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Telecommunications
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March 27, 2024
Everbridge Investor Seeks To Block $1.8B Thoma Bravo Deal
A shareholder in Massachusetts-based emergency management platform Everbridge Inc. is asking a state court to intervene in a pending $1.8 billion acquisition by private equity firm Thoma Bravo LP, alleging in a Wednesday lawsuit that investors are being misled about the true value of shares and the motives of those promoting the deal.
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March 26, 2024
Jackson Paints Abortion Clash As Microcosm Of Bigger Brawl
A war of words Tuesday at the U.S. Supreme Court over access to abortion medication marked a climactic moment after a lengthy legal slugfest. But probing questions from Justice Ketanji Brown Jackson illustrated that the main event for reproductive rights was also simply a single round in a much larger fight over the government's regulatory powers.
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March 26, 2024
Albright Told That Choice Hotel's Alice Ax Is 'Premature'
Patent Armory has told Texas federal Judge Alan D. Albright that a bid to dismiss its patent lawsuit against Choice Hotels International is "premature" and should be set aside at least until fact discovery is done and claim construction has been issued.
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March 26, 2024
Consumers Push For New 9th Circ. Panel In Qualcomm Case
Cellphone buyers are coming out strong against Qualcomm's request to have the same Ninth Circuit panel that vacated their class certification hear an appeal to revive the long-running antitrust litigation over the company's licensing practices, saying there is no reason for "meddling with the usual practice for assigning cases."
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March 26, 2024
FCC Urged To Require Unlocked Phones In T-Mobile-Mint Deal
A collection of public interest groups is asking the Federal Communications Commission to attach new strings to T-Mobile's proposed $1.3 billion purchase of prepaid phone sellers Mint Mobile and Ultra Mobile, including a requirement that the carrier more quickly "unlock" its phones so they can be transferred between service providers.
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March 26, 2024
Don't Give ISPs Penalty-Free Buildout 'Amnesty,' FCC Told
Broadband providers that default on their agreements to use federal funds to deploy service in rural areas shouldn't get a penalty-free pass on those commitments, even though it's critical to still provide those communities with funding, a rural cooperative has said.
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March 26, 2024
Google Urges Texas Court To Undo $12M Voice Patent Verdict
Google has asked a Texas federal court to undo a jury's finding that it owes $12 million to an app developer for infringing patents on a method for calling from multiple phone numbers using a single phone, reasserting that the technology was used commercially well before it was patented.
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March 26, 2024
Judge Declines 'Mini-Trial' Over Fees In 'Reply All' TM Suit
A federal magistrate judge in Brooklyn has awarded nearly $1.1 million in legal fees to Spotify's Gimlet Media while calling out "the extensive finger-pointing and mutual accusations" from a software company and its lawyers over who owes fees after bringing a failed trademark suit targeting the "Reply All" podcast.
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March 26, 2024
GOP Bill Would Fund FCC 'Rip And Replace' Program
A pair of Republican senators is hoping to secure funding for the Federal Communications Commission's cash-strapped "rip and replace" program, introducing a bill that would fully fund the replacement of Chinese telecommunications equipment for small network providers.
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March 26, 2024
Meta, Porn Stars Fight Over Fate Of OnlyFans Suit
Meta traded barbs with adult entertainment performers about how to end a suit claiming the social media giant conspired with OnlyFans to boost the risqué platform over competitors, with the performers fighting to drop their California federal court allegations in a way that they could still be refiled.
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March 26, 2024
FCC Partners With Agencies On Privacy Enforcement
The Federal Communications Commission said Tuesday it will ramp up enforcement with other federal and state agencies to protect sensitive data from hackers and foreign adversaries.
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March 26, 2024
Arista Networks Founder To Pay SEC $1M Insider Trading Fine
The billionaire founder of technology company Arista Networks Inc. will pay a nearly $1 million fine to settle the U.S. Securities and Exchange Commission's allegations that he engaged in insider trading regarding an impending acquisition, the agency announced Tuesday.
