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Telecommunications
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January 17, 2025
Google Judge Says Apple Intervention Could Open 'Floodgates'
A D.C. federal judge seemed skeptical Friday about allowing Apple Inc. to intervene in legal wrangling between Google and the U.S. Department of Justice over the proper fix for Google's search monopoly, raising concerns that granting intervention would pave the way for other companies to do the same.
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January 17, 2025
Albright Clears Cisco At Close Of $121M Network Patent Trial
Cisco prevailed Thursday in a trial alleging that it owed $121 million for infringing a Corrigent Corp. communications network patent, when Western District of Texas Judge Alan Albright granted Cisco's motion arguing that Corrigent failed to prove its case.
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January 17, 2025
Up Next At High Court: Forum Shopping & TCPA Definitions
The U.S. Supreme Court will return to the bench Tuesday for a short argument session, during which the justices will consider the U.S. Food and Drug Administration's bid to limit forum shopping by manufacturers challenging agency decisions and how much deference district courts must give to Federal Communications Commission orders.
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January 17, 2025
Colo. Judge Rejects Xcel's Bid To Move Wildfire Trial
A Colorado state judge has rejected Xcel Energy's bid to move a September trial over its alleged liability for a 2021 wildfire away from where the fire took place, finding the utility company failed to show six fair jurors can't be found in a county of more than 300,000 people.
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January 17, 2025
FCC Mandates More Efforts To Combat Telecom Cyber Threats
The Federal Communications Commission has provided details of new requirements on telecom providers to counter cybersecurity threats, a late-hour move criticized several days ago by the agency's incoming Republican leadership before the new rules were formally released.
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January 17, 2025
Users' Google Suit Can Advance With Pared Search Claims
Winnowed consumer antitrust claims against Google can move forward after a California federal judge said Thursday that while users failed to resurrect claims of an agreement keeping Apple out of online search, they've now adequately accused Google of stifling would-be rivals with fewer ads or more privacy.
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January 17, 2025
Off The Bench: Arrest In NBA Betting Probe, 76ers' Arena Deal
In this week's Off The Bench, the betting fraud investigation with a former National Basketball Association player at the center produces another arrest, the Philadelphia 76ers pull out of one new arena agreement and sign up for another, and a champion fighter is accused of assaulting a woman at a basketball game.
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January 17, 2025
Supreme Court Upholds TikTok Sale-Or-Ban Law
The U.S. Supreme Court upheld a federal law Friday requiring TikTok to be divested from its Chinese parent company by Sunday or face a nationwide ban.
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January 16, 2025
GM, OnStar Agree To FTC's Ban On Location Data Sharing
General Motors and OnStar agreed to a five-year ban on disclosing geolocation and driver behavior data to consumer reporting agencies to resolve the Federal Trade Commission's allegations that the companies didn't get drivers' consent before sharing, the agency announced Thursday.
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January 16, 2025
FCC Rejects TV License Attacks As Leadership Switch Nears
The Federal Communications Commission rejected four controversial petitions targeting major news broadcasters Thursday, dispensing with the cases just days before Donald Trump reclaims the White House and installs a Republican majority on the commission.
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January 16, 2025
Biden Makes Final Push To Fortify US Cybersecurity Posture
President Joe Biden took the latest step toward boosting the nation's cybersecurity Thursday, issuing an executive order that requires software vendors that work with the government to prove they're meeting certain security standards and promote the use of artificial intelligence for cyberdefense.
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January 16, 2025
DC Circ. Mulls 'Colorability' In India's Test Of $156M Award
A D.C. Circuit panel wrestled Thursday with what constitutes a "colorable" assertion of sovereign immunity in arbitration enforcement proceedings as India seeks to undo a $155.8 million judgment against it stemming from an arbitration over a soured satellite licensing deal.
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January 16, 2025
Gov't Wants Time During Epic, Google's 9th Circ. Face-Off
When Epic Games and Google face off next month at the Ninth Circuit, the federal government is hoping it will get a few minutes to state its case for why the appellate court shouldn't overturn an order forcing Google to allow alternative app stores on its platform, the government said in a recent motion.
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January 16, 2025
Allstate Hit With Class Action Over Driver Data Collection
Allstate illegally obtained the personal driving data of millions of policyholders via software embedded in third-party apps and secretly used that data to hike premiums, deny claims or drop policyholders from coverage altogether, according to a proposed class action filed in Illinois federal court.
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January 16, 2025
Initial Green Light Given to UnitedHealth's Deal In TCPA Suit
A Washington federal judge gave a $2.5 million settlement between UnitedHealthcare and a class of Telephone Consumer Protection Act claimants preliminary approval, signing off on a deal that class counsel says would net each class member over $90, if all applied.
