Telecommunications

February 11, 2025
Public Disclosure Shields US Cellular From Auction Fraud Suit

The D.C. Circuit on Tuesday upheld a lower court's dismissal of long-running False Claims Act accusations against USCellular over alleged spectrum auction fraud, ruling that the relators acting on behalf of the government in the lawsuit lacked new information to bring to the case.
February 11, 2025
FCC's Subsidy Fund Like 'Bureaucrat's Dream,' Justices Told

A free-market litigation group urged the U.S. Supreme Court on Tuesday to overturn the Federal Communications Commission's fee system to support telecom subsidies, comparing the regime to an out-of-control IRS with unbridled taxing powers.
February 11, 2025
Patent Attys Can Be Liable For Fees Too, Justices Told

The tech and retail industries are endorsing an effort by Dish Network aiming to persuade the U.S. Supreme Court to potentially expand the personal liability of lawyers who file failed patent cases that are found to be "exceptional" by the courts.
February 11, 2025
9th Circ. Doubts X Plaintiff Can Revive Phone Data Suit

A Ninth Circuit panel on Tuesday questioned whether a lawsuit targeting social platform X could be revived and remanded to state court, with one judge suggesting circuit precedent established a privacy right that keeps the case in federal court, and another saying the lower court had "broad discretion" in deciding to dismiss the case.
February 11, 2025
End 'Cableopoly' Over Broadband Consumers, 5G Groups Say

Mobile industry groups formed a coalition this week to combat what they say are cable industry tactics meant to keep wireless companies from amassing enough spectrum to fully compete in and bring newer services to the home broadband market.
February 11, 2025
HPE Says Juniper Deal Is Needed To Compete With Top Players

Hewlett Packard said it was blindsided by the U.S. Department of Justice's move to block its $14 billion purchase of Juniper Networks, saying in a new filing that the Antitrust Division lawsuit brought last month will only benefit the biggest player in the market, Cisco, and Chinese competitor Huawei.
February 11, 2025
DC Circ. Won't Pause Google Search Case For Apple Appeal

The D.C. Circuit refused to pause the government's search monopolization case against Google while Apple appeals a ruling that denied its bid to participate in a coming April trial meant to determine what remedies to impose on Google for violating antitrust law.
February 11, 2025
BT Fends Off Customers' Bid To Revive £1.3B Class Action

A group of BT landline customers have failed to revive a £1.3 billion ($2 billion) class action against the telecom giant, after a competition tribunal refused Tuesday to allow an appeal against the first substantive ruling deciding a U.K. collective proceedings order claim.
February 10, 2025
Xcel, Telecom Cos. Say Colo. Fire Plaintiffs Can't Opt Out Of Trial

Xcel Energy and two telecom companies being sued over the Marshall Fire in Colorado told a state judge that hundreds of plaintiffs pushing to opt out of a common liability trial should not be able to do so, at least until expert reports are shared.
February 10, 2025
GOP Sens. Restart Effort To Get Lawmaker OK For Major Regs

It could become tougher for the Federal Communications Commission to adopt new rules for the telecom industry under a bill Republicans have reintroduced that would require a congressional green light for major new regulations.
February 10, 2025
Apple Urges 9th Circ. Not To Revive Web App Antitrust Suit

Apple asked the Ninth Circuit on Friday to affirm a lower court's dismissal of a case from iPhone buyers accusing it of violating antitrust law by preventing iPhones from running web-based apps, saying the suit alleges a "highly indirect and speculative" harm that's not even an antitrust injury.
February 10, 2025
9th Circ. Affirms Officers' Immunity For Getting Phone Contents

The Ninth Circuit on Monday upheld a summary judgment win for a sheriff and county prosecutor accused of illegally obtaining the contents of a drug arrestee's phone, ruling that they unlawfully got copies of the phone's contents but that the prosecutor who requested them was entitled to qualified immunity.
February 10, 2025
FTC Can't Get Cap On Meta's Up To 86 Antitrust Trial Witnesses

A D.C. federal judge refused Monday to limit the number of witnesses in the Federal Trade Commission's monopolization lawsuit against Meta Platforms, rejecting agency assertions that plans by the Facebook parent company for up to 86 witnesses are "unreasonable."
February 10, 2025
Apple Says Child Porn Detection Suit Can't Stand

Victims of child sexual abuse materials can't bring a proposed class action accusing Apple of spreading the videos and images, the tech giant has told a California federal court, arguing the company is protected by Section 230 of the Communications Decency Act.
February 10, 2025
'Noxious' Anti-Qualcomm Media Blitz Won't Be Blocked

