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Telecommunications
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March 15, 2024
Google Wants Facebook Pact Kept Out Of Ad Tech Discovery
Google urged a Texas federal judge on Friday to reject state-level enforcers' bid to lift a stay on discovery for documents related to a bidding agreement between Google and Facebook in the suit accusing the search giant of monopolizing key digital ad technology, saying the plaintiffs' antitrust claims based on the agreement have already been dismissed.
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March 15, 2024
Meta Can't Block FTC Plans To Stop Kids' Data Monetization
Meta filed its second appeal Friday after suffering another D.C. federal court loss against proposed Federal Trade Commission tweaks to a $5 billion data privacy settlement meant to block its monetization of children's data.
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March 15, 2024
Roblox's Casino Games Are 'Preying On Children,' Suit Says
Online game platform Roblox Corp. has been hit with another proposed class action suit in California federal court accusing it and other companies of "preying on children nationwide" through an "illegal gambling ecosystem" that specifically targets minors.
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March 15, 2024
Feds Streamline Historic Reviews For Broadband Projects
The Advisory Council on Historic Preservation is heeding the call to make it easier for historical preservation checks to be done on any broadband projects that use federal funds, announcing that it will amend the rules to add that flexibility.
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March 15, 2024
AT&T Outage Calls For FirstNet Review, Group Tells Lawmakers
An emergency telecommunications industry group is calling for a full congressional investigation of the AT&T-run FirstNet emergency response network, saying the company's massive network outage last month demonstrates the need for competition and redundancy in first responder networks.
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March 15, 2024
Apple Wants 'Convoluted' IPhone App Antitrust Suit Tossed
Apple Inc. asked a California federal judge Thursday to toss a proposed antitrust class action alleging that Apple Inc. illegally controls which apps are viewed on iPhone web browsers to boost iPhone prices, arguing that the consumers don't have standing to bring their "highly convoluted and speculative" claims.
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March 15, 2024
Firm Can't Drop Snoop Dogg Robocall Suit Like It's Hot
A cost-cutting firm will have to face claims that it used a Snoop Dogg soundalike to make illegal robocalls in an attempt to get people to enlist their help signing up for a tax credit, promising the company could "have them funds in your hands quicker than you can roll up your favorite ... well, you know what I mean."
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March 15, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Howard Kennedy face legal action by a London hotel chain, former racing boss Bernie Ecclestone and Formula One hit with a breach of contract claim by a Brazilian racecar driver, and a libel row between broadcaster Jeremy Vine and ex-footballer Joey Barton. Here, Law360 looks at these and other new claims in the U.K.
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March 15, 2024
Onix Networking Buyer Sues Seller In Del. Alleging Deal Fraud
A private equity firm that bought Onix Networking Corp. in 2022 has sued the company's former owners in Delaware's Court of Chancery to rescind part of the deal, alleging seller fraud and misrepresentation of annual revenues by "tens of millions of dollars."
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March 15, 2024
Justices Craft Test To Decide If Social Media Use Is Official
The U.S. Supreme Court adopted a new test Friday to determine if a public official's social media use constitutes state action subject to liability under the First Amendment, instructing courts to consider whether the official had authority to speak on the government's behalf and whether they purported to do so in the challenged action.
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March 14, 2024
IP Forecast: Internet Archive Fights Vinyl Copyright Case
A California federal judge will hear arguments next week over whether the Internet Archive can toss accusations from record labels that describe its project for a free, digitized library of 78 rpm records as a "wholesale theft of generations of music." Here's a look at that case, plus all the other major intellectual property matters on deck in the coming week.
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March 14, 2024
FCC Proposes Adding Emergency Alerts For Missing Adults
The Federal Communications Commission on Thursday proposed to require that broadcast and cellphone carriers send out mobile notifications about missing adults, similar to Amber Alerts about missing children, to fix a shortcoming in the nation's public safety alert system.
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March 14, 2024
Verizon Sues Pa. Town Over Cell Tower Permit Denial
Verizon Wirless is suing a small Pennsylvania borough for rejecting its application to install a 105-foot monopole and equipment compound near the town's center, saying the denial will inhibit Verizon from closing a wireless coverage gap and violates the Communications Act of 1934.
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March 14, 2024
League Of Women Voters Sues Dem Consultant Over Biden AI
A political consultant got slapped Thursday with a League of Women Voters civil rights lawsuit in New Hampshire federal court, claiming that he commissioned a slew of robocalls impersonating President Joe Biden using a "deepfake" voice simulated by artificial intelligence.
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March 14, 2024
FCC Rolls Out Voluntary 'Cyber Trust Mark' For IoT Devices
Devices tied to the Internet of Things will soon start displaying a "U.S. Cyber Trust Mark" if participating manufacturers earn the Federal Communications Commission's approval.
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March 14, 2024
FCC Raises Minimum Fixed Broadband Speed To 100/20 Mbps
The Federal Communications Commission on Thursday raised the national minimum for broadband speeds to 100 megabits per second for downloads and 20 Mbps for uploads after years of debating how much to increase the standard.
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March 14, 2024
Game Developer Seeks Class Cert. In Valve Antitrust Case
Developer Wolfire Games is asking a Seattle federal judge for class certification in its consolidated antitrust suit against online game seller Valve, saying discovery has brought abundant evidence that the platform uses its most-favored-nation clause to stifle competition and maintain monopoly power.
