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February 04, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
February is off to a rip-roaring start in several circuits, and there's plenty more action ahead, including a moment of truth for judiciary policymaking that has managed to anger both the defense and plaintiffs bars. We'll explore all that in this edition of Wheeling & Appealing, which also includes an appellate quiz pegged to recent presidential news.
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February 04, 2025
Google Gets OkCaller's 'Incoherent' Antitrust Claims Tossed
A Florida federal judge on Tuesday tossed for good antitrust claims from the company behind reverse phone number lookup website OkCaller.com, saying the newly amended suit does not rectify the previous problems, or if it does, the court cannot decipher the "incoherent" arguments.
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February 04, 2025
Meta Can't Be Sued For Church Mass Shooting, 4th Circ. Says
The Fourth Circuit ruled Tuesday that Meta can't be held liable for allegedly aiding in the radicalization of the shooter who killed nine people at a South Carolina church in 2015, saying a federal law granting immunity to third-party internet content providers applies to the claims.
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February 04, 2025
FCC Floats $4.4M Robocall Fine Against Telecom Network
The Federal Communications Commission on Tuesday proposed a fine of more than $4.4 million against a Chicago-based telecom that the agency accused of allowing government impostor calls on its network.
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February 04, 2025
FCC Drops 5th Circ. Defense Of Nonbinary Gender Category
The Federal Communications Commission will no longer defend a nonbinary gender category on its employment diversity forms amid challenges brought by religious broadcasters in the Fifth Circuit, where judges grilled the FCC on Tuesday about its authority to collect and publish industry data on employee diversity.
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February 04, 2025
Colo. Hid Problems With Fiber-Optic Install Project, Suit Says
A Colorado telecommunications contractor has sued the state Department of Transportation for allegedly hiding problems with a fiber-optic installation project that delayed completion for two summers, claiming the department has refused to properly compensate it for the hold-ups.
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February 04, 2025
Lawmakers Hit Replay On Bill For Singers' Radio Royalties
Lawmakers in Congress have reintroduced legislation that would require radio broadcasters to pay artists when playing their music, a measure that would address what the recording industry has called a legal loophole in which songwriters and publishers get paid — but not performers and labels — when radio stations play their music.
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February 04, 2025
Apple Asks DC Circ. To Pause Google Search Case For Appeal
Apple has asked the D.C. Circuit to pause the remedies phase of the landmark monopolization case targeting Google's search dominance, arguing it needs to intervene to protect its contracts with Google that are worth billions of dollars each year.
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February 04, 2025
Wash. Gov. Orders Look At Data Centers' Tax Revenue Impact
Washington's governor issued an executive order directing the state's Department of Revenue to create a work group to examine the impact of data centers on the state's tax revenue and economy and recommend policies to address tax revenue needs in relation to other priorities.
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February 04, 2025
Trump Names Sen. Cruz Aide To Lead NTIA
The White House is nominating Arielle Roth, a top aide to Sen. Ted Cruz, R-Texas, and an outspoken critic of what she called the National Telecommunications and Information Administration's "woke social agenda," to head up the agency.
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February 03, 2025
Google Fights Uphill To Scrap Antitrust Verdict At 9th Circ.
A Ninth Circuit panel appeared skeptical on Monday of Google's bid to throw out Epic Games' antitrust trial win and injunction requiring Google to open its Play Store to rivals following Epic Games' partial antitrust loss against Apple, with each judge doubting that the Apple ruling is necessarily preclusive.
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February 03, 2025
Maryland Kids' Privacy Law Latest To Face Legal Challenge
Tech industry group NetChoice on Monday added to its growing list of lawsuits contesting the constitutionality of kids' online safety laws around the country, filing an action against a recently enacted Maryland law that it claims would force online platforms to act as "a digital speech police."
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February 03, 2025
DOJ Poised To Prosecute Threat-Makers Against DOGE
A federal prosecutor appointed by President Donald Trump offered Elon Musk his office's support to "protect" the work of the newly created Department of Government Efficiency headed by the billionaire businessman, including "legal action against anyone who impedes your work or threatens your people."
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February 03, 2025
PTAB Must Rethink 3G Sisvel Ruling, Fed. Circ. Says
The Federal Circuit said Monday an administrative patent board fumbled when failing to read technical language correctly in a 3G patent owned by European patent-licensing company Sisvel.
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February 03, 2025
Faulty LA County Wildfire Alerts Probed By Congress
A group of U.S. House of Representatives members from Los Angeles County launched an investigation Monday into false-alarm evacuation warnings accidentally sent to nearly 10 million people during last month's deadly wildfires, saying the incident "raises serious questions" about the Federal Emergency Management Agency's mobile alert system.
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February 03, 2025
Child Porn Victims Urge 9th Circ. To Revive Claims Against X
Child sex trafficking survivors urged the Ninth Circuit on Monday to revive allegations that X Corp. defectively designed its platform and knowingly benefited from sex trafficking when it refused to remove pornographic videos of the 13-year-old boys, arguing that X isn't shielded under Section 230.
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February 03, 2025
Don't Give Tribes 'Veto Power' In Alaska Deployment, FCC Told
A group of Alaska rural carriers told the Federal Communications Commission on Monday it should not give Native American tribes "veto power" over federally funded broadband deployment projects, which they described as a "DEI approach" from the Biden era.
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February 03, 2025
ICE Must Offer Pa. Detainees Virtual Access To NJ Courts
An immigration detention facility in Pennsylvania must allow detainees access to virtual hearings for pending criminal proceedings in New Jersey, since U.S. Immigration and Customs Enforcement assumed responsibility for protecting their constitutional rights, a federal judge ruled Friday.
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February 03, 2025
Trial Court Won't Pause Google Search Case For Apple Appeal
A D.C. federal court refused on Sunday to pause the remedies phase of the landmark monopolization case targeting Google's search dominance while Apple appeals a decision refusing to allow it to participate.
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February 03, 2025
Miss. Republican Renews Push For Nat'l Broadband Strategy
A Republican senator concerned about possible overlap in federal deployment programs has re-upped a legislative effort that started three years ago to direct the U.S. Department of Commerce to develop a clear national broadband strategy.
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January 31, 2025
Pause UScellular Deal During False Claims Case, Attys Say
Two communications attorneys have urged the Federal Communications Commission to reject the $4.4 billion transfer of UScellular spectrum licenses to T-Mobile, at least until their False Claims Act dispute with the company can be resolved in the D.C. Circuit.
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January 31, 2025
FCC Dem Blasts Escalation Of CBS '60 Minutes' Probe
A Democratic Federal Communications Commissioner is slamming the agency for its revival of a complaint regarding CBS' editing of an interview with former Vice President Kamala Harris, calling the move a weaponization of the commission's licensing authority.
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January 31, 2025
9th Circ. Affirms Aerospace Co. Code Meets Fair Use Standard
Aerospace contractor Astronics has convinced Ninth Circuit judges that the code used in its replacement parts is covered by the same fair use protections created by the U.S. Supreme Court's Google v. Oracle decision.
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January 31, 2025
India Gets Reprieve In $112M Telecom Award Suit
An Australian appeals court ruled Friday that India can't be held liable for a $112 million arbitral award in a dispute over a terminated deal to deliver communications services, citing a carveout that grants it sovereign immunity in the dispute.
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January 31, 2025
Bezos Satellite Co. Gets Reprieve In Docs Fight With His Paper
A Washington state court official has temporarily blocked the state labor department from releasing records linked to investigations at an internet satellite facility launched by Jeff Bezos' Amazon, in a public records battle with The Washington Post, a newspaper also owned by the billionaire.
Expert Analysis
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.