A Florida federal judge said Friday he won't tell a company that used to make automated video cameras to stop its Glenn Beck-aided media blitz connecting its patent campaign against Qualcomm Inc. to conspiracy theories involving former President Barack Obama, "regardless of how noxious it may be."
February 10, 2025
Apple Pushes DC Circ. To Pause Google Search Case

Apple told the D.C. Circuit on Monday it did not become clear that it needs to intervene in the government's search monopolization case against Google until enforcers proposed remedies that affected Apple's conduct too.
February 10, 2025
FCC Ready To Lower The 'Boom' On Raucous Commercials

The nation's telecommunications regulator will consider this month whether new rules are needed to cut the volume on blaring commercials that upset the relative calm of TV shows they accompany, according to a recent notice of proposed rulemaking.
February 10, 2025
Prison Phone Co. Tells FCC Rate Cap Rules Cost Too Much

Prison phone company NCIC Correctional Services thinks the Federal Communications Commission messed up by preempting state and local laws to ban "site commissions," service provider-to-prison payments that critics call kickbacks.
February 10, 2025
Bird Shelter Settles 2nd Nuisance Calls Suit With UnitedHealth

UnitedHealth Group Inc. has settled a proposed class action brought by a North Carolina bird refuge over nuisance calls the health insurer allegedly made to consumers even after it demanded the calls stop, according to a court order pausing the case.
February 10, 2025
Verizon Escapes Workers' Suit Over Lead-Covered Cables

A Pennsylvania federal judge threw out a lawsuit filed on behalf of utility workers alleging Verizon endangered them by failing to properly dispose of lead-covered cables on telephone poles, ruling that allegations of suffering common ailments were not enough to support a class action.
February 10, 2025
Charter Used Forfeited 401(k) Funds For Itself, Suit Says

Charter Communications Inc. cost participants in its $7.9 billion 401(k) plan millions of dollars by using funds forfeited by ex-workers to cover its own contributions to the plan rather than administrative expenses, according to a proposed class action filed in Missouri federal court.
February 07, 2025
FCC Aims To Expand 'Do Not Originate' Call Coverage

The Federal Communications Commission is getting ready to vote on a rule change that would expand the number of voice providers who must comply with the agency's "do not originate" rules, which aim to staunch onslaughts of scam calls.
February 07, 2025
Judiciary Dems Want Ethics Probe Into Musk's DOGE Work

A dozen Democratic lawmakers on Friday pressed the U.S. attorney general and the Office of Government Ethics to look into whether Elon Musk's personal financial interests mean his work as a special government employee violates federal ethics laws.
February 07, 2025
Copyright Office Seeks Info On Performance Rights Groups

The U.S. Copyright Office wants more information about how performance rights organizations, or PROs, are being used to collect music royalties, in response to a letter from a trio of Republican lawmakers on the issue.
February 07, 2025
NJ Statehouse Catch-Up: Offshore Wind, AI, Neurodiversity

The retraction of New Jersey's fourth offshore wind solicitation came alongside a wave of legislative and regulatory activity that also proposed workplace rules to bolster inclusivity and a new compensation path for assault victims

Expert Analysis

Scope And Nature Of Judicial Relief Will Affect Loper's Impact

The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
Series

Adventure Photography Makes Me A Better Lawyer

Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
High Court Could Further Limit Deference With TCPA Fax Case

The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.
5 Ways To Create Effective Mock Assignments For Associates

In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
Overseas Investment Rule Calls For Compliance Caution

Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
The 7th Circ.'s Top 10 Civil Opinions Of 2024

Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
Mentorship Resolutions For The New Year

Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
Series

Coaching Little League Makes Me A Better Lawyer

While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
5 Litigation Funding Trends To Note In 2025

Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
Managing Litigation Side-Switching During 2nd Trump Admin

Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.
3 Noteworthy Effects Of The 2025 NDAA

The 2025 defense budget includes further restrictions on semiconductor sales to Huawei, requiring companies to rethink customer-base oversight, but other provisions are likely to broaden procurement contract opportunities, say attorneys at Miles & Stockbridge.
Rethinking Litigation Risk And What It Really Means To Win

Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
How DOGE's Bite Can Live Up To Its Bark

All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
5 Notable Information Security Events In 2024

B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
Series

Playing Rugby Makes Me A Better Lawyer

My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.