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Telecommunications
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April 30, 2025
Senate Bill Would Make FCC List Foreign Foes' Telecom Stakes
The U.S. Senate will consider a bipartisan bill to direct the Federal Communications Commission to publish a list of foreign adversaries' ownership stakes in regulated companies.
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April 30, 2025
Full 4th Circ. Avoids Constitutionality Of Geofence Warrants
The full Fourth Circuit was of many minds Wednesday morning as it ruled to co-sign the appellate court's previous finding upholding the use of a so-called geofence warrant to pinpoint a man's location in order to bring robbery charges against him.
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April 30, 2025
3rd Circ. Preview: NJ To Defend ICE Contractor Law In May
The Third Circuit's argument lineup for May will see the state of New Jersey defend a law barring its immigration detention centers from contracting with U.S. Immigration and Customs Enforcement, while Rutgers University seeks to keep its victory over claims it falsely inflated its business school's ranking.
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April 30, 2025
Senate Bill Moves Ahead To Beef Up FCC Disaster Reports
A bipartisan bill to require the Federal Communications Commission release more data on disaster-related network outage reports cleared a U.S. Senate committee Wednesday.
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April 30, 2025
TikTok Exec Calls Facebook, Instagram 'Complements'
A TikTok executive said Wednesday that his company views Facebook and Instagram as "complements" to the Chinese-owned short-form video platform rather than direct competitors playing in the same market, in testimony that largely supported the Federal Trade Commission's claim that Meta dominates personal social networking services.
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April 30, 2025
9th Circ. Won't Revive Phone Number Privacy Suit Against X
The Ninth Circuit on Wednesday declined to revive a Washington resident's putative class action that accused Twitter Inc., now called X, of deceptively obtaining his phone number, saying in an unpublished opinion that a state law he leaned on prohibited the fraudulent collection of telephone records, "not numbers."
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April 30, 2025
Akin Atty Returns To FCC To Lead Wireline Bureau
After three years in private practice, the Federal Communications Commission has welcomed an Akin Gump Strauss Hauer & Feld LLP attorney back to the agency as the newest head of the commission's Wireline Competition Bureau.
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April 30, 2025
Monthly Merger Review Snapshot
Enforcers opened high stakes court proceedings against Meta Platforms and Google for monopolization claims that could force the tech giants to sell pieces of the companies, while also moving ahead with several challenges and reviews of pending deals in other industries. Here, Law360 looks at the major merger review developments from April.
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April 30, 2025
Local Gov'ts Say FCC Must Tread Lightly On Deleting Regs
The FCC is flying by the seat of its pants a little too much as it seeks to slash unnecessary regulations, a coalition of local governments have come together to tell the agency, saying that the docket "does not meet the requirements of the Administrative Procedure Act."
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April 30, 2025
Senate Panel Clears Trump's Pick For 3rd FCC Republican
A key U.S. Senate committee on Wednesday advanced President Donald Trump's nominee for the third Republican seat on the Federal Communications Commission.
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April 29, 2025
2nd Circ. Not Sure FCC Fine Denied Verizon's Trial Right
Second Circuit judges questioned Tuesday why the feds couldn't fine Verizon millions of dollars for location data misuse since the telecom carrier has the option of refusing to pay and demanding a jury trial if the U.S. Department of Justice comes to collect.
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April 29, 2025
State Telecom Roundup: Funding Security Without The Feds
The Trump administration has made it clear that it expects states to take the reins regarding cybersecurity infrastructure and disaster preparedness and that the feds plan to step back, but not all states are equally prepared for that task.
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April 29, 2025
Meta Seeks Punitives For NSO WhatsApp Hack As Trial Opens
Meta's counsel told a California federal jury during trial openings Tuesday that Israeli spyware-maker NSO Group owes nearly $445,000 plus punitive damages for its "despicable" conduct hacking 1,400 WhatsApp users' devices, while NSO's counsel denied owing Meta anything and criticized Meta's case as a PR attempt to "own the narrative."
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April 29, 2025
Judge Mulls If Google Could Still Vie To Be Default Search
A D.C. federal judge probed potential middle grounds Tuesday for how to give Google's search engine rivals a leg up against the company's monopoly, asking how to avoid a "duopoly" with Microsoft and if Google might be permitted to continue paying browsers and phonemakers for default placement.
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April 29, 2025
CRT Buyers Want $3.7B In Damages After Price-Fixing Default
Groups of buyers in long-running litigation over an alleged conspiracy to fix cathode ray tube prices asked a California federal court for $3.7 billion in damages after a default judgment against Chinese electronics company Irico Group for failing to preserve evidence.
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April 29, 2025
Meta Looks To Delete User Antitrust Claims Over Pay For Data
Meta urged a California federal court Monday to end antitrust claims from consumers alleging they should be paid for their data, saying flawed expert theories that doomed class certification also sink the entire case for the remaining individual plaintiffs.
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April 29, 2025
Mexico Put On Latest USTR Priority IP Watch List
The Office of the U.S. Trade Representative on Tuesday issued its annual global intellectual property report that has placed close trading partner Mexico on its list of countries to keep the closest eye on.
