• June 26, 2017

    Cable TV, Phone Groups Call For Revamp Of FCC Fees

    Some telecom service providers are paying more than their fair share to support Federal Communications Commission bureau services, trade groups told the agency in a series of recent filings that argued fiscal year 2017 regulatory fees should be more evenly distributed.

  • June 26, 2017

    BET President Wants Out Of Gender Bias Suit

    A top television executive at Black Entertainment Television LLC asked a California federal court Friday to toss gender bias claims made against him by a female executive under Title VII and California’s Fair Employment & Housing Act, saying those statutes don’t impart individual liability for discrimination on supervisors.

  • June 26, 2017

    The Biggest Telecom Cases So Far In 2017

    The focus for telecommunications so far this year has mostly been on the newly Republican-led Federal Communications Commission and not courtroom drama, but courts have also already made decisions related to net neutrality and the limits of FCC authority. Here are the top telecom cases so far in 2017.

  • June 26, 2017

    Deals Rumor Mill: Landis & Gyr, Vapiano, Telefonica

    Two suitors remain in the battle to buy Swiss power meter manufacturer Landis & Gyr, Germany-based restaurant chain Vapiano could raise up to €184 million in an IPO this week, and Telefonica is mulling a flotation of its Argentine business.

  • June 26, 2017

    High Court Wants Fed. Gov't Input In $120M Samsung Appeal

    The U.S. Supreme Court on Monday invited the federal government to submit a brief in Samsung's appeal of a Federal Circuit decision that it must pay $120 million for infringing Apple’s smartphone patents, according to the high court’s federal docket.

  • June 23, 2017

    Fed. Circ. Axes Prism’s Patents In Appeal Of T-Mobile Win

    The Federal Circuit sided with T-Mobile on Friday after the wireless carrier fended off a $100 million infringement lawsuit by Prism Technologies LLC at trial, and it went further than the lower court by invalidating Prism’s authentication server patents as noninventive, abstract ideas under Alice.

  • June 23, 2017

    Reps Push FCC For ‘Ringless’ Voicemail Protections

    Rep. Dan Lipinski, D-Ill., has led a group of House lawmakers in urging the Federal Communications Commission on Thursday to ensure continued consumer protections against "ringless" robocalls sent directly to consumer voicemail, continuing the backlash against a company’s request that was pulled this week at the FCC.

  • June 23, 2017

    Fed. Circ. Affirms Sweeping PTAB Win For Straight Path IP

    The Federal Circuit on Friday affirmed Patent Trial and Appeal Board decisions that largely upheld the validity of three Straight Path IP patents related to real-time video teleconferencing technology, handing the licensing firm a decisive win after a series of attacks from telecom giants like Samsung and Cisco.

  • June 23, 2017

    FCC Says Cyberattack, Not Lobbying, Hit Comment System

    A May disruption to the Federal Communications Commission's online comment system was caused by a cyberattack from traffic that mostly didn't leave comments, the FCC has told lawmakers, saying the problem has been addressed and the system is handling all net neutrality comments.

  • June 23, 2017

    Twitter Signs On To Online Protest For Net Neutrality

    Twitter will take part in a July 12 online protest aimed at saving Obama-era net neutrality rules under threat at the Federal Communications Commission, joining Amazon, Netflix, Mozilla and a growing number of other companies and groups in the “internet-wide day of action to save net neutrality.”

  • June 23, 2017

    Telecommunications Policy Recap For The First Half Of 2017

    President Donald Trump’s victory last year turned telecommunications policy on its head, with Federal Communications Commission Chairman Ajit Pai leading an active first few months at the agency as he seeks to reverse course and undo actions taken during the Obama administration. Here are the top telecom policy developments so far this year.

  • June 23, 2017

    Taxation With Representation: Sullivan, Vinson, Mayer

    In this week’s Taxation With Representation, EQT Corp. buys Rice Energy for $6.7 billion, European telecommunications giant Altice prices the second largest U.S. IPO of 2017, and alcohol maker Diageo plans to pay as much as $1 billion to acquire U.S. tequila brand Casamigos.

  • June 23, 2017

    Call Recipients Say SolarCity Changed TCPA Suit Deal

    A putative class alleging it received unwanted sales calls from SolarCity Corp. in violation of the Telephone Consumer Protection Act on Thursday sought to enforce a settlement term sheet in the case, saying the company has tried to change the deal.

