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Telecommunications
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March 21, 2024
Sens. Launch Satellite License Streamlining Bill
Sens. Jacky Rosen, D-Nev., and Ted Cruz, R-Texas, introduced legislation Thursday to reduce hurdles to satellite licensing after a similar effort fell short on the House side last year.
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March 21, 2024
9th Circ. Won't Rethink Apple App Store Rival's Antitrust Suit
A split Ninth Circuit panel has refused to rehear a rival app store developer's bid to revive an antitrust suit alleging that Apple monopolizes the market for app distribution on iOS devices with its App store.
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March 21, 2024
Sens. Want Spectrum Pipeline, But Worry Over Nat'l Security
Lawmakers warned Thursday that the U.S. could lose its global leadership role in telecommunications technology by delaying plans to auction more spectrum for commercial use, but said they must first deal with the national security concerns posed by shared use of the airwaves with defense users.
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March 21, 2024
Davis Wright Adds Tech Attorney In DC From Perkins Coie
Davis Wright Tremaine LLP has hired a former Perkins Coie LLP counsel who advises on complex technology transactions between market-leading companies, the firm announced.
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March 21, 2024
DOJ Sues Apple, Rounds Out US Claims Against Tech Big 4
The U.S. Department of Justice and several state attorneys general on Thursday launched an antitrust suit against Apple, accusing the world's dominant smartphone maker of maintaining an anti-competitive monopoly over its iron grip over the iPhone, rounding out the quartet of long-anticipated government antitrust litigation already proceeding against Google, Meta and Amazon.
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March 20, 2024
House Passes Bill To Protect Data From Foreign Adversaries
The House voted unanimously on Wednesday to pass landmark data protection legislation that would ban data brokers from transferring, selling or providing access to Americans' sensitive personal data to foreign adversaries, including China.
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March 20, 2024
SEC Proxy Roundup: Verizon, UPS Escape ESG Proposals
Verizon and UPS may exclude from their proxy statements shareholder proposals on social policy and climate change matters, according to U.S. Securities and Exchange Commission staff, who also denied various other requests from corporations looking to escape separate social and politics-related proposals.
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March 20, 2024
British Bank CEOs Shift Blame For Pay Fraud To Social Media
Britain's largest banks told a cross-party group of MPs Wednesday they blamed social media and telecommunications companies for a rise in authorized push payment fraud in the banking sector, calling for mandatory requirements to help prevent it.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
FCC Urged To Spend On School Firewalls, Not Wi-Fi Hotspots
The Federal Communications Commission could better spend funds for education on beefed-up cybersecurity than on a controversial proposal for Wi-Fi hotspots, a broadband industry group told the agency.
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March 20, 2024
Intel, Commerce Dept. Forge $8.5B Logic Chip Partnership
A proposed $8.5 billion partnership between the federal government and Intel Corp. could yield thousands of jobs and up to $100 billion in logic chip facility expansion and modernization in four states.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 19, 2024
Apple Deleted Siri Recordings, Users Say In Seeking Sanctions
Users of Apple's Siri who claim the voice-activated software records their conversations have asked a California federal judge to sanction the company for allegedly deleting millions of proposed class members' Siri records, including data they say "meticulously documented Apple's interception" of their confidential communications.
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March 19, 2024
VW Dealer Says Its Franchise Is Getting Unjustly Terminated
A southeastern Connecticut car dealer took Volkswagen of America Inc. to state court after the company allegedly moved to terminate a franchise agreement for the dealer's satellite location, an agreement that the suit says the carmaker denies the existence of in the first place.
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March 19, 2024
Fed. Circ. Backs PTAB Invalidation Of Sisvel Wireless Patent
The Federal Circuit on Tuesday backed a Patent Trial and Appeal Board decision that found many claims in a Sisvel patent on improving the efficiency of LTE wireless networks for cellphones were invalid as obvious.
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March 19, 2024
Reddit Reveals Patent Complaint From Nokia As IPO Nears
Reddit Inc. on Tuesday said it received a letter from Nokia Corp. alleging that it has infringed certain Nokia patents, a disclosure that comes just ahead of the social media platform's long-anticipated initial public offering.
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March 19, 2024
Netflix Can't Get PTAB To Ax Patent Amid Ownership Dispute
A board of administrative patent judges has decided to shut down its review of a data communications network patent that a Finnish businessman claimed to own, after a federal court in California ruled earlier this year that he had transferred the patent nearly two decades ago to a startup that eventually went bankrupt.
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March 19, 2024
FCC Won't Shift Gears On 5.9 GHz Despite Automakers' Effort
The Federal Communications Commission has turned down two auto industry groups' long-standing requests to take another look at a 2020 revamp of FCC rules in the 5.9 gigahertz band that shifted part of the spectrum to unlicensed wireless use.
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March 19, 2024
Full 4th Circ. Won't Hear Record Labels' Piracy Fight With ISP
The Fourth Circuit will not reconsider its decision to vacate a $1 billion verdict against Cox Communications for allowing piracy on its networks, it said Tuesday, despite neither side being happy with its ruling.
