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Telecommunications
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June 21, 2024
Zoom Latest Tech Giant Accused Of Infringing NM Co.'s Patent
A New Mexico company has hit videoconferencing behemoth Zoom with a patent suit in Colorado federal court, alleging that Zoom is knowingly infringing a patent for identifying voices across multiple telephone networks.
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June 21, 2024
Off The Bench: ACC-FSU Rematch, Supreme Win For Fla. Tribe
In this week's Off The Bench, the next round of venue tug-of-war begins between the Atlantic Coast Conference and Florida State University, the U.S. Supreme Court hands Florida and the Seminole Tribe a lucrative gaming win, and Roger Goodell and Jerry Jones defend the NFL's handling of its Sunday Ticket package.
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June 21, 2024
Rip And Replace 'Ruinous' Without Fed Funds, Carriers Say
A rural telecoms trade group is warning the Federal Communications Commission of potentially "ruinous" financial predicaments for small carriers if the "rip and replace" program targeting Chinese-made telecommunications equipment isn't fully funded soon, saying in a new filing that carriers are considering reducing service because of the lack of funding.
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June 21, 2024
Apple Can't Challenge £853M IPhone Battery Class Action
Apple failed in its bid to challenge an £853 million ($1 billion) proposed class action that accuses it of concealing problems with batteries in the phones of 24 million customers, after an appeals court found Friday the claim had prospects of success.
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June 21, 2024
Paul Hastings Bankruptcy Ace Joins Greenberg Traurig
Greenberg Traurig LLP added a Houston-based veteran bankruptcy attorney from Paul Hastings as a new shareholder.
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June 21, 2024
Sens. Introduce 'Complementary' Bill To TikTok Ban
A bipartisan bill introduced Thursday would require websites and apps to disclose to their users if they are owned wholly or partially by China, North Korea, Russia or Iran or if data collected through those sites or apps is accessible to those countries.
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June 20, 2024
TikTok Says Alternatives To 'Dangerous' Ban Were Ignored
TikTok said Thursday that federal lawmakers likely didn't even consider its "exhaustive, multi-year efforts" to address national security concerns before deciding to ban the social media platform, slamming the law as "unprecedented" and warning that it sets "a dangerous precedent."
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June 20, 2024
NFL Sunday Ticket Is Procompetitive, Stanford Prof Tells Jury
A Stanford University professor of economics on Thursday told a California federal jury considering multibillion-dollar antitrust claims against the NFL that the league's subscription deal with DirecTV and its method for distributing broadcast proceeds evenly to all its teams are procompetitive practices.
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June 20, 2024
Calif. AG, City Atty Target SpongeBob App Over Kids' Privacy
California's attorney general and the Los Angeles city attorney have teamed up to secure a deal that requires the operator of a SpongeBob SquarePants-themed app to pay $500,000 and overhaul its data-handling practices to resolve claims that the company gathered and shared children's personal information without consent.
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June 20, 2024
'Jetflicks' Piracy Trial Results In 5 Convictions In Las Vegas
Following a trial that stretched on for half a month, a federal jury in Las Vegas convicted a group of people who were accused of making more than $1 million running an illegal streaming website called "Jetflicks."
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June 20, 2024
Caltrans Tells FCC It's Against FirstNet Control Of 4.9 GHz
California's Department of Transportation is adding its name to the list of public service entities lining up to tell the Federal Communications Commission that making AT&T's FirstNet the national manager of the 4.9 gigahertz safety band is a bad idea.
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June 20, 2024
FCC Slams Bid In 6th Circ. To Put Net Neutrality On Hold
The Federal Communications Commission told the Sixth Circuit on Tuesday it should pay no heed to a collection of net neutrality challengers arguing that "dire consequences" will ensue if the appellate court doesn't stop the agency from reinstating open internet regulations while the two sides argue the matter out in court.
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June 20, 2024
FCC Allows Top-4 Exception So Gray Can Sell Station
The Federal Communications Commission has granted an exception to its rule prohibiting ownership of stations carrying more than one top-four network in a local market, allowing Gray Television to sell a Cheyenne, Wyoming, station as part of a larger deal.
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June 20, 2024
Ex-Satellite Tech Drops Wage Suit Against Dish Retailer
A satellite technician dropped his proposed collective action accusing his former employer of misclassifying him and his co-workers as independent contractors and depriving them of overtime wages, according to a dismissal notice filed in Georgia federal court.
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June 20, 2024
EchoStar Says Customers Can Skip Junk Fees With Right Info
Dish Network parent company EchoStar is defending early termination fees to the Federal Communications Commission, telling the agency that Dish's 2009 settlement agreement over deceptive charges can serve as a model for FCC billing guidelines.
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June 18, 2024
Qualcomm Investors Ink $75M Deal Over Licensing Practices
Qualcomm Inc. investors asked a California federal judge to greenlight a $75 million settlement that would resolve their claims that the chipmaker misled the market by stating it kept its licensing and chip-supply businesses separate when it regularly bundled the two in negotiations and agreements.
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June 18, 2024
Ex-CBS Sports Chair Denies Fixing NFL Sunday Ticket Price
The recently retired chairman of CBS Sports on Tuesday told a California federal jury considering multibillion-dollar antitrust claims against the NFL that his network didn't collude with the league to fix the price of the DirecTV Sunday Ticket television package.
