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Telecommunications
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May 15, 2024
FCC Ramps Up Spectrum Strategy With New Steering Team
The Federal Communications Commission has pulled together a team of experts to help the Biden administration develop the policies necessary to bring the president's national spectrum strategy to fruition, the agency announced Tuesday.
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May 14, 2024
Netflix Can't Shake Patent Biz Case In Delaware
A federal judge on Tuesday rebuffed Netflix's attempt to invalidate several patents it has been accused of infringing, finding the ideas underlying the handful of decade-old tech patents are inventive enough to move the lawsuit forward.
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May 14, 2024
Davis Wright-Led TikTok Creators Challenge Potential Ban
Following TikTok Inc.'s lead, a group of creators on Tuesday lodged their own challenge to a new federal law that would exclude the popular app from the U.S. market unless it cuts ties with its Chinese parent company, telling the D.C. Circuit that the measure undermines the First Amendment.
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May 14, 2024
DOJ Search Case Unveils Google-Apple Pact, Consumers Say
Private plaintiffs are asking for another crack at their antitrust suit accusing Google of entering illegal agreements to serve as the iPhone's default search engine, saying newly discovered contracts unearthed from the U.S. Department of Justice's ongoing case against the tech giant support a reconsideration.
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May 14, 2024
TV Execs Say Draft FCC Foreign Airtime Lease Regs 'Mutated'
Television station executives are asking the Federal Communications Commission not to include political advertisements in a proposed rule that would require disclosure of foreign-sponsored airtime leases, arguing that doing so would be a "distortion" of the industry's previous request for clarification from the commission on previous identification rules.
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May 14, 2024
Telecoms Settle FCC Probe Into Undersea Cables For $2M
Two telecoms will pay $1 million each to resolve a Federal Communications Commission probe into an undersea cable system that connected the U.S. with Colombia and Costa Rica without FCC approval.
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May 14, 2024
Chamber Cautions FCC Against Making Anti-Arbitration Rules
Business leaders told the Federal Communications Commission that it cannot bar wireless providers from requiring arbitration clauses with customers to resolve disputes arising from cellphone SIM card and port-out fraud.
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May 14, 2024
Judge Trims More From Prison Phone Co.'s Antitrust Suit
Prison telephone service provider Global Tel Link and a Pennsylvania county now have one fewer claim to face in a lawsuit accusing them of sinking a rival company's chance at winning a contract with the county, after a federal court trimmed away yet another claim.
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May 14, 2024
Vodafone Gets Green Light For €5B Sale Of Spanish Biz
Vodafone Group PLC said Tuesday in a statement that it has received final approval from Spanish authorities for its planned sale of Vodafone Spain — or Vodafone Holdings Europe SLU — to Zegona Communications PLC for €5 billion ($5.3 billion).
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May 13, 2024
11th Circ. Says Class Attys Self-Dealt In $35M TCPA Settlement
The Eleventh Circuit on Monday dismissed a proposed $35 million settlement of a class action alleging GoDaddy.com violated the Telephone Consumer Protection Act by sending unwanted marketing texts, saying the deal may have come by through nefarious means.
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May 13, 2024
FTC Can't Modify $5B Meta Privacy Deal, DC Circ. Told
Meta Platforms Inc. told the D.C. Circuit on Monday that the Federal Trade Commission lacks the ability to unilaterally modify a $5 billion privacy settlement, contending that the courts are the ones responsible for enforcing the agreement.
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May 13, 2024
Charter, Altice Drop Some Areas From Rural Funding Plans
The Federal Communications Commission said Charter and Altice had withdrawn from their plans to use FCC rural deployment funding to build out high-speed internet in several areas, incurring federal penalties.
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May 13, 2024
FCC Looks To Declaw 'Royal Tiger' Global Robocall Network
The Federal Communications Commission says that a gateway provider known for helping funnel illegal robocalls into the United States is once again back to its old tricks and operating under yet another name, this time Royal Tiger.
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May 13, 2024
Feds' Fiber First Policy Slows Deployment, Report Says
Most states' plans to deploy broadband with funds from the National Telecommunications and Information Administration's BEAD Program have room for improvement, according to a new report from a technology think tank.
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May 13, 2024
New FCC Rules Preempt NY Broadband Price Cap, Prof Says
A Second Circuit ruling that revived New York's low-price broadband law in April should be reversed because the Federal Communications Commission's recent decision not to regulate rates for internet services preempts the Empire State's price cap, a law professor said Friday.
