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Telecommunications
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August 29, 2024
Auto Tech Org. Pushes FCC To Speed Up Smart Car 5G Rules
The 5G Automotive Association is asking the Federal Communications Commission to push the gas and schedule a vote on rules that would bring advanced vehicle communications technology to the 5.9 gigahertz band.
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August 29, 2024
FCC Rolls Out Rules For Drones' Use Of 5 GHz Band
The Federal Communications Commission on Thursday announced it had adopted initial rules for the use of drones in the 5 gigahertz band by allowing operators to obtain frequency assignments.
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August 29, 2024
DOJ Calls Former Googler's Ad Tech Testimony 'Essential'
The U.S. Department of Justice urged a Virginia federal judge Wednesday not to let former Google vice presidents and other company managers avoid testifying at next month's advertising technology monopolization trial, arguing their testimony is important and was properly subpoenaed.
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August 29, 2024
6th Circ. Tosses Atty's Challenge To Court Recording Ban
A Michigan attorney who was held in contempt for posting a screenshot of a Zoom hearing on Facebook can't use the First Amendment to challenge a prohibition on recording courtroom proceedings, because he lacks standing, the Sixth Circuit has ruled.
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August 29, 2024
Public Interest Groups Back FCC On School Wi-Fi Funds
A trio of advocacy groups have urged the Federal Communications Commission to reject a petition to throw out its school Wi-Fi funding plan brought by the same litigants who also are suing the FCC in the Fifth Circuit over a similar initiative for school buses.
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August 29, 2024
T-Mobile Seeks Full 4th Circ. Look At Simply Prepaid TM Fight
T-Mobile is asking for an en banc rehearing after a Fourth Circuit panel revived a Virginia-based cellphone company's infringement suit against it, telling the court that Simply Wireless didn't meet the correct standard of "deliberate and continuous" use of its trademarked "Simply Prepaid" branding to bar use of the phrase by other entities.
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August 29, 2024
Man Gets Prison In Journalist Harassment Case
A man who pled guilty to his role in a scheme to harass two New Hampshire Public Radio journalists was sentenced to two years and three months in prison.
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August 28, 2024
Telegram CEO Indicted In France Over Crimes On Platform
Paris prosecutors on Wednesday unveiled wide-ranging criminal charges against Pavel Durov, the founder and CEO of encrypted messaging-platform Telegram, accusing him of aiding illegal child-pornography, fraud and other crimes and obstructing investigations, and barring him from leaving the country.
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August 28, 2024
ACLU Offers Harris 'Roadmap' To Rein In Gov't Surveillance
The American Civil Liberties Union is urging the Democratic presidential nominee to stop what the group calls exploitation of the Foreign Intelligence Surveillance Act by the federal government by ending unwarranted surveillance of Americans if she wins office in November.
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August 28, 2024
US, Canada Agree To Work Together On Privacy Enforcement
The Federal Communications Commission said Wednesday it has inked an agreement with Canada's privacy regulator to share information and cooperate on enforcement actions to protect consumers' data.
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August 28, 2024
Rural Carriers Say Broadband Map Errors Undermine 5G Fund
Rural wireless carriers are urging the Federal Communications Commission to verify broadband map data on its own in order to resolve long-standing concerns that inaccurate industry maps of the country's broadband coverage threaten the effective distribution of the FCC's recently revived 5G Fund.
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August 28, 2024
Tech Co. Defends GoDaddy Antitrust Claims
The maker of a tool for connecting domains to third-party applications is defending its antitrust case against GoDaddy, telling a Virginia federal court the world's largest domain registrar is forcing customers to use its own configuration product.
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August 28, 2024
Yelp Sues Google Over Reviews Self-Preferencing
Yelp sued Google in California federal court Wednesday, targeting the self-preferencing of Google's own local search offerings as illegal monopolization after years of public lobbying against the search giant.
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August 28, 2024
TikTok Lawsuit, Kids' Privacy Bills Push Cos. 'Back To Basics'
The federal government's lawsuit challenging TikTok's policing of kids on its platform and mounting efforts to boost online protections for teens is ramping up pressure on a broad range of website operators, highlighting the importance for companies to think beyond existing legal frameworks to avoid growing legal scrutiny.
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August 28, 2024
Disney's $8.5B India Media Merger Gets Regulatory Nod
India's competition watchdog said in a statement Wednesday it has conditionally approved the proposed $8.5 billion merger between Disney India's media business and Reliance Industries, after the merging entities reportedly overcame regulatory concerns about their grip on broadcast rights to cricket.
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August 28, 2024
Jones Walker Adds In-House Vet To Co-Lead Privacy, AI Team
Jones Walker LLP has a new co-leader of its privacy, data strategy and artificial intelligence team in Atlanta who has served in prominent in-house roles at both global consulting firm Vialto Partners and EY.
