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Telecommunications
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March 20, 2024
SEC Proxy Roundup: Verizon, UPS Escape ESG Proposals
Verizon and UPS may exclude from their proxy statements shareholder proposals on social policy and climate change matters, according to U.S. Securities and Exchange Commission staff, who also denied various other requests from corporations looking to escape separate social and politics-related proposals.
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March 20, 2024
British Bank CEOs Shift Blame For Pay Fraud To Social Media
Britain's largest banks told a cross-party group of MPs Wednesday they blamed social media and telecommunications companies for a rise in authorized push payment fraud in the banking sector, calling for mandatory requirements to help prevent it.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
FCC Urged To Spend On School Firewalls, Not Wi-Fi Hotspots
The Federal Communications Commission could better spend funds for education on beefed-up cybersecurity than on a controversial proposal for Wi-Fi hotspots, a broadband industry group told the agency.
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March 20, 2024
Intel, Commerce Dept. Forge $8.5B Logic Chip Partnership
A proposed $8.5 billion partnership between the federal government and Intel Corp. could yield thousands of jobs and up to $100 billion in logic chip facility expansion and modernization in four states.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 19, 2024
Apple Deleted Siri Recordings, Users Say In Seeking Sanctions
Users of Apple's Siri who claim the voice-activated software records their conversations have asked a California federal judge to sanction the company for allegedly deleting millions of proposed class members' Siri records, including data they say "meticulously documented Apple's interception" of their confidential communications.
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March 19, 2024
VW Dealer Says Its Franchise Is Getting Unjustly Terminated
A southeastern Connecticut car dealer took Volkswagen of America Inc. to state court after the company allegedly moved to terminate a franchise agreement for the dealer's satellite location, an agreement that the suit says the carmaker denies the existence of in the first place.
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March 19, 2024
Fed. Circ. Backs PTAB Invalidation Of Sisvel Wireless Patent
The Federal Circuit on Tuesday backed a Patent Trial and Appeal Board decision that found many claims in a Sisvel patent on improving the efficiency of LTE wireless networks for cellphones were invalid as obvious.
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March 19, 2024
Reddit Reveals Patent Complaint From Nokia As IPO Nears
Reddit Inc. on Tuesday said it received a letter from Nokia Corp. alleging that it has infringed certain Nokia patents, a disclosure that comes just ahead of the social media platform's long-anticipated initial public offering.
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March 19, 2024
Netflix Can't Get PTAB To Ax Patent Amid Ownership Dispute
A board of administrative patent judges has decided to shut down its review of a data communications network patent that a Finnish businessman claimed to own, after a federal court in California ruled earlier this year that he had transferred the patent nearly two decades ago to a startup that eventually went bankrupt.
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March 19, 2024
FCC Won't Shift Gears On 5.9 GHz Despite Automakers' Effort
The Federal Communications Commission has turned down two auto industry groups' long-standing requests to take another look at a 2020 revamp of FCC rules in the 5.9 gigahertz band that shifted part of the spectrum to unlicensed wireless use.
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March 19, 2024
Full 4th Circ. Won't Hear Record Labels' Piracy Fight With ISP
The Fourth Circuit will not reconsider its decision to vacate a $1 billion verdict against Cox Communications for allowing piracy on its networks, it said Tuesday, despite neither side being happy with its ruling.
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March 19, 2024
Don't Impose Foreign Ownership Regs On ISPs, FCC Told
As the Federal Communications Commission mulls how it's going to regulate broadband now that the Democratic majority plans to reclassify it as a Title II service, a free market think tank is urging the agency not to apply the agency's foreign ownership regulations to internet service providers.
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March 19, 2024
US Chamber Report Details Digital Trade 'Peril' For USTR
Digital trade is growing faster than the U.S. economy overall and supporting approximately 3 million jobs, but the sector is in "peril" due to the Biden administration's e-commerce policy reticence, says a new U.S. Chamber of Commerce report.
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March 19, 2024
Amazon Prevails In University's Patent Suit Over Alexa
A New York federal judge has cleared Amazon in a case where a research university said its language processing patent was being infringed by the company's Alexa devices.
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March 19, 2024
US Bank, Oppenheimer To Pay CFTC $7M In Text Probe Cases
U.S. Bank NA and Oppenheimer & Co. Inc. have agreed to pay a combined $7 million to settle allegations brought by the U.S. Commodity Futures Trading Commission over the failure to preserve business communications via personal text, the agency announced Tuesday.
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March 18, 2024
Meta Wants Emergency Stop Of FTC Privacy Tweaks
Meta is seeking an immediate injunction to halt the Federal Trade Commission's changes to its 2020 settlement with the company, asking the D.C. Circuit to hear its appeal before the social media giant must respond to a show cause order on why the deal shouldn't be modified.
