Telecommunications

  • September 22, 2020

    House Dems Slam Pentagon's Pursuit Of Spectrum Sharing

    A pair of House Democrats on Monday criticized the U.S. Department of Defense for floating a trial balloon to push the creation of a government-run next-generation wireless network, saying it would hobble U.S. competitiveness in the global race to deploy 5G.

  • September 22, 2020

    New DOL Independent Contractor Rule Asks Who's The Boss

    The U.S. Department of Labor's long-awaited proposed rule on classifying workers as employees or independent contractors would depart from decades of past practice by emphasizing some parts of a multifactor test over others, wage and hour attorneys told Law360.

  • September 22, 2020

    More Than 3,300 Importers Energized To Erase China Tariffs

    A push to undo the bulk of President Donald Trump's tariffs on Chinese goods has swelled to include more than 3,300 lawsuits in the U.S. Court of International Trade as importers pin their hopes on a mostly procedural challenge to invalidate a central pillar of Trump's trade policy.

  • September 22, 2020

    FCC Says Only Senders Face Liability For Fraudulent Faxes

    The Federal Communications Commission has clarified its stance on who assumes liability when faxes are sent in violation of the Telephone Consumer Protection Act, ruling that "fax broadcasters" are liable for sending unsolicited advertisements rather than the advertisers themselves.

  • September 22, 2020

    FCC's Pai Pushes States To Tackle Prison Call Rates

    FCC Chairman Ajit Pai and the head of a utility regulators group are urging states to lower their local rates that cover prison and jail calls, saying states should bring their "excessive" rates into line with federal standards.

  • September 22, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As the stalemate over a new COVID-19 pandemic relief bill continues in the federal government, state lawmakers and leaders made progress over the past week with new measures to battle the health and financial fallout of the coronavirus.

  • September 22, 2020

    Airline Wi-Fi Provider Gogo Again Seeks To Nix Investor Suit

    Airline internet provider Gogo Inc. has urged an Illinois federal judge to toss a proposed shareholder class action for the second time, saying the investors haven't successfully pled securities fraud in claims that the company's executives hid problems with its Wi-Fi system.

  • September 22, 2020

    Investors Say Phone Co.'s IPO Didn't Disclose Product Flaws

    Cellphone maker Sonim Technologies Inc.'s stockholders sued its board and top officers on behalf of the company in Delaware federal court late Monday, seeking derivative damages for failures to disclose serious product troubles before its initial public offering in May 2019.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    Twitter Obtained Phone Numbers Via Fraud, Wash. User Says

    A user hit Twitter with a proposed class action in Washington federal court Monday over its alleged procurement of telephone records by "fraudulent, deceptive or false means" in violation of a state privacy law, arguing the company owes $5,000 per violation.

  • September 21, 2020

    Songwriter Accuses DC Circ. Of Ignoring Artists' Realities

    The D.C. Circuit "missed the practical reality" of its decision to overturn a ruling that would have made Spotify and other streaming services pay artists significantly higher royalties, an independent songwriter said Monday.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    House Passes Bills Enacting New Federal Telecom Policies

    The U.S. House of Representatives passed three bills Monday aimed at imposing several new telecom-related policy mandates on the federal government, including requiring the Federal Communications Commission to improve network outage reporting and study how to help diversify the media.

  • September 21, 2020

    Samsung Gets Touch-Screen IP Slashed In Revived PTAB Bid

    The Patent Trial and Appeal Board has struck down most of a patent covering touch-screen technology that was challenged by Samsung, after the Federal Circuit ruled that the board's initial decision upholding the claims was not backed by evidence.

  • September 21, 2020

    Epic Games Says Fortnite Isn't Security Threat To Apple

    Epic Games, in seeking to force Apple to restore Fortnite to the App Store, has blasted the tech giant for "half-truths and outright falsities," including that the video game was pulled as a security issue instead of a challenge to Apple's monopoly.

  • September 21, 2020

    FCC Urged To Consider Pandemic Needs In Broadband Report

    Advocacy groups are urging the Federal Communications Commission to consider the impact of the coronavirus pandemic when assessing whether broadband is being expanded to all Americans in a timely manner, even as members of industry groups argue the same data shows just how reliable U.S. networks have become.