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April 28, 2025
Meta Gets Jury In Damages Trial Over NSO's WhatsApp Hack
A California federal judge empaneled eight jurors Monday to decide how much Israeli spyware-maker NSO Group owes Meta Platforms for hacking into 1,400 WhatsApp users' devices, selecting from a pool of dozens of San Francisco Bay Area residents, many of whom criticized Meta, its CEO Mark Zuckerberg and the Israeli government.
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April 28, 2025
ITC Affirms Optimum's Network Patent Case Is Over
The U.S. International Trade Commission has decided not to breathe any new life into Optimum Communications Services Inc.'s patent infringement case against several Chinese tech companies over network switching and routing patents, but it also cut part of an agency judge's findings on ownership of the patents.
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April 28, 2025
FCC Tells Courts 5th Circ. Wrong To Kill $57M AT&T Fine
The Federal Communications Commission defended multimillion-dollar fines against T-Mobile and Verizon in letters to the D.C. Circuit and Second Circuit, urging the appeals courts not to heed the Fifth Circuit's toss of a related $57 million privacy fine against AT&T.
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April 28, 2025
Exec 'Can't Believe' X Offers Itself As Place For Friends
The Federal Trade Commission pressed executives and former leaders from X Corp., Strava, Pinterest and Reddit on Monday for all the things that distinguish their services from Meta Platforms Inc., painting Facebook and Instagram in D.C. federal court as effectively the only place to really connect with friends and family to show the social media giant's alleged monopoly.
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April 28, 2025
DOJ's Slater Outlines 'America First Antitrust' Priorities
The head of the U.S. Department of Justice's Antitrust Division said Monday that robust antitrust enforcement meshes with conservative principles, and the agency's priorities will be on pocketbook issues and protecting individual liberty online.
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April 28, 2025
DOJ Wants Live Nation Case Split Between Liability, Damages
The U.S. Department of Justice asked a New York federal court on Monday to split the case accusing Live Nation of quashing competition in the live entertainment industry by having a jury decide if the company violated antitrust law and the judge decide what remedies to impose.
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April 28, 2025
Altice Must Show Arbitration Clause Was Sent, NJ Justices Told
An Altice USA customer urged the New Jersey Supreme Court on Monday to revive his discrimination suit against the cellular provider, arguing that the company has provided no evidence of an arbitration agreement that precluded his claims in lower courts.
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April 28, 2025
UScellular, Investors Ink $7.7M Deal In Postpaid Biz Suit
UScellular and the investors who sued the company over its representations about the health of its postpaid mobile phone outfit have agreed to settle their differences for $7.7 million and are asking an Illinois federal judge to sign off on the deal.
Expert Analysis
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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How Ƶ Rule Would Affect Data Brokers And Beyond
The Consumer Financial Protection Bureau recently proposed a rule that would not only expand data broker oversight by classifying many as consumer reporting agencies, but would also impose new limitations on companies seeking to obtain information from them, potentially requiring such entities to alter their business models, say attorneys at Orrick.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Reviewing 2024's State Consumer Privacy Law Enforcement
While we are still in the infancy of state consumer privacy laws, a review of enforcement activity this year suggests substantial overlaps in regulatory priorities across the most active states and gives insight into the likely paths of future enforcement, says Thomas Nolan at Quinn Emanuel.
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Preparing For The New Restrictions On Investment Into China
In light of a new regulatory program governing U.S. investments in China-related technology companies of national security concern, investors should keep several considerations in mind, including the rules' effect on existing and new investments, compliance hurdles, and penalties for noncompliance ahead of the rules' January implementation, say attorneys at Gunderson Dettmer.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity
The Federal Circuit’s recent ruling in NexStep v. Comcast highlights how even a persuasive expert’s failure to fully explain the basis of their opinion at trial can turn a winning patent infringement argument into a losing one, say attorneys at Barnes & Thornburg.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Tracking The Uncertainty Of The FTC's Negative Option Rule
The fate of the Federal Trade Commission's final rule requiring businesses that utilize negative options to provide consumers with a simple cancellation method remains in limbo as it faces multiple legal challenges and the threat of possible congressional action looms, say attorneys at Manatt.
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Trending At The PTAB: Collateral Estoppel Continues Evolving
We are starting to see brighter lines on collateral estoppel involving Patent Trial and Appeal Board proceedings, illustrated by two recent cases that considered whether collateral estoppel should apply to factual findings on prior art from the PTAB in a later district court litigation, say attorneys at Finnegan.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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What Fed. Circ. Ruling Means For Patent Case Dismissals
The Federal Circuit's recent decision in UTTO v. Metrotech is significant because it specifically authorizes district courts to dismiss patent infringement lawsuits without a separate Markman hearing, but only when the meaning of a claim term is clear and case-dispositive, says Peter Gergely at Merchant & Gould.
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The Fed. Circ. In October: Anti-Suit Injunctions And SEPs
The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.