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Telecommunications
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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."
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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February 07, 2025
DOJ Tells DC Circ. Not To Delay Google Search Fix For Apple
The U.S. Department of Justice and state enforcers told the D.C. Circuit Friday that the remedies phase of the search monopolization case against Google is too important to wait while Apple appeals a ruling denying its last minute bid to intervene in the case.
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February 07, 2025
Justices Urged To Take On PTAB Atty Fee Fight
A company fighting for attorney fees at the Federal Circuit after successfully challenging a patent's validity before the Patent Trial and Appeal Board has urged the U.S. Supreme Court to take on a similar case addressing eligibility for fees in board proceedings pursued against "exceptional" infringement plaintiffs.
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February 07, 2025
Virginia Senate Looks To Ban Sale Of People's Location Data
Virginia is on its way to banning the sale of data that can pinpoint a person's location, even if they consented to it, after the state's Senate voted 35-5 to tweak its privacy statute to outlaw the purchase of precise location data.
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February 07, 2025
Del.'s Quiet Ambition To Tweak Chancery, Stem Feared DExit
Anxious over claims that stockholder-tilted decisions by Delaware's Court of Chancery will trigger more companies to follow Tesla, SpaceX, Meta and Dropbox to other states, Delaware policymakers are taking a hard look at the venerable business court's processes, hoping to slow a feared rush to DExit.
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February 07, 2025
Gov't Told Higher Power Devices Can Squeeze Into CBRS
Federated Wireless has upped the pressure on the Federal Communications Commission to give the go-ahead to higher power devices in the Citizens Broadband Radio Service, pushing back on claims that the move could harm incumbents.
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February 07, 2025
2nd Circ. Doubts Police Misused 'Sense-Enhancing' iPhone
Judges of the Second Circuit sounded highly skeptical Friday that police in Connecticut had illegally searched a suspect's car by using an Apple iPhone's camera function to peer through his tinted windows, comparing the technology to commonplace methods of enhancing vision like flashlights.
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February 06, 2025
House Bill Aims To Ban DeepSeek On Gov't Devices
A pair of U.S. House lawmakers on Thursday rolled out bipartisan legislation that would prohibit the installation of Chinese company DeepSeek's chatbot app on government-issued devices, citing "alarming" national security threats similar to those that have propelled efforts to ban video app TikTok nationwide.
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February 06, 2025
Will NFL Let Kendrick Call Drake A Pedophile At Super Bowl?
As Kendrick Lamar prepares to take the stage for this Sunday's Super Bowl halftime show, lawyers for the National Football League and Fox Sports must decide whether to censor the lyrics of his viral hit "Not Like Us" while rival rapper Drake wages a defamation war over the song's suggestion that he's a "certified pedophile."
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February 06, 2025
Top Groups Lobbying The FCC
The Federal Communications Commission heard from interest groups and companies around two dozen times in January, on issues ranging from consumer consent to receive telemarketing calls to UScellular's contested $4.4 billion plan to sell its wireless operations to T-Mobile.
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February 06, 2025
Earthlink Investors' Attys Score $28M In Merger Suit
The attorneys who helped Earthlink investors score an $85 million settlement with the company after they said they were tricked into approving a $1.1 billion merger with a failing telecommunications company will be walking away with almost $28 million for their trouble.
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February 06, 2025
Stay On Right Side Of Payola Rules, FCC Warns Stations
The Federal Communications Commission is warning radio broadcasters not to accept freebies from music artists in exchange for boosted airtime.
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February 06, 2025
FCC Says No To Ohio Group's Bid For Low Power FM Station
An Ohio church has come out on top in its battle to be awarded the rights to launch a low power FM station in its neck of the woods after the group it was up against was accused of knowingly listing a manager's dead grandmother on a license renewal application.
Expert Analysis
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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.
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What Cos. Should Note In DOJ's New Whistleblower Pilot
After the U.S. Department of Justice unveiled a new whistleblower pilot program last week — continuing its efforts to incentivize individual reporting of misconduct — companies should review the eligibility criteria, update their compliance programs and consider the risks and benefits of making their own self-disclosures, say attorneys at Skadden.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Pros And Cons Of 2025 NDAA's Space Contracting Proposal
The introduction of a Commercial Augmentation Space Reserve fleet in the pending 2025 National Defense Authorization Act presents a significant opportunity for space and satellite companies — despite outstanding questions, and potential risks, for operators, say attorneys at Wiley.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Considerations For Federal Right Of Publicity As AI Advances
Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.
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What Patent Litigators Should Know About CHIPS Act Grants
With the U.S. Department of Commerce now actively awarding grants under the CHIPS and Science Act, recipients should ensure they understand the implications of promises to construct new semiconductor manufacturing facilities, especially in jurisdictions with active patent litigation dockets, say Gabriel Culver and Peter Hillegas at Norton Rose.
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Opinion
Data Breach Reporting Requirements Must Change In AI Age
Outdated data breach reporting laws are inadequate to protect consumers in the age of artificial intelligence, as AI’s ability to determine relationships coupled with its improvements to deepfake technology mean that the very definitions used in breach reporting laws are no longer sufficient, says Collin Walke at Hall Estill.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.