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October 16, 2024
Latham-Led Silicon Carbide Biz Lands $2.5B Of New Funding
Silicon carbide technology company Wolfspeed, advised by Latham & Watkins LLP and Smith Anderson, announced that it expects to receive up to $2.5 billion in new funding, through the CHIPS and Science Act and from a consortium that includes private equity giant Apollo, to support the expansion of silicon carbon manufacturing in the U.S.
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October 15, 2024
Qualcomm Milked 'Weak Patents' For Monopoly, 9th Circ. Told
An attorney for a proposed class of cellphone buyers urged the 9th Circuit Monday to revive antitrust claims against Qualcomm, saying it used "weak patents" to secure licensing agreements that forced companies to give up their right to challenge the patents, although one judge questioned whether the plaintiffs had waived that argument.
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October 15, 2024
Split FCC Votes To Explore How Data Caps Affect Consumers
The Federal Communications Commission will look at how data cap practices are affecting the public to decide whether it need involve itself further in the matter, something the Republican minority on the commission made clear Tuesday that it does not support.
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October 15, 2024
Patent Co. Drops IP Suits To Go After Carriers In Antitrust Cases
Patent-holding company VoIP-Pal.com announced Monday that it will refocus its legal efforts on antitrust litigation targeting the big three telecommunications carriers, days after dropping recently filed patent suits against Verizon and T-Mobile.
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October 15, 2024
Lenovo, InterDigital Settle Patent And Antitrust Suits
A Delaware federal judge on Tuesday dismissed long-running antitrust and patent claims between Lenovo and InterDigital on Tuesday, after InterDigital announced the companies would drop their allegations in accordance with the terms of a patent licensing deal and a binding arbitration agreement.
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October 15, 2024
Google Seeks To Pause Play Store Injunction Amid Appeal
Google has urged a California federal judge to issue an immediate stay in its antitrust battle with Epic Games Inc. that would pause a three-year injunction requiring Google to open up its Play Store to competing app stores pending the outcome of its Ninth Circuit appeal.
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October 15, 2024
Amazon Prevails In Patent Trial Over Wi-Fi System
A federal jury has found that Amazon didn't infringe certain claims in a trio of wireless network patents, clearing it of allegations relating to some of the e-commerce giant's Wi-Fi enabled devices.
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October 15, 2024
LA Injury Law Firm Sued Over Unsolicited Robocalls
A California man is suing Los Angeles-based personal injury firm Wilshire Law PLC in federal court, alleging the firm is violating the Telephone Consumer Protection Act by making unsolicited robocalls to drum up business.
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October 15, 2024
Atty Says Appellate Co.'s Ads Look Like Case Updates
A California attorney has launched a proposed class action against appellate case management company Record Press in California federal court alleging that the New York-based company sends lawyers spam emails that deceptively appear to be important updates about ongoing litigation.
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October 15, 2024
Frontier May Be Worth 2 Times Verizon's Bid, Investor Warns
Frontier Communications Parent Inc. stockholder Cooper Investors Pty Ltd. on Tuesday expressed "strong opposition" to Verizon Communications Inc.'s planned $20 billion deal to absorb the company, arguing Frontier could be worth nearly double the $38.50 per share that Verizon plans to pay.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 15, 2024
Justices Let Solicitor General Argue In E-Rate Fraud Case
The Solicitor General's Office will defend private citizens' ability to sue for E-rate fraud on behalf of the government under the False Claims Act, after the U.S. Supreme Court on Tuesday granted the solicitor general's request to participate in oral arguments in an AT&T subsidiary's challenge to the law's application.
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October 11, 2024
High Court's TCPA Grant Set To Broaden Loper Bright's Blow
On the heels of the U.S. Supreme Court dealing a major blow to the power of federal agencies to interpret laws, the justices are poised to again boost judicial authority and potentially release a torrent of litigation challenging the established tome of regulations crafted under the Telephone Consumer Protection Act.
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October 11, 2024
5th Circ. Broke Precedent In FCC Subsidy Case, Justices Told
The Fifth Circuit not only split with two other appeals courts when it overturned the revenue base for the Federal Communications Commission's telecom subsidy programs, but also broke with U.S. Supreme Court precedent, advocacy groups told justices Friday.
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October 11, 2024
Apple Judge OKs New Schedule But Pans 'Burden' To Court
A California federal judge Friday issued an order in antitrust litigation against Apple that permits the plaintiffs and the tech giant to push out discovery deadlines, but said the change "shifts the burden to the court," so they'll have to prepare for trial "with or without" rulings on filed motions.
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October 11, 2024
Phone Unlocking Advances Digital Equity, Civic Group Says
Setting federal rules that dictate when mobile providers have to unlock a customer's device, allowing people to switch providers without having to buy a new phone, would improve digital equity, says a group that promotes Black civic participation.
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October 11, 2024
GoDaddy Must Face Lawsuit Over Exclusion Of Tech Co.
The world's largest domain registrar, GoDaddy, will not be able to walk away from antitrust claims that it blackballed a tech company from its platform, a Virginia federal judge has ruled after being swayed by arguments about the vastness of GoDaddy's market share.
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October 11, 2024
Cable Biz Says Feds Need To Remove Barriers To Broadband
The cable industry is making its case at the Federal Communications Commission that while advanced telecom service is being deployed in a "reasonable and timely" fashion, the feds should remove regulatory barriers to hasten deployment.
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October 11, 2024
Google Says High Court Shouldn't Pause Ad Tech Subpoena
Google told the U.S. Supreme Court on Friday that there's no need to pause a South Carolina agency's bid to quash a document request in a case accusing the tech giant of monopolizing key digital ad technology, saying the agency has no chance of succeeding.
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October 11, 2024
Google Appeals Epic Injunction To 9th Circ.
Google is appealing a California federal judge's recent order that it allow for third-party app distribution on its Android phones, taking the company's long-running fight with Fortnite-maker Epic Games to the Ninth Circuit with just weeks before the injunction is set to take effect.
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October 11, 2024
Apple Pushes To Duck DOJ's Antitrust Suit
Apple Inc. continued to cast the Justice Department's monopolization lawsuit as an attempt to control how the technology giant deals with iPhone app developers, telling a New Jersey federal judge that the government's case against app access restrictions is "one and the same" as deciding who it does business with and thus warrants dismissal.
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October 11, 2024
Huawei Judge Asks If Netgear Suit Stretches Antitrust Law
A California federal judge expressed some skepticism Friday about allowing router maker Netgear Inc. to proceed with monopolization claims over Huawei Technologies Co.'s patents, wondering aloud whether this would amount to "saying any breach of contract claim can be turned into an antitrust case."
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October 11, 2024
DC's Amazon Antitrust Suit Gets January 2027 Trial Date
The District of Columbia attorney general's newly revived antitrust lawsuit against Amazon will go to trial in January 2027, a D.C. judge decided Friday.
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October 11, 2024
FCC Pressed To Revisit Local Network Unbundling Rules
An organization representing schools and libraries is once again urging the Federal Communications Commission to restore unbundling rules for local telecom incumbents, telling the agency that the FCC's Trump-era move to loosen the regulations has reduced competition among E-rate providers.
Expert Analysis
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Series
After Chevron: Expect Limited Changes In USPTO Rulemaking
The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Practical Private Equity Lessons From 2 Delaware Deals
A pair of Delaware Chancery Court cases remind private equity sponsors that specificity is crucial through the lens of deal certainty, particularly around closing conditions and agreement sections of acquisition agreements, say Robert Rizzo and Larissa Lucas at Weil Gotshal and William Lafferty at Morris Nichols.