owners' advocacy group has sued the Federal Communications Commission in the D.C. Circuit, claiming the agency soared well past its legal limits in passing a new broadband equity rule and will put renters' access to internet service at greater risk.
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March 11, 2024
Fed. Circ. Cuts Down Netflix's Appeal Of Broadcom Patent
The Federal Circuit on Monday backed the Patent Trial and Appeal Board in finding that an Avago Technologies distributed computing patent was valid, handing a loss to Netflix.
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March 11, 2024
Senate Could Be Hurdle To House Plan For TikTok Limits
A bill to clamp down on TikTok that was unanimously approved by a House committee is expected to come to the House floor this week, but its fate in the U.S. Senate looks dicier.
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March 11, 2024
FCC Can't Make ISPs Pay Into Universal Fund Yet, Group Says
An affordable broadband advocacy nonprofit has told the Federal Communications Commission it doesn't need to promise broadband carriers that it will not make them pay into the Universal Service Fund if they are reclassified, because there are other steps the agency must take before it could start charging them anyway.
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March 11, 2024
5th Circ. Revives Dish's Bid To Take Down Arabic TV Site
The Fifth Circuit has revived Dish Network's suit against a German resident for sharing Arabic-language programming pirated from Dish after finding the defendant purposefully advertises to viewers in the United States.
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March 11, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery became a hot topic in New Orleans last week as litigators and judges at an annual convention acknowledged the First State's corporate law preeminence is under scrutiny. Back home, the court moved ahead on disputes involving Meta Platforms, Abercrombie & Fitch and Donald Trump.
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March 08, 2024
Trump 'An Existential Threat' To Rule Of Law, Attys Warn
Former President Donald Trump represents an "existential threat" to democracy and the rule of law, legal experts said Friday at a conference on white collar crime in San Francisco.
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March 08, 2024
Senate Confirms New FCC Inspector General
Nearly a year after she was first nominated, Fara Damelin was confirmed as the Federal Communications Commission's next inspector general by the U.S. Senate on Thursday evening, just before the State of the Union address.
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March 08, 2024
Cahill Has 'Great Ambitions' To Take IP Litigation By Storm
Cahill Gordon & Reindel LLP has spent the last year building up a new intellectual property practice, with a veteran of top law firms leading the way and attorneys from White & Case LLP joining the firm earlier this year.
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March 08, 2024
Cable Biz Resists Blackout Refunds, Says It's Not To Blame
The cable industry faces several regulatory challenges at the Federal Communications Commission, but their top priority is rolling back a pending plan to require customer refunds when programs are blacked out.
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March 08, 2024
Consumers Fight Dismissal Bids In Microsoft And OpenAI Suit
Consumers who say their privacy was violated by Microsoft Corp. and OpenAI LP's products are urging California federal court not to dismiss their complaint, saying it clearly and in detail lays out the basis for their allegations.
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March 08, 2024
Microsoft Pushes AI As Weapon For Fighting Robocalls
Microsoft is continuing its push to convince the Federal Communications Commission that artificial intelligence can help in its effort to combat robocalls and texts, not just make the problem worse.
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March 08, 2024
FCC Says There's No Order To Appeal In IT Fund Suspension
The D.C. Circuit shouldn't rush to hear a case accusing the Federal Communications Commission of dragging its feet on releasing subsidy funds for tech support at grade schools because there's no order from the FCC to be appealed, the agency has said.
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March 08, 2024
Apple Relents, Paving Way For Epic Games Store In EU
Epic Games will be able to establish its own app store on European iPhones after all, after Apple changed course Friday, two days after blocking the Fortnite developer from launching its own iOS app store in the latest dustup over Apple control and brand-new European Union rules.
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March 08, 2024
Google Can't Shake Video Ad Tech Claims In MDL
A New York federal court has refused to toss claims targeting Google's control over online video advertising from a defunct video publisher in the sprawling multidistrict litigation accusing the tech giant of monopolizing digital ad technology.