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May 13, 2024
REIT Says Vegas Hotels Win Backs Tossing DC RealPage Suit
A real estate investment trust seeking out of the D.C. attorney general's rental algorithm price-fixing suit pointed the superior court judge to last week's decision tossing what it said are extremely similar allegations against a group of Las Vegas hotels.
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May 13, 2024
E-Rate Requests Aren't FCA Claims, Law Group Tells Justices
The Washington Legal Foundation urged the U.S. Supreme Court to decide whether reimbursement requests for the Federal Communications Commission's E-Rate program are "claims" under the False Claims Act, arguing that a Seventh Circuit ruling that answered in the affirmative threatens wide-ranging consequences beyond the E-Rate program.
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May 13, 2024
EU Designates Booking.com As Gatekeeper, X Ads Escape
The Dutch company that owns popular travel site Booking.com is the latest company to be hit with the gatekeeper designation by the European Commission, and the social media platform X may be next.
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May 13, 2024
FCC Defends 'Lead Generator' Robocall Rule To GOP Sens.
The head of the Federal Communications Commission is defending the agency's new "single seller" rule meant to limit robocalls and texts from comparison shopping sites, telling lawmakers that it will protect consumers from unwanted marketing.
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May 13, 2024
Conn. AG Sues Altice Over 'Enhancement Fee'
Cable and internet service provider Altice illegally earned millions of dollars by charging consumers a monthly $6 "network enhancement fee" and failed to clearly disclose internet speed restrictions in violation of state law, Connecticut Attorney General William M. Tong said in a state court lawsuit on Monday.
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May 13, 2024
Justices Reject COVID App Makers' Last-Ditch Apple Appeal
The U.S. Supreme Court dealt the latest blow Monday to app developers who've struck out at every turn on antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, refusing to look at a Ninth Circuit's refusal to revive the lawsuit.
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May 10, 2024
Epic Judge Raises Eyebrows About Apple's New 27% App Fee
The California federal judge overseeing Epic's antitrust case against Apple challenged the terms the tech giant is using to comply with her order to allow app developers to send users to outside payment platforms, saying Friday that Apple appears to be trying to maintain its past revenue with a new 27% fee.
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May 10, 2024
VoIP-Pal.com Inc. Drops Patent Suit Against Huawei
Patent litigation business VoIP-Pal.com Inc. has agreed to drop its case against Huawei Technologies Co. Ltd., a week after lawyers for the Chinese telecom giant failed to get patents asserted in the case invalidated on eligibility grounds in a Texas federal court.
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May 10, 2024
Ex-Manager Of Lindberg-Tied Co. Sues Over Abrupt Ouster
The former head of a European IT business with ties to beset insurance mogul Greg Lindberg has claimed in a case now in the North Carolina Business Court that he was suddenly sacked, denied a payout and stripped of his shares based on bogus allegations of bad job performance and unprofessional conduct.
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May 10, 2024
Sens. Lament Broadband Subsidy's Absence From FAA Bill
Senators from both parties are upset that the Federal Aviation Authorization bill, which the Senate passed 88-4 on Thursday night, did not include provisions to bolster the pandemic-era broadband assistance program.
Expert Analysis
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule
If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.
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Action Steps To Address New Restrictions On Outbound Data
Companies should immediately assess all their data-based operations so they can consider strategies to effectively mitigate new compliance risks brought on by recently implemented transaction restrictions, including a Justice Department proposal and landmark data legislation, say attorneys at Wiley.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.
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Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
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Rebuttal
Double-Patenting Ruling Shows Terminal Disclaimers' Value
While a recent Law360 guest article seems to argue that the Federal Circuit’s Cellect decision last year robs patent owners of lawful patent term, the ruling actually identifies how terminal disclaimers are the solution to the problem of obviousness-type double patenting, say Jane Love and Robert Trenchard at Gibson Dunn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Recent Wave Of SEC No-Action Denials May Be Slowing
The U.S. Securities and Exchange Commission in March granted no-action relief to Verizon and others on the grounds that a director resignation bylaw proposal would mean violating Delaware law, bucking recent SEC hesitation toward such relief and showing that articulating a basis in state law is a viable path to exclude a proposal, say attorneys at Winston & Strawn.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.