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June 18, 2024
IPhone Buyers Want Canadian Data In Amazon Antitrust Case
Apple Inc. and Amazon.com Inc. must be forced to turn over Canadian sales data as part of a lawsuit accusing the pair of hatching an anticompetitive agreement to choke third-party sales, a group of iPad and iPhone buyers told a Washington federal court.
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June 18, 2024
No Reason To Move Net Neutrality Suits To DC Circ., ISPs Say
Nearly a dozen industry groups are calling on the Sixth Circuit to reject an effort by the Federal Communications Commission to move a raft of lawsuits over the FCC's net neutrality rules to the D.C. Circuit.
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June 18, 2024
Fed. Circ. Won't Revive Philips Communication Patent Claims
The Federal Circuit on Tuesday sided with Patent Trial and Appeal Board judges who gutted claims in a Philips patent challenged by a Chinese chipmaker that is facing an infringement suit in Delaware.
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June 18, 2024
Google's Deal With Apple Should Be Busted Up, Users Say
Counsel for consumers accusing Google of making an illegal pact with Apple to serve as the iPhone's default search engine urged a California federal judge on Tuesday to revive their dismissed antitrust suit, saying, "We're looking to bust up the contract to get competition back in the market."
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June 18, 2024
Anticompetitive Rules Hinder BEAD Fund, Critic Claims
The success or failure of the $42.5 billion Broadband Equity, Access, and Deployment program lies in the "devilish details," according to one free-market think tank, which says that rules encouraging rate regulation and favoring "gold-plated" fiber technology could soon "cause havoc" if oversight is not rigorous enough.
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June 18, 2024
Texas Atty Pares Border Phone Search Suit To Just APA Claim
A Texas attorney has significantly trimmed a lawsuit over cellphone searches at the border, dismissing claims he brought under the First and Fourth Amendments but leaving intact allegations the practice represents a violation of the federal Administrative Procedure Act.
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June 18, 2024
Microsoft Says Starbucks Ruling Hurts FTC's Activision Case
Microsoft told the Ninth Circuit on Monday that the U.S. Supreme Court's recent ruling requiring labor regulators to meet a four-factor test in order to win a preliminary injunction undercuts the Federal Trade Commission's bid to halt the company's $68.7 billion acquisition of Activision Blizzard Inc.
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June 18, 2024
Democrats Punt On Spectrum Bill, Claiming GOP 'Obstruction'
A Senate Democratic leader again delayed consideration of a bill Tuesday to renew the Federal Communications Commission's spectrum auction powers, saying the holdup was instigated by Republicans on the Senate Commerce Committee.
Expert Analysis
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Takeaways From Iran Missile Procurement Advisory
Companies should familiarize themselves with the entities and practices highlighted in the recent multiagency Iran Ballistic Missile Procurement Advisory, to avoid falling prey to deceptive practices that help bad actors evade sanctions, say attorneys at DLA Piper.
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Safe-Harbor Period Change Could Hinder TCPA Compliance
A proposed rule change under consideration by the Federal Communications Commission would require businesses to honor do-not-call requests within 24 hours of receipt for calls and texts that are subject to the Telephone Consumer Protection Act, and companies have already called it unreasonable, say Aaron Weiss and Danny Enjamio at Carlton Fields.
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Cos. Must Address Growing Chatbot Class Action Risk
Following a new wave of chatbot-related consumer data privacy litigation and expanding compliance obligations created by state legislatures, businesses using such technology face a high-risk environment for wiretapping allegations, with inconsistent court rulings to date and uncertain legal holdings ahead, say attorneys at Pierce Atwood.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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5 Telecom Issues To Watch Amid FCC Broadband Proposal
The Federal Communications Commission's recent proposal to restore net neutrality rules and reassert its regulatory authority over broadband providers is likely to spark debate over certain issues, including privacy rules and questions surrounding the commission's legal authority, says Matthew DelNero at Covington.
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Series
ESG Around The World: The UK
Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Opinion
Test Results Signal Poor Odds For Lead Cables Litigation
After sites in New York and New Jersey allegedly contaminated with lead by telecommunications cables were found by state and federal agencies to present no imminent threats to public health, it seems unlikely that mass litigation over this issue by plaintiffs firms or state attorneys general will succeed, says Andrew Ketterer at Ketterer & Ketterer.
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Opinion
Justices Should Nix Section 230 Immunity For Tech
The U.S. Supreme Court recently agreed to decide two new cases that present another opening to curtail the broad immunity enjoyed by tech company-owned social media platforms under Section 230, and it's long past time for online publishers to be treated the same as traditional ones, says Douglas Mirell at Greenberg Glusker.
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To Comply With Campaign Finance Rules, Watch The Calendar
Corporations, campaigns and community advocates alike can all stay on the right side of federal campaign finance law during the 2024 election season by committing to observe the many overlapping dates and compliance windows that limit third-party coordination with candidates and electioneering communications, say attorneys at Wiley.
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Unpacking The FAR Council's Cybersecurity Rules Proposal
New reporting and information sharing requirements in the Federal Acquisition Regulatory Council's recently proposed cybersecurity regulations would create new False Claims Act enforceability risks, and could be a focus for the U.S. Department of Justice's Civil Cyber Fraud Initiative, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Class Action Defense: Don't Give Up On Bristol-Myers Squibb
Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Diamond Sports Cases Shed Light On Executory Contracts
Recent Texas bankruptcy cases involving telecast fees payable by Diamond Sports to certain Major League Baseball teams provide a window into the dynamic relationship that can develop between debtors and counterparties under some executory contracts, say Joseph Badtke-Berkow and Robin Spigel at Allen & Overy.