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Telecommunications
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October 24, 2024
Broadcasters Doubt Legality Of FCC Blackout Reporting Regs
TV broadcasters questioned a Federal Communications Commission plan to require cable and satellite companies to report programming "blackouts" caused by carriage disputes to a central database, saying the agency appears to lack legal authority to impose such a requirement.
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October 24, 2024
TikTok Won't Get 3rd Circ. Rehearing Of Section 230 Ruling
The Third Circuit on Wednesday turned down TikTok's request for an en banc rehearing of a panel decision that the social media company's "For You Page" algorithm isn't entitled to immunity under Section 230 of the Communications Decency Act in a case over a 10-year-old's death.
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October 24, 2024
Biden Issues Guidelines For National Security Uses Of AI
President Joe Biden issued a memo Thursday on the development and use of artificial intelligence for national security, directing actions such as shoring up the security of computer chip supply chains and ensuring AI is not used to commit human rights violations.
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October 24, 2024
FCC Finds Fraught Turf In Planning The Future Of 4.9 GHz
The Federal Communications Commission wants to dedicate unused portions of the 4.9 gigahertz band to both public safety and 5G, but has discovered just how hard it is to please everyone in an era of dwindling spectrum resources.
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October 24, 2024
Huawei Trade Secrets Trial Pushed Back To 2026
A Washington federal judge on Thursday approved a request from Huawei and the government to delay a trial until October 2026 in a case alleging the company stole T-Mobile's trade secrets.
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October 24, 2024
Statute Of Limitations Tolled In AT&T Workers' OT Suit
An Illinois federal judge agreed Thursday to toll the statute of limitations for call center workers claiming that AT&T failed to pay them overtime, one day after the workers said extraordinary circumstances required tolling.
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October 24, 2024
Mass. Justices Reject Meta, Google 'Wiretap' Claims
Massachusetts' highest court on Thursday found that website operators' use of tracking software like Meta Pixel and Google Analytics does not violate the state's wiretap law, drawing a sharp dissent from one justice who said the legislature will now need to "correct" the court's mistake.
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October 23, 2024
TriZetto Gets New Damages Trial After Ax Of $200M Awards
A New York federal judge Wednesday agreed to hold a new damages trial in Cognizant affiliate TriZetto's trade secret misappropriation and copyright infringement dispute with Syntel, a development that comes after the judge wiped out $200 million in damages awards in favor of TriZetto earlier this year.
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October 23, 2024
Common Ownership Dooms Bids For 9 Low-Power Stations
The Federal Communications Commission said it is not approving nine applications for new low-power FM stations because the entities that applied for them appear to actually all be part of the same organization, which violates the agency's rules on owning multiple stations.
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October 23, 2024
Feds, Huawei Ask To Delay 'Complex' Trade Secret Theft Trial
Washington federal prosecutors and Huawei have both asked to delay until 2026 a trial in a case accusing the company of stealing T-Mobile's trade secrets, noting the complexity of the case and difficulties the attorneys for the Chinese chipmaker have had communicating with witnesses.
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October 23, 2024
Venezuelan TV Mogul Charged In $1.2B PDVSA Bribe Scheme
A Florida federal grand jury returned an indictment Wednesday charging a Venezuelan television news network owner with participating in a $1.2 billion scheme to launder funds from Venezuela's state-owned energy company Petróleos de Venezuela SA in exchange for bribes to Venezuelan officials.
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October 23, 2024
Advocacy Group Denies Political Bent In Fox Philly Fight
An advocacy group is coming out swinging against claims its attempts to strip a Philadelphia Fox television station of its license for peddling conspiracy theories about the 2020 election is partisan, telling the FCC that its petition is about the station's deliberate choice "to lie to the American people."
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October 23, 2024
Telecom Group Sues To Cancel FTC's 'Click To Cancel' Rule
A major cable and internet industry group and others sued the Federal Trade Commission Wednesday over its new "click to cancel" rule, asking the Fifth Circuit to vacate the regulation one week after it was adopted in a 3-2 commission vote.
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October 23, 2024
FCC To Probe Broadband, Cable And Phone Customer Service
The Federal Communications Commission is looking to find out how well the broadband, video distribution and phone industries are doing when it comes to customer service.
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October 23, 2024
High Court Won't Pause Google's Subpoena Of State Agency
The U.S. Supreme Court refused Wednesday to block Google's request for documents in a case accusing the tech giant of monopolizing key digital ad technology as a South Carolina agency challenges an order forcing it to comply with the subpoena.
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October 23, 2024
Top Frontier Investor Calls $20B Price Tag A 'Steal' For Verizon
Frontier Communications shareholder Glendon Capital Management sent a letter to Frontier's board on Wednesday stating the company is currently worth at least $26 billion, 30% higher than the $20 billion value implied by Verizon's planned buyout, as Glendon aims to prevent Verizon from "walking away with a steal."
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October 23, 2024
9th Circ. Backs Injury Firm's Win In Fight Over Google Ads
The Ninth Circuit has upheld an Arizona federal court's ruling in favor of a Tempe-based personal injury firm that was sued by another personal injury firm, Lerner & Rowe, over its purchases of Google advertising search terms, with the judges finding little "actual confusion" was caused by the advertising strategy.
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October 22, 2024
Ex-Google GC Must Be Investigated By Calif. Bar, Groups Say
A trio of groups led by the American Economic Liberties Project on Tuesday pressed the State Bar of California to investigate former Google general counsel Kent Walker for "coaching" the company to "engage in widespread and illegal destruction of records relevant to multiple ongoing federal trials."
