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Telecommunications
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March 04, 2024
Elanco Urges Justices To Preserve Junk Fax Win
Pet medicine company Elanco Animal Health Inc. has told the U.S. Supreme Court that its faxed invitations to a veterinarian seminar don't count under the Telephone Consumer Protection Act's prohibition on unsolicited fax advertisements, as the Seventh Circuit ruled in July.
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March 04, 2024
No 'Major Questions' Dispute In Net Neutrality, FCC Told
Despite what Republicans say, the FCC's decision to resurrect Obama-era net neutrality rules that were thrown out by former President Donald Trump's administration does not trigger the major questions doctrine, open internet advocate Public Knowledge told the agency recently.
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March 04, 2024
Advocacy Group Pushes FCC For Hearing On Fox License
The FCC should order Fox Television Stations to turn over the documents that an advocacy group says it needs to build its case that the company's Philadelphia affiliate should lose its license for hawking election conspiracy theories, that group told the agency.
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March 04, 2024
OpenAI Judge Denies Writers' Calif. IP Case 'First-To-File' Bid
A California federal judge ruled Friday that a group of authors suing OpenAI for alleged copyright infringement cannot bar the Microsoft-backed company from defending itself against a similar suit in New York federal court, saying the plaintiffs' argument that the artificial intelligence startup engaged in forum shopping "holds no sway."
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March 04, 2024
Feds Urged Not To Let Mobile Cos. 'Centralize' Airwaves
Mobile networks should not be allowed to amass so much of the airwaves that they inadvertently crowd out national security technologies or sideline shared spectrum models, a group of experts told the U.S. Commerce Department.
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March 04, 2024
FCC Inks Anti-Scam Partnership With UK Counterpart
The Federal Communications Commission said Monday it will work formally with its U.K. counterpart to combat scam robocalls and robotexts, an announcement that came days after reaching a similar agreement with Britain's data privacy enforcer.
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March 04, 2024
Catching Up With Delaware's Chancery Court
A Swedish music producer's takeover, a proposed award payable in Tesla shares, Truth Social stock squabbles, and an unusually blunt slap-down from the bench added up to an especially colorful week in Delaware's famous court of equity. On top of that came new cases about alleged power struggles, board entrenchment, consumer schemes and merger disputes.
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March 04, 2024
Storage Users Accuse Apple Of ICloud Monopoly
A California iPhone buyer is bringing a proposed class action claiming that the limits Apple places on third-party cloud storage services violate anti-tying laws and drive up prices through an illegal monopoly.
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March 01, 2024
Ga. Tech Prof Gets Most China-Tied Fraud Charges Tossed
A Georgia federal judge on Friday overruled a federal magistrate in dismissing nine of 10 criminal charges against a former Georgia Institute of Technology professor who was accused of using his post to help bring foreign nationals into the U.S. to covertly work for Chinese telecommunications firm ZTE.
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March 01, 2024
Gilstrap Orders Damages Retrial To Avoid $67.5M 'Train Wreck'
Chief U.S. District Judge Rodney Gilstrap ordered a damages retrial in infringement litigation between G+ Communications and Samsung on Friday, warning there would otherwise be a "guaranteed 'train wreck'" since both parties failed to explain what they believed the $67.5 million verdict means.
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March 01, 2024
Judge Says TCPA Class Limits Affect Only State Law Claims
A Washington federal judge denied UnitedHealthcare's move to dismiss illegal automated call claims from non-Washington members in a Washington man's class action, calling the company's invocation of a 2017 U.S. Supreme Court ruling a "strained theory that has been rejected by every Circuit Court that has considered it."
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March 01, 2024
Pa. Supreme Court Snapshot: Judge's Side Gig Vexes Tax Row
In its first argument session of 2024, the Supreme Court of Pennsylvania will once again have seven justices on the bench to hear cases concerning issues like a judge taking a second job, following last year's elevation of Superior Court Judge Daniel D. McCaffery to fill the vacancy left by the death of former Chief Justice Max Baer in 2022.
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March 01, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from companies and interest groups close to 200 times in February on subjects ranging from net neutrality rules to "all-in" cable pricing, device security labels, minimum broadband speeds and more.
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March 01, 2024
Network Co. Directors Sue In Chancery To Stop Power Grab
A power struggle at network connectivity services provider PacketFabric Inc. hit Delaware's Court of Chancery on Thursday, with an investor and two directors suing for a court declaration that they are still members of the board.
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March 01, 2024
'We Don't Know If They Prejudged Meta,' Judge Says Of FTC
The D.C. federal judge handling Meta's case attacking the Federal Trade Commission's constitutionality and its efforts to reopen a 2020 privacy settlement balked Friday at preliminarily stopping the agency from banning the monetization of children's data.
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March 01, 2024
Gov't Wants Spectrum Fraud Case Against Dish Dismissed
The Justice Department has decided to intervene in a suit accusing Dish Network of using sham companies to buy spectrum from the Federal Communications Commission at a $3.3 billion discount, but not to take over litigation of the matter — it wants to end the whole thing.
