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Telecommunications
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May 03, 2024
Debevoise, Davis Polk Guide Windstream, Uniti Merger
Uniti Group Inc., advised by Davis Polk & Wardwell LLP, on Friday unveiled plans to merge with Debevoise & Plimpton LLP-led telephone service company Windstream Holdings II LLC in a deal that includes a $425 million cash component, $575 million in preferred equity and a minority share in common equity of the combined company.
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May 03, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen rapper Ivorian Doll hit with a copyright claim, private members club Aspinalls file a claim against a Saudi sheikh, and Motorola Solutions file a claim against the British government on the heels of its dispute over losing a £400 million ($502 million) government contract. Here, Law360 looks at these and other new claims in the U.K.
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May 02, 2024
Digital Rights Nonprofit's Bid To Unseal IP Docs Is Too Late
Electronic Frontier Foundation cannot unseal filings in a chipmaker's patent suit against Charter Communications Inc., a Texas federal judge ruled Thursday, saying the digital rights nonprofit's bid to intervene in the case came too late.
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May 02, 2024
Google Judge Ponders Search Engine's Might At Trial Closings
The quality of Google's search engine, and what it would take to actually challenge the company's grip on default placements on Apple browsers and Android phones, were top of mind Thursday for the D.C. federal judge weighing U.S. Department of Justice monopolization allegations.
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May 02, 2024
NFL Throws Flag On Harvard Prof's Sunday Ticket Testimony
An attorney for the NFL urged a California federal judge Thursday to limit testimony from a Harvard law professor set to appear for the plaintiffs in an upcoming antitrust lawsuit over the Sunday Ticket television package, saying his expert report veers into impermissible legal opinions that will confuse the jury.
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May 02, 2024
Congress Wants More Data On Broadband Program's Value
The Affordable Connectivity Program — which is rapidly running out of money — was on everyone's tongues at a Senate subcommittee hearing on broadband affordability Thursday morning, with Democrats and Republicans agreeing on little more than the need for more data on how many Americans rely on the subsidy to stay online.
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May 02, 2024
Huawei Can't Get VoIP-Pal Patents Axed Under Alice
A Northern District of Texas judge has shot down Huawei's motion that two VoIP-Pal.com patents on initiating mobile phone calls are invalid under the Alice standard for claiming only abstract ideas.
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May 02, 2024
Attys Due For Spam Suit Sanction, But Not $750K, Judges Say
Class counsel's misconduct in helping instigate a spam text suit against stock-trading app Robinhood Financial LLC warranted sanctions, a Washington state appeals court panel ruled Thursday, but the judges said the $750,000 penalty went over the top in deterring the bad behavior.
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May 02, 2024
Microsoft, Activision Seek Del. Court Patch For $68.7B Sale
Microsoft Corp. and Activision Blizzard petitioned Delaware's Court of Chancery on Thursday for an order validating Activision's already closed but officially "defective" $68.7 billion sale agreement, arguing that the court pointed the two companies to a "solution for missteps in Delaware's General Corporation Law.
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May 02, 2024
New EU, Japan Initiative Looks To Boost Global Supply Chains
Japan and the European Union on Thursday announced a new initiative aimed at alleviating the economic dependence countries may have on others for certain goods by boosting global supply chains through transparency and coordination with like-minded countries.
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May 02, 2024
Stabenow's Farm Bill Includes ReConnect Program
Sen. Debbie Stabenow, D-Mich., chair of the U.S. Senate Committee on Agriculture, Nutrition and Forestry, released her framework of the Farm Bill on Wednesday, which includes a rural broadband program that advocates have been wanting to become permanent.
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May 02, 2024
Gilstrap Ships Altice IP Row To NY After $339M Google Verdict
A Texas federal judge has granted a bid from cable company Altice to transfer a case accusing it of infringing a Touchstream patent on mobile app streaming to New York federal court.
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May 02, 2024
Broadcast Cos. Demand Oversight Of Sports TV Joint Venture
Broadcasters and competition advocates on Thursday pressed lawmakers to hold hearings on the pay-television industry, warning that a planned sports streaming venture between Disney, Fox and Warner Bros. Discovery threatens to "dominate" the market.
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May 01, 2024
T-Mobile Gets Tax Reimbursement Suit Tossed For Good
T-Mobile has convinced a New Jersey federal court to toss for good a suit brought by a middleman seeking to collect tax reimbursements the mobile behemoth had supposedly promised a landlord after it didn't fix the deficiencies in its suit the third go round.
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May 01, 2024
FCC Leaders Look To Boost Wireless Supply Chain Security
Federal Communications Commission members Wednesday unveiled a bipartisan plan to beef up wireless supply chain security by more tightly scrutinizing whether equipment labs are tied to foreign powers.
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May 01, 2024
Apple Users Defend Web Apps Antitrust Case
Consumers urged a California federal court not to toss their case accusing Apple of violating antitrust law by preventing iPhones from running web-based apps that don't need to be downloaded, saying Apple used deals with Google and others to protect its dominance.