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August 27, 2024
No Section 230 Shield For TikTok's Algorithm, 3rd Circ. Says
The Third Circuit Tuesday revived a lawsuit alleging TikTok's algorithms recommended a "blackout challenge" to a 10-year-old Pennsylvania girl that led to her unintentional hanging death, saying the social media platform curates recommendations through its "For You Page" algorithm, which is not protected by a law shielding traditional publishers.
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August 27, 2024
Take Another Look At Video Game Patent, Vidal Tells PTAB
The director of the U.S. Patent and Trademark Office says a split administrative patent board got a phrase wrong when it ruled in April not to institute a review of a video game patent, ordering it to rethink its decision.
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August 27, 2024
Leave Support For Alaska Connectivity Intact, FCC Told
An Alaskan utility company told the Federal Communications Commission that rules blocking federal funds for broadband build out when there is already an unsubsidized competitor in the area might work fine on the mainland, but would be very bad for Alaska.
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August 27, 2024
5th Circ. Holds Mandate In Subsidy Suit During FCC Appeal
The Fifth Circuit has agreed to let the current subsidy for telecom services remain in place while the Federal Communications Commission seeks U.S. Supreme Court review of a ruling that upended the subsidy system.
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August 27, 2024
AT&T Tells Justices 9th Circ. Erred In Reviving 401(k) Suit
AT&T urged the U.S. Supreme Court to review a Ninth Circuit ruling that upended its defeat of a class action alleging the company mismanaged its employee 401(k) plan, saying Tuesday the appeals court deepened a circuit split that threatens to cause chaos for plan administrators.
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August 27, 2024
Broadcaster Settles With FCC For $8K Over Stock Transfers
An Arkansas radio broadcaster will pay an $8,000 fine to settle a Federal Communications Commission probe into unauthorized changes in control of the company's stock that occurred over two years.
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August 27, 2024
FCC Urged To Include Streetlight Poles In Deployment Regs
It's time for the Federal Communications Commission to clarify that streetlight poles are utility poles as far as the Communications Act's mandates on pole attachments are concerned, a trade group and the country's biggest mobile companies have teamed up to tell the agency.
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August 27, 2024
Google Privacy Class Action Delays Irk Discovery Judge
A California federal judge expressed frustration Tuesday with discovery delays in a years-old class action alleging Google Assistant-enabled devices surreptitiously recorded conversations, telling attorneys they've already "been around and around and around" on discovery fights, and "we need to keep this moving."
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August 27, 2024
SpaceX, T-Mobile Seek Speedy Action On Mobile 'Dead Zones'
SpaceX and T-Mobile last week continued to push the Federal Communications Commission to approve Starlink's planned direct-to-cellular service in light of the agency's approval of rules allowing satellite companies to join with terrestrial mobile providers to fill gaps in wireless service.
Expert Analysis
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Opting In To CIPA Risk Mitigation After New Precedent
A recent California federal court decision, adopting a new, broad interpretation of the California Invasion of Privacy Act, will likely increase the volume of CIPA claims and should prompt businesses to undertake certain preventative measures, including adopting an opt-in approach to using third-party website advertising technologies, say attorneys at Thompson Hine.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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What 7th Circ. Samsung Decision Means For Mass Arbitration
The Seventh Circuit's recent decision in Wallrich v. Samsung highlights the dilemma faced by mass arbitration filers in the face of nonpayment of arbitration fees by the defending party — but also suggests that there are risks for defendants in pursuing such a strategy, says Daniel Campbell at McDermott.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Considerations As State AGs Step Up Privacy Enforcement
As new state privacy laws take effect, businesses are facing an increasingly complex patchwork of compliance obligations and risk of scrutiny by attorneys general, but companies can gain a competitive edge by building consumer trust and staying ahead of regulatory trends, say Ann-Marie Luciano and Meghan Stoppel at Cozen O’Connor.
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Tips For Tax Equity-Tax Credit Transfers That Pass IRS Muster
Although the Internal Revenue Service has increased its scrutiny of complex partnership structures, which must demonstrate their economic substance and business purpose, recent cases and IRS guidance together provide a reliable road map for creating legitimate tax equity structures, say Ian Boccaccio and Michael Messina at Ryan Tax.
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7th Circ. Ruling Sheds Light On Extraterritoriality In IP Law
A recent Seventh Circuit decision involving the Defend Trade Secrets Act, allowing for broader international application of trade secrets laws, highlights a difference in how trade secrets are treated compared to other areas of intellectual property law, say Armin Ghiam and Maria Montenegro-Bernardo at Hunton.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Notes For Arbitration Agreements After Calif. Ruling
After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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How Justices' E-Rate Decision May Affect Scope Of FCA
The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.