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Telecommunications
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August 21, 2024
NC Biz Court Bulletin: Wrinkle In Textile Family's $17M Fight
The fate of a $17 million trust battled over by its trustees and Atrium Health, as well as attorney fees in a $1.1 million data breach settlement were cemented by the North Carolina Business Court in the first half of August. In case you missed those and others, here are the highlights.
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August 21, 2024
Mich. Families Drop Virtual Jail Visit Suit Against Telecom
Families of inmates in the St. Clair County Jail have dropped their claims against a jail telecommunication provider after a Michigan state judge ruled that the families' constitutional rights were not violated by the jail's decision to replace in-person visitation with video calling.
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August 21, 2024
Justices Urged To Take Up 9th Circ. $1.3B Award Suit
The corporate arm of India's space agency is trying to downplay how big of a circuit split the Ninth Circuit created when it ruled it had no jurisdiction over a $1.3 billion arbitral award, but the company's attempts are "unconvincing," an Indian satellite telecom has told the U.S. Supreme Court.
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August 21, 2024
Chamberlain Hrdlicka Can't Nix $700K Award To Consultant
A Lone Star State appellate court has sided with a cost-cutting consulting firm in preserving a $700,000 judgment it was awarded following a 2022 jury trial against Chamberlain Hrdlicka White Williams & Aughtry, rejecting the law firm's argument that its liability was limited to a far lower amount under their contract.
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August 20, 2024
OnePlus Gets Do-Over For 'Excessive' $10M Pantech Verdict
Chinese phone company OnePlus can have a new trial on damages after it was hit with a $10 million infringement verdict in Pantech Corp.'s patent dispute over technology used to comply with 5G wireless standards, a Texas federal judge ruled, saying, "There is no question this verdict is excessive."
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August 20, 2024
9th Circ. Revives Google Chrome Users' Data Privacy Suit
The Ninth Circuit on Tuesday reversed the dismissal of a proposed class action accusing Google of surreptitiously collecting Chrome users' data, finding that the lower court had relied on the incorrect standard in determining whether a "reasonable" consumer would think they had consented to the disputed practice.
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August 20, 2024
FCC Urged To Boost Middle-Mile Support For Alaska Telecoms
Alaskan telecoms are telling the Federal Communications Commission that their state needs special rules for middle-mile support, saying that Alaska's short construction season, roadless areas and other unique challenges mean that more support will be needed to achieve widespread connectivity.
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August 20, 2024
Don't Nix 'Band Manager' Approach In 4.9 GHz, FCC Told
Public interest groups have urged the Federal Communications Commission to preserve its original plan to use a national band manager to oversee a 4.9 gigahertz spectrum revamp rather than turning it over to FirstNet through a nationwide license.
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August 20, 2024
USDOT Floats Vehicle-To-Everything Deployment Plan
The U.S. Department of Transportation is setting out an aspirational timeline for vehicle-to-everything infrastructure deployment, saying it wants to see the technology deployed on 50% of the nation's highways by 2031.
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August 20, 2024
Apple Says iCloud Monopoly Suit Can't Stay Afloat
Apple has told a California federal judge that it's time to boot a proposed class action that accuses it of flouting federal antitrust laws by blocking third-party cloud storage services from accessing and storing certain files on its smartphones.
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August 20, 2024
Cox, Music Publishers Ask Justices To Review Copyright Row
Cox Communications and music publishers led by Sony Music Entertainment have petitioned the U.S. Supreme Court to review a Fourth Circuit ruling — with music companies asking for clarity on the scope of liability for internet service providers for online piracy and Cox asking whether it can be responsible for copyright infringement for merely providing an internet connection.
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August 20, 2024
FCC Says No To 8 Nonprofit Stations In Texas
The Federal Communications Commission says it is not approving eight applications for new low power FM stations because the Christian entities that applied for them appear to actually all be part of the same organization, which does not qualify as an educational nonprofit.
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August 20, 2024
Verizon Customer Says Stalker Got Her Info, Arrived With Knife
A Verizon Communications Inc. customer alleges in a North Carolina federal court complaint that the telecom violated federal privacy law when it gave her private information to a stalker who was threatening to kill her, allowing him to arrive at her house with a knife.