  • September 21, 2020

    Law Firm Denies Misleading Facebook Privacy Deal Class

    Levi & Korsinsky LLP responded to challenges that its ads encouraging class members to opt out of a recently secured $650 million biometric privacy settlement against Facebook and pursue their own claims are misleading, saying it "vigorously disputes" the allegations from class counsel.

  • September 21, 2020

    French Telecom Co. Iliad Makes $2.6B Bid For Poland's Play

    France-based telecommunications service provider Iliad Group said Monday that it had made a €2.2 billion (nearly $2.6 billion) bid to purchase Polish telecommunications business Play.

  • September 21, 2020

    3 Things To Know About Nathan Simington's FCC Nomination

    The White House made a surprising choice last week when it tapped a low-profile adviser from the National Telecommunications and Information Administration to succeed FCC Commissioner Michael O'Rielly. Here are three things you need to know about Nathan Simington and his prospects for joining the commission.

  • September 21, 2020

    TikTok Files New Suit Over Trump's Ban On App Downloads

    TikTok Inc. and its Chinese parent company ByteDance Ltd. have filed a new suit against the Trump administration in D.C. federal court to stop a ban on U.S. downloads of the popular short-form video sharing app, alleging that the government overstepped its authority and violated due process rights and free-speech protections.

  • September 21, 2020

    15 Minutes With Enjoy's Chief Legal Officer

    The nontraditional path to Samantha Villanueva-Meyer's legal career included teaching math and science for five years, as well as keeping her private practice experience to a nine-month internship. Here, the top lawyer at Enjoy Technology Inc. shares lessons from her teaching career and her response to attorneys who say firm experience is necessary for success.

  • September 21, 2020

    Roy Moore's Defamation Suit Over 'Molester' Claims Trimmed

    An Alabama federal judge has trimmed a defamation suit from former Republican Senate candidate Roy Moore over advertisements and statements calling him a "child molester," ruling that some of the allegedly defamatory statements were supported by news reports at the time.

  • September 21, 2020

    Tesla Hit With Suit Over 4G LTE Patents

    Fresh off its $506 million patent win against Apple, PanOptis lodged a new lawsuit accusing Tesla of making electric cars that infringe patented PanOptis 4G LTE technology.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Ginsburg's Passing Could Usher In A Narrower TCPA

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    Justice Ruth Bader Ginsburg's broad commitment to the class action vehicle is unlikely to be shared by a Trump-appointed U.S. Supreme Court justice, suggesting a continued shift toward a narrower application of consumer protection statutes like the Telephone Consumer Protection Act, says Eric Troutman at Squire Patton.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • UK Top Court Ruling May Be Problematic For Global SEP Suits

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    There are several reasons to question the wisdom of the U.K. Supreme Court's recent ruling that English judges have the power to set extraterritorial licensing royalty rates for standard-essential patents, including that it encourages forum shopping, says Thomas Cotter at the University of Minnesota Law School.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Discarded Phone Rulings Misapply 4th Amendment Case Law

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    Recent Nevada and Louisiana state court decisions, allowing police to conduct warrantless searches of cellphones deemed abandoned, are part of a growing trend of state and federal courts not following the U.S. Supreme Court's Fourth Amendment jurisprudence that should concern criminal defense attorneys, privacy rights advocates and employers, says Brandon Boxler at Spencer.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

  • Auction Design Could Streamline TikTok's US Asset Sale

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    The potential sale of TikTok’s U.S. operations and assets pursuant to President Donald Trump's recent executive order affords an opportunity to examine how a combinatorial auction would maximize value and improve transparency and efficiency, say consultants at Charles River Associates.

  • Takeaways From DOJ Civil Division's Inability-To-Pay Memo

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    Guidance issued last week at the U.S. Department of Justice is helpful insofar as it clarifies the Civil Division's inability-to-pay process and criteria, but many open questions remain, say Matthew Miner and Amanda Robinson at Morgan Lewis.

  • What To Know When Making Dispositive Motions In Arbitration

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    As practitioners increasingly turn to dispositive motion practice within arbitration, they should be aware of the underlying authority for these motions and consider practical guidance for their use, says arbitrator and mediator Janice Sperow.

  • 4 Ways Amicus Briefs Can Support An Overall Legal Strategy

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    The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.

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