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May 01, 2024
Meta's Privacy Fight With FTC Paused For High Court Ruling
The D.C. Circuit has pressed pause on Meta's bid to block the Federal Trade Commission from pursuing modifications to the parties' $5 billion privacy settlement to await the U.S. Supreme Court's decision in a case challenging the U.S. Securities and Exchange Commission's in-house courts.
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May 01, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates well over 200 times in April as they sought to sway the FCC on net neutrality rules, junk calls and texts, bulk billing deals for broadband service in apartment buildings, and many other issues.
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May 01, 2024
Dish Agrees To Class Cert. In 401(k) Mismanagement Suit
Dish Network and a group of former workers told a Colorado federal judge they've agreed that class treatment is the best fit for a lawsuit claiming the company failed to trim an underperforming Fidelity Freedom Fund target date suite from its retirement plan that cost workers millions in savings.
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April 30, 2024
5th Circ. Nixes Software Co.'s $1.6B Win In IBM Contract Row
The Fifth Circuit on Tuesday reversed a Texas federal court's $1.6 billion ruling against IBM, finding that Houston-based software company BMC lost out to IBM "fair and square" when IBM fulfilled a request by their mutual client AT&T to replace BMC's software in AT&T's mainframe with IBM's.
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April 30, 2024
TracFone Must Pay Wash. City's Utility Tax
Prepaid phone businesses are utilities and can be taxed as such under Washington state law, according to a state appeals court that had been posed such a question as part of a dispute between TracFone and a Seattle suburb.
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April 30, 2024
OpenAI Tries To Throw Out Another Copyright Case
OpenAI is seeking to dismiss a suit in New York federal court from two alternative news websites asserting copyright infringement allegations against the Microsoft Corp.-backed artificial intelligence developer, saying they haven't shown they've been harmed.
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April 30, 2024
Samsung Gets PTAB To Sink Patent Tied To $142M Verdict
The Patent Trial and Appeal Board has ruled in favor of Samsung Electronics Co. LTD in the company's challenge to LTE technology owned by G+ Communications LLC, invalidating one of the patents involved in a Texas case where G+ won a $142 million verdict against the tech giant.
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April 30, 2024
FTC To Help FCC Enforce 'Net Neutrality' Rules
The Federal Communications Commission has called on a sister agency, the Federal Trade Commission, to cooperate on enforcing the FCC's restored "net neutrality" rules to require the free flow of network traffic.
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April 30, 2024
House Panel Touts Legislation To Preserve AM Radio In Cars
Lawmakers pushed for legislation mandating that new vehicles come with AM radio capability Tuesday, even as auto industry representatives said the idea would stifle innovation and represent government overreach in the free market.
Expert Analysis
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What Cos. Should Know About FTC's Proposed Junk Fee Rule
The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.
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9th Circ. ERISA Ruling Informs DOL's New Fiduciary Proposal
The Ninth Circuit's reasoning in its recent Bugielski v. AT&T decision illustrates the importance of the U.S. Department of Labor's proposals to expand the reach of Employee Retirement Income Security Act third-party compensation disclosure rules and their effect on investment adviser fiduciaries, says Jeff Mamorsky at Cohen & Buckmann.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Why The Effect Of Vivint Has Been Minimal
A survey of recent ex parte reexamination decisions since the Federal Circuit’s 2021 In re: Vivint decision appears to support the court’s conclusion that the ruling was limited in scope and would have limited impact, says Yao Wang at Fish & Richardson.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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The Scope Of Challenged Claims After Fed. Circ. Sisvel Ruling
Joshua Weisenfeld at Sheppard Mullin considers the Federal Circuit's recent Sisvel v. Sierra decision and its impact on claim construction and post-issuance claim amendments that broaden the scope of challenged claims.
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Tips For Avoiding Disputes From M&A Earnout Provisions
Attorneys at Freshfields review key Delaware cases to outline several important considerations that may reduce the risk of an earnout dispute arising from a merger agreement and help the parties navigate disputes when they do occur.
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A Look At Successful Bid Protests In FY 2023
Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.
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Trending At The PTAB: Administrative Procedure
A pair of recent Federal Circuit rulings on Patent Trial and Appeal Board inter partes review shed light on applications of the Administrative Procedure Act, adding to an ever-growing body of case law showing the board's final written decision must be based on arguments clearly put forth by the parties, say Robert High and Benjamin Saidman at Finnegan.
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Retailers: Beware Legislator And Regulator Junk Fee Focus
In light of the Biden administration’s recent focus on restricting so-called junk fee surcharges across industries, attorneys at Benesch discuss what retailers should know about several evolving developments, including a new California law, a proposed Federal Trade Commission rule, an expanding litigation landscape, and more.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Takeaways From Iran Missile Procurement Advisory
Companies should familiarize themselves with the entities and practices highlighted in the recent multiagency Iran Ballistic Missile Procurement Advisory, to avoid falling prey to deceptive practices that help bad actors evade sanctions, say attorneys at DLA Piper.