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August 20, 2024
Fed. Circ. Flips Samsung's Win In 'Slide To Unlock' Patent Suit
The Federal Circuit on Tuesday revived part of a small smartphone company's patent suit against Samsung over its "swipe to unlock" feature, saying that one of Neonode Smartphone's core patent claims was more definite in its scope than the lower court gave it credit for.
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August 20, 2024
FCC Can't Subsidize Off-Campus Wi-Fi, Think Tank Argues
A free-market group criticized the Federal Communications Commission's new program to subsidize Wi-Fi service for schools and libraries, saying it is not just a dubious policy choice but breaks with the statutory limits that Congress set for the E-Rate program.
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August 20, 2024
Epic Will Pay Google $400K For Play Store Contract Breach
Epic Games has agreed to pay Google around $400,000 for implementing its own payment method in "Fortnite" and getting booted from the Play Store, as the court continues to mull what changes Google will have to make after a jury found that its policies violate antitrust law.
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August 20, 2024
Feds Launch Probe Into Wi-Fi Technology Imports
The U.S. International Trade Commission opened an investigation into a domestic semiconductor company's claims that a Chinese rival was selling Wi-Fi technology in the U.S. that infringes on its intellectual property.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
Broadcasters Fight Blockage Of Sports Streaming Megadeal
ESPN, Fox and Warner Bros. Discovery have petitioned the Second Circuit to allow their "sports-first" broadcasting service Venu to move ahead while they face antitrust litigation from streamer Fubo, which blocked Venu's launch last week.
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August 19, 2024
Fed. Circ. Urged To Review Dish's Fight Over Atty Fee Liability
A technology industry group on Monday urged the full Federal Circuit to take a look at a precedential panel decision preventing Dish Network LLC from collecting fees directly from a patent litigation company's lawyer, arguing that the ruling "rips a gaping hole" in legal fee jurisprudence that would "immunize" lawyers from ever having to pay attorney fees for filing baseless patent lawsuits.
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August 19, 2024
FTC Pushes To Limit Meta's Merger Defenses
The Federal Trade Commission continues to push the D.C. federal court overseeing its monopoly suit against Meta to slim down the social media titan's defenses ahead of the trial that the Facebook parent company is still hoping won't happen.
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August 19, 2024
FCC Yanks Phone Co.'s Authorization After Getting No Answer
The Federal Communications Commission says a telecom is no longer allowed to operate in the United States after it failed to live up to the commitments it made to the federal government and then ghosted the agency when it tried to get in touch.
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August 19, 2024
Philips Drops FRAND Case After Jury Trial Canceled
Dutch electronics giant Koninklijke Philips NV agreed to drop its patent case against a major French cellular brand on Monday, shortly after both sides agreed to cancel a jury trial in Delaware federal court that would have set the licensing rates for patents covering ways of complying with 3G and 4G telecom standards.
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August 19, 2024
Feds Trim Sentencing Request For Atty In Email Fraud Case
Massachusetts federal prosecutors have shaved 11 months off of a nine-year sentencing request for an Illinois attorney who was convicted of collecting proceeds from an email fraud scheme, after the First Circuit vacated three of the lawyer's six counts on venue grounds.
Expert Analysis
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Practical Private Equity Lessons From 2 Delaware Deals
A pair of Delaware Chancery Court cases remind private equity sponsors that specificity is crucial through the lens of deal certainty, particularly around closing conditions and agreement sections of acquisition agreements, say Robert Rizzo and Larissa Lucas at Weil Gotshal and William Lafferty at Morris Nichols.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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What Companies Should Consider Amid Multistate AG Actions
The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Careful Data Governance Is A Must Amid Enforcement Focus
Federal and state regulators' heightened focus on privacy enforcement, including the Federal Trade Commission's recent guidance on consumer protection in the car industry, highlight the importance of proactive risk management, compliance and data governance, say Jason Priebe and Danny Riley at Seyfarth.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Takeaways From Nat'l Security Division's Historic Declination
The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.