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March 14, 2024
Bipartisan Senate Duo Releases 'Middle Ground' FISA Bill
A bipartisan pair of senators introduced what they deem a "compromise" bill on Thursday to reauthorize and reform the controversial warrantless foreign surveillance law ahead of the April deadline to renew it.
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March 14, 2024
GOP Sens. Look To Undo FCC 'Digital Discrimination' Rule
A group of 19 Senate Republicans announced on Thursday they are looking to undo the Federal Communications Commission's "digital discrimination" rule, which the agency adopted along party lines back in the fall.
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March 14, 2024
Italy Fines TikTok €10M For Harmful Content
Italy's antitrust authority fined TikTok €10 million ($11 million) on Thursday for failing to protect children from potentially dangerous content on the platform.
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March 13, 2024
TriZetto's $200M Jury Awards Thrown Out In Syntel Dispute
A New York federal judge on Wednesday vacated roughly $200 million in damages awards Cognizant affiliate TriZetto won in a trade secret misappropriation and copyright infringement suit against Syntel, ruling that the awards were improperly calculated.
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March 13, 2024
Epic Says Apple Is 'Blatantly' Violating App Store Order
Epic Games told a California federal court on Wednesday that Apple is "blatantly" violating an order issued under state law barring anti-steering rules in the App Store by imposing new fees and restrictions that make linking to outside payment methods effectively impossible.
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March 13, 2024
Google Calls DOJ's 'Fake Privilege' Docs Citation 'Misleading'
The D.C. federal judge weighing the fate of Google's search business should pay no heed to discussions, cited by the Justice Department, from company lawyers in a separate case of "fake privilege" hiding otherwise discoverable evidence, Google has said.
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March 13, 2024
AI Auto Damage-Assessing Giant Accused Of Monopoly
Tractable Inc. is hitting back at CCC Intelligent Solutions with counterclaims in an ongoing trade secrets spat, alleging in a new motion CCC has leveraged its dominant share of the auto collision-assessment market to stifle consumer choice and increase prices in violation of antitrust laws.
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March 13, 2024
Meta's 'Expense & Annoyance' Not Enough To Stop FTC Tweak
A D.C. Circuit panel refused late Tuesday to temporarily block proposed Federal Trade Commission tweaks to a $5 billion data privacy settlement aimed at blocking Meta's monetization of children's data — finding the social media giant has not shown it is likely to succeed in its appeal of the changes, nor that it will suffer irreparable harm.
Expert Analysis
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
'US Cyber Trust Mark' Program Threatens Privacy, Innovation
The Federal Communications Commission's recently announced plan to create a "U.S. Cyber Trust Mark,” which would voluntarily affix to smart devices to boost consumer confidence and industry security standards, could lead to an erosion of consumer privacy, competition, innovation, and any firewall between the government and the individual, says attorney Donna Etemadi.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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FTC 'Dark Patterns' Enforcement Signals Consent Theory Shift
The Federal Trade Commission's recent complaint against Amazon for using dark patterns to trick consumers signals a general trend in American jurisprudence of importing a European theory of consent, which could result in a more turgid digital experience, says Christian Auty at BCLP.
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IPR Pointers In Recent PTAB Discretionary Denials
A trio of decisions at the Patent Trial and Appeal Board illustrates why petitions for inter partes review must set forth clear positions, including arguments that are substantially different from those previously considered by the examiner, say Kevin Schubert and Scott Hejny at McKool Smith.
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How US Investment Regulation May Shift Under Biden Order
Attorneys at Ropes & Gray explore potential prohibitions, notification requirements and covered transactions under President Joe Biden's recent executive order, which marks an unprecedented expansion of U.S. regulation of investment activity.
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5 Compliance Mistakes To Avoid When Entering A New Market
As many companies move their value chains out of China or expand to new markets for other reasons, they should beware several common compliance pitfalls — such as insufficient due diligence and one-size-fits-all training — to avoid reputational, financial and legal damage, says Alexandra Wrage at TRACE International.
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Where Biden's Outbound Investment Effort May Be Headed
The president’s recent executive order on outbound investment describes prohibited transactions and a notification process, but the U.S. Department of the Treasury’s actions suggest upcoming regulations will leave investors with the risky determination of whether investments are prohibited or require notification, say attorneys at Morgan Lewis.
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EPA Focus On Lead Could Heighten Private Litigation Risk
As the U.S. Environmental Protection Agency continues a series of initiatives aimed at reducing lead exposure, including last month's proposal to strengthen removal requirements for lead-based paint, the risks of private suits from citizens groups over lead contamination grow, say Jonathan Brightbill and Madalyn Brown Feiger at Winston & Strawn.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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Strike Force Actions Underscore Foreign Risks For Tech Cos.
As recent prosecutions demonstrate, a multiagency strike force is ramping up enforcement of trade secret theft and export control violations, and companies will need to be proactive in protecting their sensitive technologies from foreign adversaries, say attorneys at McGuireWoods.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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What Patent Bills Would Mean For Infringement Litigation
Attorneys at Farella Braun summarize a pair of recently introduced patent bills — one that would reform patent eligibility and another that would change procedures for litigating patent invalidity — and explore the potential impact of each.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.