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Telecommunications
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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.
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March 22, 2024
Marketers Want FCC Robocall Rule Put On Ice During Appeal
A trade group has asked the Federal Communications Commission to hold off on a rule approved in December clamping down on robocalls and texts while the organization pursues an Eleventh Circuit challenge to the new regulations.
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March 22, 2024
Nexstar Faces $1.2M Fine For 'De Facto' Control Of NY Station
The Federal Communications Commission has floated a $1.2 million fine against TV giant Nexstar Media Group Inc. after discovering it obtained "de facto" control of a New York City station and exceeded the FCC's 39% national ownership cap.
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March 22, 2024
Telecom Shareholders Want Tribunal DQ'd Over 'Biased' Blog
The majority shareholders in a Latin American telecommunications tower operator are urging a New York court to reconsider its bid to disqualify the entire tribunal overseeing an arbitration over an alleged corporate coup, saying a blog run by one of the arbiters shows proof of bias.
Expert Analysis
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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9th Circ. Ruling Shows Int'l Arbitration Jurisdictional Snags
While the Ninth Circuit sidestepped the thorny and undecided constitutional question of whether a foreign state is a person for the purposes of a due process analysis, its Devas v. Antrix opinion provides important guidance to parties seeking to enforce an arbitration award against a foreign sovereign in the U.S., say attorneys at Wiley.
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Data Lessons For Tech Cos. After Class Cert. In Reuters Suit
A district court's recent decision that granted class certification to California residents in a data privacy suit against Reuters sends a direct message to companies that aggregate personal information — the collection of someone's data without consent, even if it is not sold, is a concrete harm, says James Ulwick at DiCello Levitt.
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Opinion
Congress Needs Better Health Care Fraud Data From DOD
The U.S. Department of Defense does not collect enough data to prevent health care and service contractor fraud and waste, so Congress should enact benchmarks that the DOD must meet when gathering and reporting data, enabling lawmakers to make better-informed decisions about defense appropriations, says Jessica Lehman at Verizon.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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FCC Inquiry Signals Exploration Of AI For Spectrum Goals
The Federal Communications Commission's recent notice seeking input on the definition of "spectrum usage," uniformity of band requirements and data collection marks the beginning of the agency's interest in leveraging artificial intelligence and machine learning analytics to improve its spectrum management practices, say attorneys at Wiley.
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Upcoming High Court ADA Cases May Signal Return To Basics
Recent cases, including Acheson Hotels v. Laufer, which will be heard by the U.S. Supreme Court in October, raise a fundamental question of whether Americans with Disabilities Act litigation has spiraled out of control without any real corresponding benefits to the intended beneficiaries: individuals with true disabilities, says Norman Dupont at Ring Bender.
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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.