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March 08, 2024
NJ Residents Can Intervene in Verizon Cell Tower Suit
A federal judge is giving Belmar, New Jersey, residents the green light to intervene on the side of Monmouth County as it defends against a Verizon suit over blocked small cell towers.
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March 08, 2024
Taxation With Representation: Fried Frank, Latham
In this week's Taxation with Representation, Viavi acquires Spirent, Cadence Design Systems purchases Beta Cae Systems International, and United Rentals buys Yak.
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March 07, 2024
Petition Watch: Student Athletes, Oil Spills & Preemption
The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed: questions over whether student athletes have a business interest in being eligible to play college sports, how much oil is needed to qualify as an oil spill, whether an exemption to the Fourth Amendment applies to artificial intelligence and whether consumers can sue drug companies under state law for violating federal regulations.
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March 07, 2024
Nokia Owes Would-Be Tech Partner $23M Over Oral Deal
Nokia Solutions and Networks Oy owes telecom company Collision Communications $23 million after reneging on an oral contract to license noise-filtering technology, a New Hampshire federal jury found Wednesday.
Expert Analysis
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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Parsing Through The FTC's Proposed Health Privacy Updates
The Federal Trade Commission's recently proposed updates to its Health Breach Notification Rule contain subtle but significant changes to key terms that help modernize the agency's health app regulation and provide stakeholders an important opportunity to help shape the future of virtual health care, say attorneys at Arnold & Porter.
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3 Service Provider Considerations For NTIA Broadband Fund
Internet service providers seeking funding through the National Telecommunications and Information Administration's broadband deployment program should begin in earnest identifying areas of interest for funding and challenges so that they are prepared to submit initial proposals before the December deadline, say attorneys at Davis Wright.
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Regulating AI: Litigation Questions And State Efforts To Watch
In view of the developing legal and regulatory framework for artificial intelligence systems in the U.S., including state legislation and early federal litigation, there are practical takeaways as we look toward the future, says Jennifer Maisel at Rothwell Figg.
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Regulating AI: An Overview Of Federal Efforts
The U.S. has been carefully managing a national policy and regulatory ecosystem toward artificial intelligence, but as AI technology continues to expand into our everyday lives, so too has its risks and the need for regulation, says Jennifer Maisel at Rothwell Figg.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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The Case For Quantifying The Impact Of 'Dark Patterns'
Recent lawsuits alleging that Amazon and Audible used so-called dark patterns to deceive customers show that federal agencies and consumers are actively challenging such conduct, and quantifying its impact on purchase decisions is an important step toward using an evidence-based approach for determining the appropriate level of deterrence, say economists at Brattle.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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Keep Up With Telemarketing Compliance: State Law Roundup
As more states enact mini-Telephone Consumer Protection Acts to seemingly fill the "autodialer" void left by the U.S. Supreme Court's Facebook v. Duguid ruling, compliance will become a difficult game of whack-a-mole — some of the laws regulate equipment, while others restrict to whom calls can be made, and more, say attorneys at Blank Rome.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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9th Circ. Expands TCPA Standing, Narrowing Defenses
While the Ninth Circuit's recent Hall v. Smosh Dot Com decision expands Telephone Consumer Protection Act standing, companies defending TCPA claims should watch the district court's ruling on remand for a potential narrow exception where a third-party user consents to contact for a number on the do-not-call registry, say attorneys at Duane Morris.
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A Checklist For Cyber Incident Response Communications
The recent cyberattack of file transfer tool MOVEit, and its spread among industries, is a reminder for companies that there is no one-size-fits-all solution to incident response communications, and there are certain questions that every business should ask before communicating about an incident, say Kamran Salour at Lewis Brisbois and Sadia Mirza at Troutman Pepper.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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What Revised FTC Guides Mean For Influencer Campaigns
The Federal Trade Commission’s recent updates to its endorsement guides will affect influencer campaigns in several key ways, including how and when influencers should make disclosures, and how companies should manage campaigns, says Gonzalo Mon at Kelley Drye.