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March 01, 2024
Taxation With Representation: Pillsbury, Cleary Gottlieb
In this week's Taxation with Representation, First Advantage Corp. acquires Sterling Check Corp., International Game Technology spins off two subsidiaries, Disney merges its media operations in India with Reliance Industries, and Atlas Energy Solutions purchases Hi-Crush.
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March 01, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a legal battle between confectionary heavyweight Mars Wrigley UK and a frozen food manufacturer, a trademark infringement claim by Abbott Diabetes Care over glucose monitoring meters, Mercedes-Benz Group hit with two commercial fraud disputes, and the Mediterranean Shipping Company tackle a cargo claim by an insurance company. Here, Law360 looks at these and other new claims in the U.K.
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February 29, 2024
GSA's Chinese Cameras Better Off In Russia, House Rep. Quips
Members of the U.S. House of Representatives criticized the federal government's 2022 purchase of 150 Chinese cameras over national security concerns during a Thursday hearing, with one lawmaker calling to get rid of them and send them to Russia instead.
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February 29, 2024
US Eyes Rules To Secure Chinese-Made Connected Cars
The U.S. Department of Commerce said Thursday that it's considering crafting regulations to address potential data privacy and security risks posed by connected vehicles that are imported from China and other foreign adversaries.
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February 29, 2024
Chancery Preserves Class Suit Over Microsoft-Activision Deal
An Activision Blizzard shareholder that sued in Delaware's Court of Chancery over the company's $68.7 billion sale to Microsoft Corp. got the nod Thursday to move forward with the proposed class action that alleges the merger process may have violated Delaware law.
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February 29, 2024
FCC Chair Takes On Connected-Car Risk In Domestic Abuse
The Federal Communications Commission's chief wants to study how the agency can protect domestic abuse victims from harassment through the use of connected vehicle technology.
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February 29, 2024
Millions May Lose Internet Access Without Subsidy, FCC Says
Millions of users will struggle to pay for internet access without the Affordable Connectivity Program's subsidy, the Federal Communications Commission said Thursday, pushing back against Republican claims that ACP customers will be fine if the program's funding lapses.
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February 29, 2024
Epic, Google Are At App Store Antitrust Remedies 'Impasse'
Epic Games Inc. and Google LLC told a California federal judge on Wednesday that they are at an impasse over the potential changes Google will have to make following the Fortnite game developer's jury trial win on antitrust claims related to Google Play Store and Android apps.
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February 29, 2024
FCC To Work With UK Enforcers In Anti-Robocall Effort
The Federal Communications Commission will step up efforts with the U.K.'s data privacy enforcer to prevent robocall and robotext scams, the U.S. agency said Thursday.
Expert Analysis
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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.
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4 Legal Issues Grant-Funded Broadband Projects May Face
The Biden administration's recently announced funding allocations represent the largest ever government investment in broadband internet infrastructure, but these new development opportunities will require navigation of complicated and sometimes arcane legal environments, says Casey Lide at Keller & Heckman.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Top 5 Privacy Cases To Watch, From Chatbots To Geolocation
Litigation related to privacy law violations has been on the rise recently, and while some judges have pushed back on the novel theories set forth by plaintiffs, new privacy cases are launched almost every day, including notable ones on topics ranging from chatbots to geolocation, say Sushila Chanana and Rodolfo Rivera Aquino at Farella Braun.
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Flawed Analysis Supports Common Law Tax Deficiency Ruling
The Colorado federal district court’s recent decision in Liberty Global, holding that the U.S. Department of Justice may assert a common law tax claim without the notice of tax deficiency required by the Internal Revenue Code, relies on a contorted reading of the statute and irrelevant case law, say Loren Opper and Christie Galinski at Miller Canfield.
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Opinion
Congress Should Curb FTC Pattern Of Consent Order Abuse
In upcoming hearings, Congress should recognize that the Federal Trade Commission’s intrusive investigation of Twitter is part of a growing pattern of consent order abuse, which will continue to harm consumers, companies and the agency itself unless lawmakers step in, says former FTC chief technologist Neil Chilson, now at the Center for Growth and Opportunity.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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Local Gov'ts Must Be Vigilant Ahead Of New TCPA Rules
Before updated Telephone Consumer Protection Act rules take effect later this month, local governments hoping to avoid costly liability landmines should ensure their calling policies and equipment are flexible enough to comply with any proposed modifications before employing the use of automated messages, say Gerard Lederer and Gregory Caffas at BB&K.
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2 Years Later: TransUnion's Impact On Data Breach Litigation
In the two years since the U.S. Supreme Court’s landmark TransUnion decision, plaintiffs have sought to bypass the effects of the ruling — which poses a significant impediment to large data breach class actions and uncertainty for cyber insurers — through various clever pleading forms, say Jason Fagelman and Sarah Cornelia at Norton Rose, and Amanda Thai at Beazley.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.