  • June 22, 2017

    SoCal Better Homes TCPA Fax Class Decertified

    A California judge on Thursday decertified a claimed class of 3,000 residents who allegedly received unsolicited faxed advertising from SoCal Better Homes, backing the real estate developer’s assertion that ambiguities in a fax list produced after certification indicate the class isn’t ascertainable.

  • June 22, 2017

    TCPA Defendants Down, But Not Out, With 'Pick-Off' Ruling

    The Seventh Circuit recently added to limitations companies face when making offers of full relief to individual plaintiffs in TCPA class actions in order to ward off certification, otherwise known as "pick-offs," but the judges' acknowledgment that some offers may be adequate could give defendants a boost in certain cases.  

  • June 22, 2017

    Robocalls, Reassigned Numbers On FCC Meeting Agenda

    The Federal Communications Commission is set to tackle a spate of consumer protection issues at its open meeting next month, including proposals to set up a system for authenticating the source of robocalls and to make it easier for companies to know when a customer's phone number has been reassigned, the commission said Thursday. 

  • June 22, 2017

    Intellectual Ventures Wants Fed. Circ. To Redo PTAB Ruling

    Intellectual Ventures urged the Federal Circuit Wednesday to rehear en banc its ruling that the Patent Trial and Appeal Board did not violate the licensing company’s due process rights by failing to notify it of, and give it the opportunity to rebut, the claim construction that no party had proposed.

  • June 22, 2017

    FCC Plans $120M Robocalling Scam Fine For Miami Man

    The Federal Communications Commission voted at its meeting Thursday to hit a Miami man with a proposed $120 million fine after he allegedly flooded consumers with 96 million unlawful robocalls in three months, in a “major, unprecedented action” of enforcement, FCC Chairman Ajit Pai said.

  • June 22, 2017

    Ericsson Hit With NJ Developer's Suit Over $15M Contract

    A New Jersey real estate developer sued Ericsson in federal court Wednesday over the company’s alleged refusal to allow the developer to bring its own environmental inspector to look at the property before fully closing on the $15 million sale.

  • June 22, 2017

    Cogent Communications Gets OK For $3M Class OT Deal

    A California federal judge on Thursday granted preliminary approval to Cogent Communications’ $3 million deal to end class action claims that the internet provider shorted the overtime payments of over 300 workers and purposely kept them in the dark about the state’s labor laws.

Expert Analysis

  • Monthly Column

    Gray Matters: We Feel, We Decide


    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Key Privacy Developments In Trump's First 150 Days

    Jaipat S. Jain

    Recent significant shifts in privacy policy include an executive order withdrawing Privacy Act protections for non-U.S. individuals, and the rollback of the Federal Communications Commission's broadband privacy rules, says Jaipat S. Jain of Lazare Potter & Giacovas LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • The Latest SEP Developments In China

    Guizhen Han

    China's current judicial practices appear to indicate that standard-essential patent holders are in a favorable condition to commence relevant patent infringement litigation to protect legitimate rights and interests in China, say attorneys with Tian Yuan Law Firm.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Obviousness May Soon Return To High Court

    Derek Dahlgren

    Consensus is building that the U.S. Supreme Court should grant the petition to hear Samsung v. Apple. The issue that has received the most attention from the amici briefs and the most pages from the parties is how the Federal Circuit applied the obviousness analysis, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • 'Dancing Baby' Copyright Case Through A Proper Lens: Part 2

    David Lichtman

    The Ninth Circuit was correct in its finding that any fair-use analysis for a Digital Millennium Copyright Act takedown notice is a fact-based, subjective determination. According to the Lenz petition for certiorari, the Ninth Circuit’s decision would open the floodgates for a slew of unreasonable claims as grounds for removal of online speech — but the petition conflates incorrectly “subjective beliefs” with “unreasonable beliefs,... (continued)

  • 'Dancing Baby' Copyright Case Through A Proper Lens: Part 1

    David Lichtman

    The question presented to the U.S. Supreme Court in Lenz v. Universal Music, as framed by the anti-copyright group the Electronic Frontier Foundation, somewhat misstates what the Ninth Circuit actually held in the underlying case, and the petition for certiorari does not actually address the most important issue raised by the case, say David Leichtman of Leichtman Law PLLC and Sherli Furst of Robins Kaplan LLP.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.