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March 18, 2024
Senate Dems Press Congress On Broadband Subsidy Renewal
Nearly three dozen Senate Democrats urged the leadership of both chambers to restore funding for the Federal Communications Commission's broadband program as time runs short to continue paying consumer discounts for internet service.
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March 18, 2024
FCC Fines Ga. Radio Broadcaster Over Station Silences
The former owner of a Georgia sports radio station has been slapped with a $16,200 fine by the FCC for repeatedly suspending operations, allowing the station to change hands without permission and not answering the agency's inquiries about any of it.
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March 18, 2024
Provider To Pay $100K Fine For 'Downselling' Broadband
A fiber broadband provider in Texas and Louisiana has agreed to pay a $100,000 fine to the Federal Communications Commission for selling only its slowest service plan to customers in the Affordable Connectivity Program.
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March 18, 2024
The Biggest Trade Secrets Awards In The Last 5 Years
Trade secrets cases are having a moment in the spotlight, thanks to some gargantuan damages awards over the past five years and more flexibility for plaintiffs to argue for what they think they are owed.
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March 18, 2024
Texas Judges Pause Wireless Patent Fights For PTAB
The top two federal judges in Texas handling patent cases have agreed to hold litigation between two automotive brands and a prolific litigation outfit after BMW persuaded the patent board to review "every single claim" involved in litigation over decade-old wireless patents.
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March 18, 2024
Del. Suit Details Wrongful Takeover Of Telecom System Co.
The founder and former CEO of a Florida-headquartered telecommunications infrastructure building company has sued the head of an investment firm and others Monday in Delaware's Court of Chancery, accusing them of carrying out a "fraudulent scheme" to wrest control of the business.
Expert Analysis
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Twitter Sanction Highlights Privacy Law's Complexity
The D.C. Circuit's recent decision to uphold a sanction against X Corp., formerly known as Twitter, for failing to produce account records in response to a subpoena highlights the importance of understanding the Stored Communications Act, particularly when deciding to produce or not produce data, says Cary Aronovitz at Holland & Knight.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Fed. Circ. In September: The Scope Of Analogous Prior Art
The Federal Circuit's recent decision in Netflix v. DivX turned on the often-overlooked requirement that any prior art must be analogous art, explaining that the art available to a person of ordinary skill in the art is limited to only the artisan's field of endeavor at the time the invention was made, says Jeremiah Helm at Knobbe Martens.
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Appellate Rulings Highlight Telecom Standard Uncertainties
Two recent contrasting appellate opinions in Cellco v. White Deer Township and NMSurf v. Webber — interpreting Sections 332 and 253 of the Communications Act, respectively — demonstrate the continuing uncertainty carriers face when challenging state and local requirements that may impede their provision of telecommunications services, say attorneys at Davis Wright.
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Bracing For Regulatory Delays As Shutdown Looms
As a government shutdown looms, stakeholders should plan for regulatory delays and note that more regulations could become vulnerable to congressional disapproval under the Congressional Review Act, say Matthew Shapanka and Holly Fechner at Covington.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Tips For Camp Lejeune Attorneys To Mitigate TCPA Suit Risks
To retain and assist Camp Lejeune clients, it is vital to understand best practices to avoid violating the Telephone Consumer Protection Act, which has been at the center of recent lawsuits against attorneys seeking to reach veterans and their families affected by the toxic water exposure at the Marine Corps base, says Libby Vish at SimplyConvert.
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7th Circ. Ruling May Steer ADA Toward Commuter Issues
Employers faced with commuting-accommodation requests from employees who do not require on-site modifications under the Americans with Disabilities Act should consider the Seventh Circuit's recent reopening of a lawsuit alleging unlawful refusal of a night-vision-challenged worker's request to extend a shift change, says Robin Shea at Constangy.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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7 Ways Telco Operators Can Approach Lead Cable Claims
A recent spotlight on the telecommunication industry shows that companies in the field have known for decades that lead-wrapped cables proliferate in their vast networks, which is likely to provoke prolonged and costly legal battles — but seven best practices can efficiently resolve claims and minimize damage, say consultants at AlixPartners.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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New FCC Broadband Label Rules Should Be Read Carefully
A recent order from the Federal Communications Commission clarifies standardized broadband label requirements that are pending final approval — and while compliance should be manageable, the rules impose new risk, particularly with regard to speed and latency disclosures, say Craig Gilley and Laura Stefani at Venable.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Bracing For Rising Cyber-Related False Claims Act Scrutiny
Two recent cyber-related False Claims Act cases illustrate the vulnerability of government contractors, including universities, obliged to self-attest compliance with multiple controls, signal the importance of accurate internal controls and underline the benefits of self-disclosure, say Townsend Bourne and Nikole Snyder at Sheppard Mullin.