Telecommunications

Expert Analysis

• Opinion

  A Welcome Turning Of The Tide On State Preemption Of Cities

  

  The troubling trend of state preemption of local authority across a wide array of policy areas seemed only to be growing until this spring’s legislative season, which saw states reconsidering and even beginning to unwind a legacy of interference, says Nestor Davidson, a professor at Fordham Law School.

• TCPA Fax Class Actions Could Be An Endangered Species

  

  Emerging trends and events are likely to significantly limit plaintiffs' ability to successfully bring fax class actions under the Telephone Consumer Protection Act, says Doug Brown of Rumberger Kirk.

• Debunking 3 Myths About Contract Attorneys

  

  Although contract attorneys represent a quality source of legal work, inaccurate assumptions cause many legal departments and law firms to hesitate when considering them, say Matthew Weaver and Shannon Murphy of Major Lindsey.

• Be Aware Of Risk When Providing Notice To Multiple Insurers

  

  Policyholders commonly place all potential insurers on notice without consideration as to possible downsides, but the Seventh Circuit's decision in Emmis v. Illinois National Insurance shows that this approach can result in exclusion of coverage, say Catherine Doyle and David Kroeger of Jenner & Block.

• Opinion

  FTC's Antitrust Win Against Qualcomm Should Not Stand

  

  The Ninth Circuit should overturn U.S. District Judge Lucy Koh's decision in Federal Trade Commission v. Qualcomm, which fails to understand innovation and licensing in the mobile wireless industry, and will harm the American economy without benefiting consumers, says David Teece of the University of California, Berkeley.

• Compliance Imperatives For Defensible Data Disposal

  

  Companies in a host of industries have recently faced steep compliance fines for data breaches from domestic and international regulators. Defensible disposal of corporate data presents an excellent opportunity to mitigate the impact of these data-driven risks, says Julia Brickell of H5.

• A Litigator’s Reflections From The Arbitrator’s Chair

  

  The U.S. Supreme Court's opinions this term in Henry Schein and Lamps Plus remind us of the fundamental difference between arbitration and litigation. Yet, as a commercial litigator who serves as a neutral arbitrator, I have observed that experienced litigators often fail to adapt their approach in arbitration, says Paula Litt at Honigman.

• Opinion

  Do Not Let Sprint Buy All Educational Spectrum Licenses

  

  If Sprint is allowed to buy up all Educational Broadband Service frequencies and then merge with T-Mobile, it will have an overwhelming advantage in 4G and 5G wireless broadband and will be able to exploit its market power to loot the value of spectrum held by educational institutions nationwide, says John Schwartz of Voqal.

• 5 Hard Phrases Lawyers Should Master

  

  While Kelly Corrigan's popular book, "Tell Me More: Stories About the 12 Hardest Things I’m Learning to Say," focuses on simple words or phrases that individuals can use to improve their personal lives, attorneys can utilize Corrigan's advice for professional benefit, says Karen Ross of Tucker Ellis.

• Opinion

  Time To Resolve Post-Cyan Securities Class Action Confusion

  

  Following the U.S. Supreme Court's 2018 Cyan opinion, Securities Act claims that are litigated in a state forum inhibit transparency in the securities class action arena, and congressional intervention is duly warranted to clear the fog for business leaders and their investors, says Nessim Mezrahi of SAR.

• Rebuttal

  Hindsight Proportionality Is An Illogical And Meaningless Idea

  

  A recent Law360 guest article suggests that the Federal Trade Commission's use of purportedly few trial exhibits in FTC v. Qualcomm demonstrates that discovery was not proportional to the needs of the case, but in actuality there is little to be gleaned from the number of trial exhibits, say attorneys at Hausfeld.

• Opinion

  7th Circ. Decision Creates Minefield For Insurance Industry

  

  The Seventh Circuit's recent decision in Emmis v. Illinois National Insurance unfairly limits directors and officers coverage for policyholders, encourages litigation of insurance claims and also generates enormous liability exposure for brokers, say attorneys at Plews Shadley.

• E-Discovery Experts Could Increase Fed. Court Efficiency

  

  As electronic data demands on federal courts continue to increase, it may be time to consider whether the courts should establish an office that could be staffed with technical experts familiar with electronic discovery issues, says Douglas Smith of Kirkland.

• 4 Things FTC Competition Bureau Looks For In White Papers

  

  Most written advocacy to the Bureau of Competition is of an extremely high quality, but sometimes we notice that there’s some room for improvement, says Daniel Francis, an associate director at the Federal Trade Commission's Bureau of Competition.

• Remembering Justice Stevens As A Law Firm Leader

  

  Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.