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March 26, 2024
FCC Urged To Protect Consumers During Subsidy Wind-Down
With the Affordable Connectivity Program set to run out of money next month, an urban broadband advocacy group is pushing the Federal Communications Commission to put rules in place to protect participants as the program winds down.
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March 25, 2024
Meta Defends Axon Reading To DC Circ. In Privacy Deal Fight
Meta Platforms Inc. on Friday insisted to the D.C. Circuit that a recent U.S. Supreme Court ruling on structural constitutional challenges supports the social media giant's efforts to block the Federal Trade Commission from pursuing changes to a $5 billion privacy settlement.
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March 25, 2024
3 Class Claims Follow US Antitrust Suit Against Apple
Days after the U.S. Department of Justice filed a sweeping antitrust suit against Apple in New Jersey federal court, a group of iPhone buyers are filing suit, launching three separate proposed class actions between Friday and Saturday accusing the tech giant of suppressing innovation in the digital apps, wearables and payments industries through anticompetitive agreements.
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March 25, 2024
Cable Biz Org. Seeks Delay Of Title II Regs On Small Providers
A cable industry group is pressing the Federal Communications Commission to defer by six months imposing "core" Title II rules on small internet service providers if it decides to move ahead with a net neutrality regime in the coming months.
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March 25, 2024
Judge Finalizes Ban On Taking $540M IP Fight To China
An Illinois federal judge granted Motorola's request to stop Hytera from pursuing a non-infringement case against it in China, saying Monday that she would also start contempt proceedings in the case.
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March 25, 2024
Congress Urged To Renew FCC Auctions, Broadband Fund
Dozens of public interest groups want Congress to jump-start the Federal Communications Commission's spectrum auctions and use the proceeds to pour new funds into the Affordable Connectivity Program, fixing two problems confronting the FCC at once.
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March 25, 2024
Sunday Ticket Plaintiffs Rip NFL For 'Privileged' Name Games
The plaintiffs in the antitrust class action against the NFL over its Sunday Ticket broadcast package have accused the league of hiding behind a front-office executive, with an inaccurate job title, to claim that vital documents were privileged and did not need to be disclosed.
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March 25, 2024
Qualcomm Halts Plan To Buy Israeli Biz Under Regulatory Heat
The Federal Trade Commission is celebrating Qualcomm's decision to abandon its attempts at acquiring an Israeli company that makes chips that allow vehicle-to-vehicle communication after too much regulatory pushback.
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March 25, 2024
Catching Up With Delaware's Chancery Court
Last week in Delaware's Court of Chancery, litigants battled as Truth Social went public, Carl Icahn and Tripadvisor hit a roadblock, and more shareholders wailed about "invasive" bylaws. Oil drilling and pharmaceutical mergers sparked new lawsuits, and a sewing machine trademark owner sued to end a contract.
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March 25, 2024
NFL Hits Consumers With Unsolicited Texts, Suit Says
A New York woman alleges the NFL continues to spam her with unsolicited texts even after she opted out of the unwanted marketing messages, according to a proposed class action filed in New York federal court.
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March 25, 2024
Tech Giants Face 1st Probe Under EU Digital Markets Rules
Alphabet, Apple and Meta are being investigated by the European Union over whether they comply with the Digital Markets Act, the first probes launched under regulations aimed at reining in the power of Big Tech, the bloc's executive arm said Monday.
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March 22, 2024
Meta Can't Stop FTC Privacy Tweaks, Feds Say
The Federal Trade Commission told the D.C. Circuit that Meta Platforms Inc. cannot nitpick the agency's structure to dodge in-house proceedings over proposed revisions to a $5 billion data privacy settlement between the commission and the social media giant.
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March 22, 2024
Don't Sweep Ads Into Regs On Foreign Airtime Buys, FCC Told
A collection of broadcasters groups are asking the Federal Communications Commission to keep advertisements out of a potential commission rule requiring disclosures for foreign-sponsored airtime leases, and suggesting that the entire proposal would likely result in a court challenge if adopted.
Expert Analysis
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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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.