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Telecommunications
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May 01, 2025
AT&T Win Is FDIC's Loss On In-House Cases, 5th Circ. Told
A banker challenging the Federal Deposit Insurance Corp.'s use of in-house proceedings to level a fraud judgment against him told the Fifth Circuit that its recent decision overturning a $57 million Federal Communications Commission fine against AT&T confirms that the FDIC cannot rely on a "public rights" exemption to impose fines without a jury trial.
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May 01, 2025
Kirkland Adds National Security Attys From DC Boutique
Kirkland & Ellis LLP picked up two national security partners from a D.C. boutique, the firm announced Thursday.
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April 30, 2025
Apple Defied App Store Injunction For Revenue, Judge Says
A California federal judge Wednesday agreed with Epic Games that Apple violated her order blocking App Store rules that prevent developers from steering users to alternative payment options, and has now barred Apple from collecting any fees on outside-app purchases and referred the matter to federal prosecutors for possible criminal contempt proceedings.
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April 30, 2025
Meta Engineers Call WhatsApp Hack 'Unprecedented' At Trial
Meta Platforms engineers testified Wednesday during a California federal jury trial over how much Israeli spyware-maker NSO Group owes Meta for hacking 1,400 WhatsApp users' devices that they spent days working around-the-clock to combat NSO's "unprecedented" spyware attack.
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April 30, 2025
Calif. Privacy Agency Inks Cooperation Pact With UK Authority
The California Privacy Protection Agency has taken its latest step toward boosting its collaboration with data protection authorities around the world, announcing Tuesday that it had reached an agreement with the U.K.'s privacy regulator to compare investigative methods, research into new technologies and other vital tools.
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April 30, 2025
CEO Asked How Rivals Can Possibly Match Google Money
Google CEO Sundar Pichai testified Wednesday that the Justice Department's proposed monopolization fixes amount to a "de facto divestiture" of the company's entire search intellectual property, only for the D.C. federal judge to wonder how rival search engines could hope to match its financial resources.
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April 30, 2025
FCC Could Ban Foreign Adversaries' Testing Labs
The Federal Communications Commission plans to vote in May on whether to ban U.S. operations of telecom equipment test labs owned by foreign adversaries.
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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 Âé¶¹´«Ã½ 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, Âé¶¹´«Ã½360 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.
Expert Analysis
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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New TCPA Rule Faces Uncertain Future Post-Loper Bright
The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.
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'Minimum Contacts' Issues At Stake In High Court FSIA Case
In CC/Devas v. Antrix, the U.S. Supreme Court must decide whether a "minimum contacts" requirement should be implied in the Foreign Sovereign Immunities Act, with the potential to dramatically change the legislative landscape through the establishment of a new and significant barrier to U.S. suits against foreign states, say attorneys at WilmerHale.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Âé¶¹´«Ã½ Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Âé¶¹´«Ã½yers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Open Questions In Unsettled Geofence Warrant Landscape
The Fourth and Fifth Circuits recently reached radically divergent conclusions about the constitutionality of geofence warrants, creating an uncertain landscape in which defendants should assert and preserve the full range of conventional Fourth Amendment challenges, says Charles Fowler at McKool Smith.
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Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'
The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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What 2 Key Rulings Mean For Solicitation Under TCPA
Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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Series
Collecting Art Makes Me A Better Âé¶¹´«Ã½yer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.