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Telecommunications
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May 17, 2022
Apple Can't Ax $300M Patent Verdict After Fed. Circ. Ruling
Apple can't undo a Texas federal jury's retrial finding that it owes $300 million for infringing Optis Wireless Technology LLC's standard-essential 4G wireless patents, U.S. District Judge Rodney Gilstrap ruled Tuesday, despite a recent Federal Circuit decision that wiped out a separate $85 million patent infringement verdict against it.
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May 17, 2022
The Week In Bankruptcy: Purdue Bonus, PR Pension Appeal
Two dozen states objected to proposed bonus payments for the CEO of bankrupt drugmaker Purdue Pharma, the First Circuit declined to rehear an appeal over changes made to Puerto Rican teacher pensions as part of the island's restructuring, and Affordable Care Act penalties are taxes in bankruptcy court. This is the week in bankruptcy.
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May 17, 2022
Consumer Group Gets OK For £480M Qualcomm Class Action
A British consumer group won permission Tuesday to represent millions of phone buyers seeking £480 million ($599 million) from Qualcomm over its chip licensing practices, as a tribunal accepted the group's calculation of harm for the purpose of certifying a class.
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May 17, 2022
Fed. Circ. Sends Sipco Radio Patent Back To PTAB Again
The Federal Circuit on Tuesday ruled that the Patent Trial and Appeal Board's decision upholding certain claims in Sipco's radio transmission patent was based on erroneous constructions, remanding the patent to the board for review for a second time.
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May 17, 2022
DC Circ. Says Dish Must Face $3.3B Suit Over License Fraud
The D.C. Circuit on Tuesday revived a whistleblower's False Claims Act lawsuit accusing Dish Network Corp. of using sham companies to buy spectrum licenses worth billions of dollars, after finding that a district judge erroneously invoked the statute's "government-action bar" to dismiss the case last year.
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May 17, 2022
Ch. 11 Cheat Sheet: Pareteum Corp.
Communications software maker Pareteum Corp. has entered Chapter 11 in a New York bankruptcy court, saying it is seeking a 40-day asset sale after its drive for profitability was derailed in part by the discovery of inflated revenue reports.
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May 17, 2022
GOP Leaders Blast NTIA Terms For Areas Needing Broadband
Congressional Republicans are skewering a Biden administration policy holding that locales where high-speed internet projects are planned but remain incomplete still qualify for federal broadband subsidies meant for unserved areas.
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May 17, 2022
Senate Panel Advances Bill To Expand Broadband Fees
Legislation that would require the Federal Communications Commission to study the feasibility of collecting revenue from major tech and social media companies to bolster the Universal Service Fund is ready for a potential vote on the Senate floor after the Commerce Committee advanced the bipartisan legislation last week.
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May 17, 2022
Cable Cos. Warn Against 'Heavy-Handed' Redlining Regs
Telecom industry players cautioned the Federal Communications Commission not to attempt "heavy-handed" regulation under an equal access law as it deals with unlawful discrimination in broadband deployment.
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May 17, 2022
Tort Report: Reddit Tries To Stop Revival Of Child Porn Suit
A Ninth Circuit appeal of a dismissed lawsuit accusing Reddit of profiting from child pornography and a wrongful death suit against TikTok lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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May 17, 2022
Law Profs Back Target's Full Fed. Circ. Bid Over Indefiniteness
A group of nearly two dozen intellectual property law professors want the Federal Circuit to rethink a panel's decision to reverse U.S. District Judge Alan Albright's invalidation of two communications patents asserted against Target.
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May 17, 2022
Musk Threatens To Halt Twitter Deal Over 'Bots' Dispute
Tesla Inc. CEO Elon Musk said Tuesday his prospective $44 billion acquisition of Twitter Inc. will not proceed unless the social media platform's CEO can prove that "bots" represent less than 5% of Twitter users.
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May 17, 2022
Mass. Justices Bless Contract To Charge Inmates For Calls
Massachusetts' highest court found Tuesday that sheriffs can raise money by charging inmates for phone calls, tackling an issue raised in a suit accusing a sheriff's office of striking an illegal kickback scheme with private prison phone operator Securus Technologies Inc.
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May 16, 2022
Chancery OKs Small Investor For $1B Straight Path Class Suit
A retail investor with shares worth less than $600 emerged Monday as class representative for a Delaware Chancery Court suit asserting as much as $1 billion in damages to stockholders in an allegedly unfair sale of Straight Path Communications in 2017, while a $1.6 billion fund failed to secure court approval as co-lead plaintiff.
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May 16, 2022
6 Questions For Outgoing ACA Connects Chief Matthew Polka
Change is coming to ACA Connects, the broadband, phone and cable trade group, as its longtime leader, Matthew Polka, will step down for retirement this summer.
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May 16, 2022
Telecom Software Co. Hits Ch. 11 With $80M Debt, Sale Plans
Communications software maker Pareteum Corp. has filed for Chapter 11 in a New York bankruptcy court, saying it is seeking a quick sale to deal with $79.8 million in debt after its drive for profitability was derailed in part by the discovery of inflated revenue reports.
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May 16, 2022
Users Want Cambridge Analytica Docs In Meta Antitrust Case
Facebook consumers asked a California federal judge Friday to force parent company Meta to turn over material from its internal investigation into the Cambridge Analytica data harvesting scandal, arguing the social media giant's control over data is directly relevant to their antitrust allegations.
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May 16, 2022
Catching Up With Delaware's Chancery Court
Elon Musk kept himself in the spotlight with a cold-feet tweet, a Delaware municipality defended its ordinance on the disposal of fetal tissue, and a law firm got taken to task for leaving too many details out of a court filing. In case you missed any of it, here's a wrap-up of the news last week out of Delaware Chancery Court.