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January 16, 2025
FTC Elevates Snap AI Chatbot Case To DOJ
The Federal Trade Commission took the rare step Thursday of revealing its referral to the U.S. Department of Justice of its complaint alleging Snap Inc. deployed an artificial intelligence-powered chatbot that harmed young users, prompting incoming Republican Chair Andrew Ferguson to slam the allegations as an "affront to the Constitution and the rule of law."
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January 16, 2025
Lawmakers Ask Biden To Pause TikTok Sale-Or-Ban Law
A group of lawmakers has urged President Joe Biden to extend a Sunday deadline for TikTok to divest from its Chinese parent company over national security concerns or face a nationwide ban, saying presidential action is needed to avoid "catastrophic" effects of the wildly popular social media platform going dark.
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January 16, 2025
Trump Names Senate Commerce Aide As FCC Commissioner
President-elect Donald Trump on Thursday named Olivia Trusty, a top Republican aide on the U.S. Senate Commerce Committee, as his pick for the next GOP commissioner on the Federal Communications Commission.
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January 16, 2025
1st Circ. Vacates Most Of Atty's Marijuana Bribe Conviction
The First Circuit vacated a pair of fraud convictions for a Massachusetts attorney charged in a marijuana bribery scheme, finding that sending an iMessage through an Apple cellphone is not enough to satisfy the wire fraud element requiring interstate communication.
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January 16, 2025
UK Probes Keysight's £1.2B Offer For Telecoms Biz Spirent
Britain's antitrust authority said Thursday that it has launched a formal probe into the £1.16 billion ($1.42 billion) takeover offer made by U.S. technology company Keysight Technologies for Spirent Communications, a U.K. telecoms testing specialist.
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January 15, 2025
Amazon Sr. Counsel Moves To Mintz's Tech, Telecom Practice
Mintz has tapped a former senior counsel at Amazon to join its Washington, D.C., office as a member and boost Mintz's decades-old technology, communications, and media practice, the global law firm announced Wednesday.
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January 15, 2025
Alaska Says Death Of USF Would Be 'Devastating' For State
The people of Alaska will suffer if the U.S. Supreme Court does not undo a Fifth Circuit decision demolishing the Federal Communications Commission's multibillion-dollar subsidy fund, which reduces phone and internet costs for schools, libraries and low-income households, the state has told the justices.
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January 15, 2025
Colo. Panel Mulls If Atty Violations Can Nix Gov't Immunity
A Colorado appellate panel on Wednesday pressed a utility regulator staffer who accused state lawyers of smearing her at work, questioning whether nixing the lawyers' governmental immunity based on alleged professional misconduct would go too far.
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January 15, 2025
Incoming FCC Chair Blasts Agency's Salt Typhoon Response
The Federal Communications Commission's incoming chair on Wednesday blasted an as-yet-unreleased agency decision meant to address network vulnerabilities in the wake of the Salt Typhoon cyberattack that he said misreads federal law.
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January 15, 2025
Outgoing FCC Chair Touts 'Wins On The Board'
With less than a week left in office, the chief of the Biden-era Federal Communications Commission on Wednesday highlighted the accomplishments of her tenure, including efforts to connect more Americans and advance space-based communications, but warned that a number of problems ranging from cybersecurity threats to the digital divide persist.
Expert Analysis
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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.
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Key FCC Enforcement Issues In AT&T Location Data Appeal
AT&T’s decision to challenge a $57 million fine from the Federal Communications Commission for its alleged treatment of customer location information highlights interesting and fundamental issues about the constitutionality of FCC enforcement, say Patrick O’Donnell and Jason Neal at HWG.
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Patent Lessons From 7 Federal Circuit Reversals In May
A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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National Security And The Commercial Space Sector: Part 2
Strategy documents recently published by the U.S. Department of Defense and the U.S. Space Force confirm the importance of the commercial space sector to the DOD, but say little about achieving the institutional changes needed to integrate commercial capabilities in support of national security in space, say Jeff Chiow and Skip Smith at Greenberg Traurig.
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National Security And The Commercial Space Sector: Part 1
The recently published U.S. Department of Defense space strategy represents a recalibration in agency thinking, signaling that the integration of commercial space capabilities has become a necessity and offering guidance for removing structural, procedural and cultural barriers to commercial-sector collaboration, say Jeff Chiow and Skip Smith at Greenberg Traurig.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How AI Cos. Can Cope With Shifting Copyright Landscape
In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.