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Telecommunications
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July 01, 2024
Herschel Walker Campaign Sues Media Firm Over Payments
The campaign for former NFL star Herschel Walker's losing U.S. Senate run in Georgia filed a lawsuit claiming a Texas-based media firm charged it inflated costs for ad buys and made improper payments to itself and a vendor it had a financial interest in.
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July 01, 2024
Social Media Laws Need More Analysis, Justices Say
The U.S. Supreme Court on Monday returned to the lower courts challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on viewpoint, saying that the Fifth and Eleventh circuits did not conduct the proper analysis on the facial First Amendment challenges to the laws.
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July 01, 2024
Supreme Court Widens Window To Challenge Federal Regs
Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
Dish Doesn't Owe Extra Tower Rent For Space To Open Doors
Telecommunications infrastructure company Crown Castle USA can't charge Dish Wireless for the three feet of space outside its leased area where its doors swing open, a Colorado state judge has declared, nor can it block the doors from opening over its leased property line.
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
E-Commerce Not Speech, Strictly Business, Ga. Tells Judge
Lawyers for the State of Georgia attempted to convince a Georgia federal judge Friday that new regulations on e-commerce platforms set to take effect Monday neither restrict the online platforms' speech, nor do they conflict with a comparable set of restrictions enacted by Congress last year.
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June 28, 2024
FCC Subsidy Opponents File New 5th Circ. Challenge
A free-market group and others seeking to overturn the Federal Communications Commission's telecom subsidy system has again filed suit in the Fifth Circuit to oppose the industry fees that fund the programs.
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June 28, 2024
6th Circ. Won't Move Net Neutrality Challenges To DC
The Sixth Circuit on Friday denied a bid to transfer challenges to the Federal Communications Commission's net neutrality rules to the D.C. Circuit.
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June 28, 2024
Calif. Panel Won't Toss Trial Win By AT&T's Cricket
Cricket Communications Inc. won't have to worry about a 2018 jury trial win being kiboshed after a California appeals court ruled that when it overturned a pretrial ruling because a previous judge failed to disclose that he owned AT&T stock, it didn't mean the entire trial should be undone.
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June 28, 2024
The NFL Lost Big: What Happened, What Happens Next
A California federal jury's rebuke of the NFL's Sunday Ticket broadcast package has the league staring down a $4.7 billion class action verdict, prompting experts to wonder why the league was willing to risk a jury trial in the first place and how it will try to overturn the verdict now that it lost.
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June 28, 2024
AT&T Faces Derivative Suit In Del. Over Toxic Cable Risks
An AT&T Inc. stockholder launched a derivative suit in Delaware's Court of Chancery on Friday seeking damages from the company's directors and top officers on the company's behalf for past, present and future expenses caused by toxic risks from lead-tainted cables around the country.
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June 28, 2024
Gov't Contracts Of The Month: Space Launches And Satellites
June saw NASA and the U.S. Space Force doling out billions of dollars for weather satellites, information technology services and national security space launches. Here, Law360 looks at some of the most noteworthy government contracts over the last month.
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June 28, 2024
Satellite Cos. Call For More Detail On FCC's Space Debris Plan
Satellite companies are telling the Federal Communications Commission that more work needs to be done before it moves forward on an accidental explosion probability threshold for satellites, with several arguing in recent weeks that the agency needs more comment to establish a clear metric.
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June 28, 2024
Most H.I.G. Capital Claims Advance In $915M Del. Audax Suit
A Delaware Superior Court judge has kept alive much of a suit filed by affiliates of H.I.G. Capital alleging "brazen" sell-side fraud and conspiracy by interests of Audax Group in connection with H.I.G.'s $915 million deal in early 2022 for an allegedly overvalued Mobileum Inc.
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June 28, 2024
EU Wraps Antitrust Probe Of Microsoft's OpenAI Stake
The European antitrust authorities have ended their probe into tech giant Microsoft's control of authority in artificial intelligence-powered chatbot ChatGPT's owner OpenAI, but are switching the angle of the investigation in the partnership that could lead to a formal competition probe.
