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Telecommunications
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July 16, 2024
6th Circ. Says Credit Union Can't Sue T-Mobile Over Cell Scam
The Sixth Circuit on Tuesday ruled that a lower court was correct in tossing a lawsuit in which Michigan First Credit Union sued T-Mobile to recover the reimbursement fees the credit union paid to customers after they suffered unauthorized electronic transfers of money from their accounts due to cellphone scams.
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July 16, 2024
FCC's Media Ownership Rules Are 'Relics,' 8th Circ. Told
Broadcasters are pressing the Eighth Circuit to unravel the Federal Communications Commission's latest local media ownership rules, saying they are based on views of the industry that are long outdated.
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July 16, 2024
FCC Dings América Móvil For Lack Of Notice On Stock Reorg
Mexican mobile operator América Móvil has admitted to the Federal Communications Commission that it broke the rules by transferring control of certain FCC licenses and authorizations to a quartet of subsidiaries without informing the agency.
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July 16, 2024
SiriusXM Must Face Suit Over $150M In Unpaid Royalties In NY
A Virginia federal judge has agreed to let Sirius XM move nonprofit royalty collector SoundExchange's suit to New York federal court, but refused to let it entirely escape claims that it owes more than $150 million in unpaid royalties.
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July 16, 2024
Google Maps Antitrust Suit Deleted For Good
A California federal judge permanently dismissed a proposed class action targeting Google's Maps product, rejecting arguments that the company's terms of service barred third parties from using rival route guidance or places-of-interest tools with a Google-furnished map.
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July 16, 2024
FCC Plans Vote To Expand AI Robocall Regulations
The Federal Communications Commission announced Tuesday that it plans to vote next month on a proposal to require robocallers to disclose their use of artificial intelligence to call recipients, among other potential new rules surrounding AI in telecommunications.
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July 16, 2024
FCC Says Call Routing Protocols Need Better Security
The Federal Communications Commission says it's stepping up its efforts to better secure the signaling protocols mobile telecom providers use to place and maintain calls, telling concerned lawmakers that carriers nationwide have implemented the commission's best practices for network security.
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July 16, 2024
Starboard Demands Change At Tinder Owner Match
New York-based activist investor Starboard Value LP has amassed a 6.6% stake in Match Group Inc. and is pushing the company to go private if it can't make "value-enhancing" gains after its stock plummeted from its 2021 heyday, according to a letter published Tuesday by Starboard.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 15, 2024
T-Mobile Broke Price-Lock Promise After Merger, Suit Says
T-Mobile's promise to federal regulators not to raise prices for three years after its megamerger with Sprint has now expired and it's hiking prices, even on plans that it told customers it would never raise the rates on, according to a new proposed class action.
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July 15, 2024
Netgear Defends RICO, Antitrust Case Against Huawei
Router maker Netgear is coming out in defense of its suit accusing the Chinese government-affiliated Huawei of racketeering and antitrust violations, saying that the tech company has attacked its claims by "overstating the pleading requirements and ignoring the law."
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July 15, 2024
BEAD Should Not 'Impede' Rural 5G Fund, FCC Says
The chair of the Federal Communications Commission told Congress the fear of overlapping deployment is no reason for the government to spend infrastructure dollars on building out fixed internet service before auctioning spectrum for rural mobile broadband projects.
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July 15, 2024
Record Labels Sue Verizon Over Internet Users' File Sharing
A group of the biggest music labels in the world is suing Verizon for allegedly profiting from what they call "pervasive" and "staggering" copyright infringement of the labels' music, saying in a complaint that the internet service provider "deliberately turned a blind eye" to music pirating on its network.
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July 15, 2024
Calif. Justices Nix 3 Charter Arb. Terms, Remand Severability
The California Supreme Court held Monday that three of four challenged provisions in Charter Communications Inc.'s employee arbitration agreement are "substantively unconscionable" but remanded a worker's discrimination case back to the trial court to determine if those provisions can be severed and the agreement can still be enforced.
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July 15, 2024
Bulk Billing Regs Could Hurt Lower-Income Tenants, FCC Told
Tighter regulations on bulk billing in multitenant environments could make it harder for seniors, low-income households and students to afford high-speed internet service, industry representatives told the Federal Communications Commission.
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July 15, 2024
Feds Outline Eligibility Criteria For Foreign Entrepreneur Rule
U.S. Citizenship and Immigration Services provided updated guidance on the requirements for foreign entrepreneurs to qualify for short-term immigration benefits under the International Entrepreneur Rule.
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July 15, 2024
LendingTree Urges FCC To Narrow Lead Consent Rule
Loan marketplace LendingTree is asking the Federal Communications Commission to add an exception to its new "lead generator" consent rule, saying that as it's currently constructed, the rule disadvantages small businesses competing with larger brand names.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Loper Bright Is Shaking Up Dozens Of Regulatory Fights
In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.
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July 12, 2024
GoDaddy Accused Of Kicking Tech Co. Off Platform
The world's largest domain registrar, GoDaddy, is facing a lawsuit accusing it of blackballing a tech company from its platform so that it could force customers to use its own, worse version of the rival's tool for connecting third-party applications to their domains.
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July 12, 2024
FCC Says Rural Areas Get New Funds After Charter Defaults
Charter is going to be dropping some of the Rural Digital Opportunity Fund census blocks it took responsibility for and taking the fines that come with doing so, according to the FCC, which says the good news is that those blocks are now open for more federal funding for another provider.
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July 12, 2024
DC Circ. Upholds FCC Approval Of SpaceX Satellite Plan
A D.C. Circuit panel Friday affirmed a Federal Communications Commission license authorizing SpaceX to deploy thousands of its Starlink satellites, rejecting challenges from satellite TV provider Dish Network LLC and advocacy group DarkSky International.
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July 12, 2024
Valve Says Too Much Game Publisher Variety For Class Cert.
Online gaming giant Valve is fighting certification of a class of some 32,000 gaming publishers that distributed their titles through the company's Steam platform, arguing those publishers have nothing in common to assert any commonality in the alleged creation of a pricing floor that helped sustain Valve's 30% commissions.
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July 12, 2024
FCC Warns NY Landowners To Shut Down Pirate Radio
The Federal Communications Commission has warned more than a dozen landowners in metro New York to shut down pirate radio broadcasting from their properties or face fines up to nearly $2.4 million.
Expert Analysis
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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.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Cos. Should Mind Website Tech As CIPA Suits Keep Piling Up
Businesses should continue evaluating their use of website technologies and other data-gathering software and review the disclosures in their privacy policies, amid an increase so far in 2024 of class actions alleging violations of the California Invasion of Privacy Act's pen register and trap-and-trace provisions, say attorneys at Sheppard Mullin.
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Questions Persist After Ruling Skirts $925M TCPA Award Issue
After an Oregon federal court's recent Wakefield v. ViSalus ruling that the doctrine of constitutional avoidance precluded it from deciding whether a $925 million Telephone Consumer Protection Act damages award was constitutionally sound, further guidance is needed on when statutory damages violate due process, says Michael Klotz at O'Melveny.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Cos. Should Prepare For Foreign Data Transfer Regulations
A new regulatory regime designed to protect U.S. sensitive data from countries of concern may complicate an already intricate geopolitical landscape and affect even companies beyond the data industry, but with careful preparation, such companies can endeavor to minimize the effect on their business operations and ensure compliance, say David Plotinsky and Jiazhen Guo at Morgan Lewis.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.