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October 22, 2024
Hagens Berman Says Vorys 'Opportunistically' Seeking Lead
Hagens Berman Sobol Shapiro LLP is fighting a bid by Vorys Sater Seymour and Pease LLP to take the lead in a proposed consolidated class action against gaming giant Valve Corp., saying that after they defeated Valve's arbitration provision Vorys sought to "opportunistically" seize the leadership role.
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October 22, 2024
Fla. Says 1st Amendment Doesn't Protect 'False' Abortion Ad
The Florida Department of Health said Tuesday that a campaign ad promoting an abortion rights ballot initiative is not protected by the First Amendment because it is an "out-and-out falsehood" that causes harm by misleading residents about the availability of emergency medical services in the state.
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October 22, 2024
Don't Let Cities Eat Into Broadband Revenue, Think Tank Says
Giving local governments free rein to start charging broadband providers new franchise fees based on their use of public rights of way would be a bad idea that would drive up consumer costs and hinder the growth of connectivity, a free market think tank has argued.
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October 22, 2024
DOJ Wants Google's AI Search Docs, Apple Entry Thoughts
An expansive look into Google's artificial intelligence pipeline and the prospects of Apple entering into the search market are top of mind for the Justice Department as it pursues remedies meant to address the online giant's illegal monopolization of search, according to a D.C. federal court filing Monday.
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October 22, 2024
Madigan Ally's Favors Were '100% Legal,' Not Bribes, Jury Told
Counsel for an ex-lobbyist standing trial on public corruption charges alongside former Illinois House Speaker Michael Madigan told an Illinois federal jury Tuesday that the government is treating legal lobbying activity as bribery, and that his client did "100% legal favors" for Madigan to establish trust and maintain access to the powerful politician.
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October 22, 2024
Hagens Berman Tells Amazon, Apple: Sure, Sanction Client
Hagens Berman Sobol Shapiro LLP is fine with a Washington federal court sanctioning the firm's client — formerly the lead plaintiff — in a putative antitrust class action against Apple and Amazon, saying it shares their goal of compelling document production after the plaintiff ghosted his attorneys.
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October 22, 2024
EchoStar Blasts SpaceX 12 GHz Study As 'Deeply Flawed'
Dish owner EchoStar hit back at SpaceX in a new filing with the Federal Communications Commission last week, calling a SpaceX study claiming that Dish's proposed fixed 5G service in the 12 gigahertz band would interfere with existing satellite broadband and broadcast service "deeply flawed" and based on "imaginary interference."
Expert Analysis
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate
The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.
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Patent Lessons From 4 Federal Circuit Reversals In July
The Federal Circuit’s July reversal of four cases, all of which were Patent Trial and Appeal Board decisions, highlights lessons for patent practitioners regarding the scope of estoppel provisions, potential issues with obtaining certain substitute claims, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Patent Owner Estoppel Questions In The Wake Of SoftView
The U.S. Patent and Trademark Office's seldom-litigated Rule 42.73(d)(3) on Patent Trial and Appeal Board estoppel was recently brought to the forefront in the Federal Circuit's SoftView v. Apple decision, highlighting uncertainties in this aspect of patent practice, say David Haars and Richard Crudo at Sterne Kessler.
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Opinion
A Fuzzy Label With Bite: FTC Must Define Surveillance Pricing
The Federal Trade Commission recently issued orders to eight companies — including Mastercard, McKinsey and Chase — seeking information on "surveillance pricing," but the order doesn't explain the term or make the distinction between legal and illegal practices, leaving any company that uses personalized pricing in the dark, says Chris Wlach at Huge.
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Nuclear Waste Storage Questions Justices May Soon Address
The petition for the U.S. Supreme Court to review U.S. Nuclear Regulatory Commission v. Texas stands out for a number of reasons — including a deepening circuit split regarding the NRC's nuclear waste storage authority under the Atomic Energy Act, and broader administrative law implications, say attorneys at MoloLamken.
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3 Patent Considerations For America's New Quantum Hub
Recent developments signal an incredibly bright future for Chicago as the new home of quantum computing, and it is crucial that these innovators — whose technology has the potential to transform many industries — prioritize intellectual property strategy, says Andrew Velzen at McDonnell Boehnen.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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DOJ Must Overcome Hurdles In RealPage Antitrust Case
The U.S. Department of Justice's recent claims that RealPage's pricing software violates the Sherman Act mark a creative, and apparently contradictory, shift in the agency's approach to algorithmic price-fixing that will face several key challenges, say attorneys at Clifford Chance.
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How Companies Are Approaching Insider Trading Policies
An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.
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11 Patent Cases To Watch At Fed. Circ. And High Court
As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.
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Why India May Become A Major Patent Litigation Forum
India is reinventing itself with the goal of becoming a global hot spot for patent litigation, with recent developments at the Delhi High Court creating incentives for plaintiffs to assert patent rights in India, say Ranganath Sudarshan at Covington and IP litigator Udit Sood.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Finding Coverage For Online Retail Privacy Class Actions
Following recent court rulings interpreting state invasion of privacy and electronic surveillance statutes triggering a surge in the filing of privacy class actions against online retailers, companies should examine their various insurance policies, including E&O and D&O, for defense coverage of these claims, says Alison Gaske at Gilbert LLP.