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May 16, 2022
FCC Allows Short License Renewal For Long-Silent Station
The Federal Communications Commission approved a Texas radio station's license renewal application for one additional year, rather than the standard eight-year renewal, citing its long periods of silence and brief moments in operation as justification for the truncated renewal.
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May 16, 2022
Justices Asked To Halt Texas' 'Viewpoint' Social Media Law
NetChoice LLC and the Computer and Communications Industry Association have filed an emergency appeal with the U.S. Supreme Court to block a Texas social media law that prohibits platforms such as Twitter from banning users based on their "viewpoints."
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May 16, 2022
Payment Processors Ask 11th Circ. To Uphold CFPB Sanction
Payment processing and telephone service providers have urged the Eleventh Circuit to uphold a sanction that dismissed part of the Consumer Financial Protection Bureau's robocall case against them and others, saying it was warranted because of the agency's repeated refusal to comply with depositions.
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May 16, 2022
UK Telecom Giants Accused Of Plotting To Destroy Retailer
A defunct electronics chain accused major European cellphone networks at trial on Monday of colluding to eliminate Phones4U as a "competitive force," driving the retailer into administration by coordinating their steps to cut ties with the company.
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May 13, 2022
US, EU Aim To Deepen Work On Chip Shortages, Labor
U.S. and European Union trade officials huddled outside Paris Sunday for a two-day summit with the hopes of increasing their cooperation on issues like chip shortages, labor enforcement and global food shortages resulting from Russia's invasion of Ukraine.
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May 13, 2022
EU Officials Reach Deal To Strengthen Cybersecurity Rules
European Union policymakers on Friday came to a tentative agreement on rules that would require banks, energy suppliers, medical device makers, digital services and a wide range of other critical infrastructure providers to follow beefed-up cybersecurity rules in the wake of mounting global cyberthreats.
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May 13, 2022
Snapchat's Parent Hit With Privacy Suit Over Photo Filters
Snapchat's parent company has been hit with a federal lawsuit accusing the company of using facial recognition in its popular filter-application feature that captures and uses Illinois users' biometric facial data in violation of their privacy rights.
Expert Analysis
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Opinion
ALI Oversteps With Expansive Restatement Of Contract Law
The American Law Institute's consumer contracts restatement project, which members are scheduled to vote on at the ALI's upcoming annual meeting, could upend the established law of contracts, and encourage specious class actions and nullification of arbitration agreements, says Sherman Joyce at the American Tort Reform Association.
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The Fastest Federal Trial Courts: A Look At Virginia, Florida
The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.
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Tips For Evaluating Machine Learning For Contracts Review
Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.
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How To Efficiently Deploy Your Professional Growth Strategy
Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.
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Opinion
Biden Should Act Now To Finalize SEP Draft Policy Statement
In the wake of the public comment period on proposed revisions to standard-essential patent policy, which revealed overwhelming support for the changes, the Biden administration should finalize the draft statement, says Brian Scarpelli at ACT | The App Association.
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A 6-Step Framework For Legal Industry Professional Growth
Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.
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Why Contempt May Be Apt Punishment For High Court Leaker
Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.
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Assessing Litigation Uses Of USPTO 5G Development Study
Jonathan Putnam at Competition Dynamics evaluates the arguments for and against studies like the U.S. Patent and Trademark Office's recent examination of 5G developers' patent activities, analyzing whether such assessments are reliable for litigation.
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Opinion
Clients' Diversity Mandates For Law Firms Are Necessary
Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.
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Opinion
5th Circ. Antitrust Ruling Misinterprets FRAND's Purpose
The Fifth Circuit's recent antitrust decision in Continental Automotive v. Avanci presented an overly narrow reading of fair, reasonable and nondiscriminatory commitment, and will undermine the intended benefits of FRAND licensing and pose particular challenges to emerging innovations for the Internet of Things, say Timothy Syrett and David Katz at WilmerHale.
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5 Questions That Can Help Law Firms Win RFPs
As the volume of matter-specific requests for proposals continues to increase in the legal market, law firms can take some new steps to fine-tune their RFP response-drafting process and strategy, says Matthew Prinn at RFP Advisory Group.
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What 9th Circ.'s CFAA Decision Means For Data Scraping
The Ninth Circuit's recent decision in HiQ Labs v. LinkedIn suggests that plaintiffs relying on the Computer Fraud and Abuse Act to assert claims against data-scraping activities may need to find alternative theories of liability, says Christopher Cole at Crowell & Moring.
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How Law Firms Can Employ More Veterans
Hiring attorneys who are veterans is often overlooked in law firm diversity, equity and inclusion plans, even though it generates substantial benefits, but partnering with like-minded organizations and having a robust and active veterans group will go a long way in boosting a firm's ability to recruit and retain veterans, say Daniel Sylvester and Nicholas Hasenfus at Holland & Knight.
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Associates, Look Beyond Money In Assessing Lateral Offers
In the face of high demand for corporate legal work and persistent staffing constraints, many law firms continue to offer sizable signing bonuses to new associates, but lateral candidates should remember that money is just one component of what should be a much broader assessment, says Stephanie Ruiter at Lateral Link.
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Preventing Impermissible Client Solicitation After ABA Opinion
Following the American Bar Association's recent opinion on the limitations on client solicitation, attorneys at Harris Wiltshire examine the principal rules that govern a lawyer's ethical duties with respect to solicitation, explain how those rules vary by jurisdiction, and provide some practical tips for ensuring compliance.