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June 28, 2024
Verizon Hit With $847M Patent Verdict In EDTX
An Eastern District of Texas federal jury on Friday said Verizon should pay $847 million for infringing two General Access Solutions wireless network patents, providing the patent owner with the full relief it requested.
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June 28, 2024
Off The Bench: NFL's Big Loss In Court, NBA Agent Spat
In this week's Off The Bench, a jury delivers the NFL a $4.7 billion punch to the gut, an NBA agent looks to get paid for work that was credited to Rich Paul, and the Arizona Cardinals try to get a former executive's defamation claims sent to arbitration.
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June 28, 2024
Providers Need More Time To Meet SIM Swap Rules, FCC Told
Mobile providers are increasing pressure on the Federal Communications Commission for more time to roll out new phone card swapping policies to comply with an FCC rule aiming to protect wireless consumers from fraud.
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June 28, 2024
Taxation With Representation: Kirkland, Vinson, Skadden
In this week's Taxation with Representation, Aareal Bank AG and Advent International sell a property management and maintenance software company, Webtoon Entertainment Inc. and Tamboran Resources Corp. price initial public offerings, SM Energy Company acquires oil and gas assets, and Nokia sells Alcatel Submarine Networks to the French state.
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June 28, 2024
High Court Enters July With 3 Rulings To Go
In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action.
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June 28, 2024
Skadden Guides Nokia On $2.3B Infinera Buy, Stock Pops
Skadden is representing Nokia on a deal to buy Silicon Valley optical-transmission equipment maker Infinera at a $2.3 billion enterprise value, as the Finnish telecommunications giant looks to upsize its North American optical markets business.
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June 28, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Uber hit with claims from Addison Lee and the former CEO of the Kabbee app, animal by-product company Leo Group file a defamation claim against a local anti-odor campaigner, and a self-styled lord who claims to be the illegitimate son of the late Prince Phillip resume legal action against his cousins for a share in his late aunt's estate. Here, Law360 looks at these and other new claims in the U.K.
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June 28, 2024
Supreme Court Strikes Down Chevron Deference
The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.
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June 27, 2024
Interest Groups Want To Join 6th Circ. Net Neutrality Appeals
The Sixth Circuit should allow several public interest groups to intervene in the bundle of net neutrality challenges currently before the appellate court, in case there's an administration change and the FCC switches positions on the matter, those groups are arguing.
Expert Analysis
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Recent Wave Of SEC No-Action Denials May Be Slowing
The U.S. Securities and Exchange Commission in March granted no-action relief to Verizon and others on the grounds that a director resignation bylaw proposal would mean violating Delaware law, bucking recent SEC hesitation toward such relief and showing that articulating a basis in state law is a viable path to exclude a proposal, say attorneys at Winston & Strawn.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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SEC Off-Channel Comms Action Hints At Future Enforcement
Although the U.S. Securities and Exchange Commission’s recent enforcement action against Senvest does not shed light on how the agency will calibrate penalties related to off-channel communications violations, it does suggest that we may see more cases against standalone investment advisers, say attorneys at Sidley.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Fintiv Denials Are On The Rise At PTAB
Following last year's CommScope v. Dali decision, the Patent Trial and Appeal Board is increasingly using Fintiv factors to discretionarily deny inter partes review petitions — and attorneys ignore it at their peril, say Josepher Li and Michelle Armond at Armond Wilson.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Practical Pointers After Fed. Circ. Double-Patenting Decision
With the Federal Circuit recently denying a full court review of In re: Cellect, a decision regarding obviousness-type double-patenting, affected patent family holders should evaluate their rights through both patent prosecution and future litigation lenses to minimize risks, say Austin Lorch and Jeff Wolfson at Haynes Boone.
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Patent Lessons From 8 Federal Circuit Reversals In March
A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.