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March 19, 2024
Don't Impose Foreign Ownership Regs On ISPs, FCC Told
As the Federal Communications Commission mulls how it's going to regulate broadband now that the Democratic majority plans to reclassify it as a Title II service, a free market think tank is urging the agency not to apply the agency's foreign ownership regulations to internet service providers.
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March 19, 2024
US Chamber Report Details Digital Trade 'Peril' For USTR
Digital trade is growing faster than the U.S. economy overall and supporting approximately 3 million jobs, but the sector is in "peril" due to the Biden administration's e-commerce policy reticence, says a new U.S. Chamber of Commerce report.
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March 19, 2024
Amazon Prevails In University's Patent Suit Over Alexa
A New York federal judge has cleared Amazon in a case where a research university said its language processing patent was being infringed by the company's Alexa devices.
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March 19, 2024
US Bank, Oppenheimer To Pay CFTC $7M In Text Probe Cases
U.S. Bank NA and Oppenheimer & Co. Inc. have agreed to pay a combined $7 million to settle allegations brought by the U.S. Commodity Futures Trading Commission over the failure to preserve business communications via personal text, the agency announced Tuesday.
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March 18, 2024
Meta Wants Emergency Stop Of FTC Privacy Tweaks
Meta is seeking an immediate injunction to halt the Federal Trade Commission's changes to its 2020 settlement with the company, asking the D.C. Circuit to hear its appeal before the social media giant must respond to a show cause order on why the deal shouldn't be modified.
Expert Analysis
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Opinion
Congress Needs Better Health Care Fraud Data From DOD
The U.S. Department of Defense does not collect enough data to prevent health care and service contractor fraud and waste, so Congress should enact benchmarks that the DOD must meet when gathering and reporting data, enabling lawmakers to make better-informed decisions about defense appropriations, says Jessica Lehman at Verizon.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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FCC Inquiry Signals Exploration Of AI For Spectrum Goals
The Federal Communications Commission's recent notice seeking input on the definition of "spectrum usage," uniformity of band requirements and data collection marks the beginning of the agency's interest in leveraging artificial intelligence and machine learning analytics to improve its spectrum management practices, say attorneys at Wiley.
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Upcoming High Court ADA Cases May Signal Return To Basics
Recent cases, including Acheson Hotels v. Laufer, which will be heard by the U.S. Supreme Court in October, raise a fundamental question of whether Americans with Disabilities Act litigation has spiraled out of control without any real corresponding benefits to the intended beneficiaries: individuals with true disabilities, says Norman Dupont at Ring Bender.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
'US Cyber Trust Mark' Program Threatens Privacy, Innovation
The Federal Communications Commission's recently announced plan to create a "U.S. Cyber Trust Mark,” which would voluntarily affix to smart devices to boost consumer confidence and industry security standards, could lead to an erosion of consumer privacy, competition, innovation, and any firewall between the government and the individual, says attorney Donna Etemadi.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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FTC 'Dark Patterns' Enforcement Signals Consent Theory Shift
The Federal Trade Commission's recent complaint against Amazon for using dark patterns to trick consumers signals a general trend in American jurisprudence of importing a European theory of consent, which could result in a more turgid digital experience, says Christian Auty at BCLP.
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IPR Pointers In Recent PTAB Discretionary Denials
A trio of decisions at the Patent Trial and Appeal Board illustrates why petitions for inter partes review must set forth clear positions, including arguments that are substantially different from those previously considered by the examiner, say Kevin Schubert and Scott Hejny at McKool Smith.
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How US Investment Regulation May Shift Under Biden Order
Attorneys at Ropes & Gray explore potential prohibitions, notification requirements and covered transactions under President Joe Biden's recent executive order, which marks an unprecedented expansion of U.S. regulation of investment activity.
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5 Compliance Mistakes To Avoid When Entering A New Market
As many companies move their value chains out of China or expand to new markets for other reasons, they should beware several common compliance pitfalls — such as insufficient due diligence and one-size-fits-all training — to avoid reputational, financial and legal damage, says Alexandra Wrage at TRACE International.
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Where Biden's Outbound Investment Effort May Be Headed
The president’s recent executive order on outbound investment describes prohibited transactions and a notification process, but the U.S. Department of the Treasury’s actions suggest upcoming regulations will leave investors with the risky determination of whether investments are prohibited or require notification, say attorneys at Morgan Lewis.
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EPA Focus On Lead Could Heighten Private Litigation Risk
As the U.S. Environmental Protection Agency continues a series of initiatives aimed at reducing lead exposure, including last month's proposal to strengthen removal requirements for lead-based paint, the risks of private suits from citizens groups over lead contamination grow, say Jonathan Brightbill and Madalyn Brown Feiger at Winston & Strawn.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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Strike Force Actions Underscore Foreign Risks For Tech Cos.
As recent prosecutions demonstrate, a multiagency strike force is ramping up enforcement of trade secret theft and export control violations, and companies will need to be proactive in protecting their sensitive technologies from foreign adversaries, say attorneys at McGuireWoods.