News & Analysis as of

Cable Television Providers

Cable Operators Reduced Franchise Fee to Municipalities Not Permitted - BB&K Attorneys Win in California Federal Court

by Best Best & Krieger LLP on

For years, California cable operators have reduced the franchise fee paid to local governments by the amount paid to the California Public Service Commission. While a small amount for many communities, the deduction reduced...more

Many California Cities May Not be Receiving Full Cable Franchise Fee

by Best Best & Krieger LLP on

A decision from the U.S. District Court for the Eastern District of California suggests that many California cities are receiving less than the full cable franchise fee to which they are entitled....more

New FAA Waiver Issued to CNN Will Help Expand Commercial Drone Operations Over People

by Hogan Lovells on

Drones are the future of transportation and information technology. Recent innovations have transformed what used to be considered toys into powerful tools that provide substantial safety and efficiency benefits to commercial...more

Sixth Circuit Overturns FCC Cable Order - Partner Joseph Van Eaton Represented a Coalition of Communities

by Best Best & Krieger LLP on

An FCC order that local governments, schools and the public have opposed for almost a decade was reversed by the U.S. Sixth Circuit Court of Appeals. The case is Montgomery County v. FCC, which had its genesis in an FCC...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Big American banks (BofA, Citi, Morgan Stanley) are avoiding deals with Chinese conglomerate HNA Group over concerns regarding HNA’s debt level and ownership structure....more

Sixth Circuit Vacates FCC Cable Franchise Rules on Mixed-Use Networks and Treatment of In-Kind Payments, Remands for Further FCC...

by Davis Wright Tremaine LLP on

On July 12, 2017, the U.S. Court of Appeals for the Sixth Circuit vacated two parts of the Federal Communications Commission’s decisions that had limited the ability of local franchising authorities (LFAs) to regulate...more

Good News for Public Agencies and Communities on Regulation of Cable Systems

by Best Best & Krieger LLP on

An FCC order that local governments, schools and the public have opposed for almost a decade was reversed today by the U.S. Sixth Circuit Court of Appeals....more

Emergency Information Accessibility Rules for Second-Screen Devices – Compliance Deadline Today

by Davis Wright Tremaine LLP on

Today, July 10, 2017, is the compliance deadline for the FCC’s rules regarding video description of emergency information on “second screens.” Multichannel video programming distributors (MVPDs) are now required to pass...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Here we were watching Amazon for a Slack pick-up, and all the while it had its eyes set on Whole Foods. Jeff Bezos added the upscale grocery giant to Amazon’s expanding portfolio for $13.7 billion on Friday (perhaps kicking...more

Dish Network hit with record $280 million civil penalty and far-reaching injunctive relief for do not call violations

by Ballard Spahr LLP on

An Illinois federal judge ordered Dish Network to pay the federal government $168 million for violating the FTC’s Telephone Sales Rule (“TSR”). The judgment is the largest civil penalty ever obtained for a violation of the...more

Dish Network Liable for $61 Million in Treble Damages for Service Provider's TCPA Violations

by Ballard Spahr LLP on

A recent federal court ruling provides a potent reminder that companies can be held liable for consumer protection law violations committed by third-party vendors—and underscores the importance of maintaining strong vendor...more

Dish Network Liable for $61 Million After North Carolina District Court Trebles Damages in TCPA Class Action

by Carlton Fields on

A North Carolina district court recently held that Dish Network (“Dish”) willfully violated the Telephone Consumer Protection Act (TCPA) when Satellite Systems Network (SSN) made more than 50,000 telemarketing and sales calls...more

2017 Upfronts: Broadcasters Take Digital Head On

by Fox Rothschild LLP on

The upfront selling season is when broadcast networks sell the majority of their advertising inventory. That season kicks off this week as the networks present their fall schedules to advertisers in lavishly staged events....more

Entertainment Litigation Update - May 2017

Ninth Circuit Confirms That “Volitional Conduct” Is Still Required for Direct Copyright Infringement Post-Aereo. Earlier this year, in Perfect 10, Inc. v. Giganews, Inc., 847 F.3d 657 (2017), the Ninth Circuit re-affirmed...more

China: Whose voice is it? – The arbitral award is out… but the case is not concluded…

by Hogan Lovells on

The Hong Kong International Arbitration Center (“HKIAC”) has recently issued its final award in the trademark litigation saga surrounding “The Voice of China”. This case is high-profile and interesting, because it involves...more

Advertising Litigation Report: Vol. 2, No. 2 - Regulatory

Negative Option Marketing Enforcement Actions in Federal Court - A negative option is a provision in an offer or agreement to sell or provide any goods or services “under which the customer’s silence or failure to take...more

Finding of Exceptionality Leaves Unsuccessful Infringement Plaintiff Liable for Over $50 Million in Attorney Fees and Costs

Needless to say, a finding of exceptionality under 35 U.S.C. § 285 can have crippling consequences. Just ask Rembrandt Technologies, LP, which recently was slapped with an order to pay the prevailing defendants in a...more

Arbitrator’s Decision On Availability Of Collective And Class Arbitration Withstands Procedural And Substantive Challenges

by Carlton Fields on

A Colorado federal court recently denied DISH Network (“DISH”)’s petition to vacate an arbitration award that decided an arbitration agreement with former employee Ray permitted collective or class certification. The...more

January 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

Why Roger Goodell Might Be Glad The Super Bowl Is Not Competing With An eSports Event … Yet

Every year, no sporting event attracts more viewers than the Super Bowl. That will be the case again when the Patriots and Falcons square off in Super Bowl 51. But not everything on TV is the same as it has been in the...more

7th Circuit Rules No Class Action unless the Data is at Risk

A Time Warner customer filed a putative class action suit against it alleging that it violated the Cable Communications Privacy Act because it stored personal information of customers improperly. In particular, he alleged...more

California Cities To Tax Streaming Video?

Many cities in California are considering the expansion of their Utility User Tax (UUT) to streaming video services. Such an expansion may be inconsistent with the cities’ existing ordinances, be invalid under Proposition 218...more

What to Expect From the Trump FCC

by Perkins Coie on

In the days since the recent election, many tech, media and telecom industry observers remain unsure of what to expect from the Federal Communications Commission under the Trump administration. Fortunately, there are some...more

Video-Streaming Companies See the “Netflix Tax” Going into Effect Around the Country to the Dismay of “Cord Cutters”

by Butler Snow LLP on

If you are like many other Americans, then you may have “cut your Cable TV cord” and turned to streaming movies and shows through your accounts with Netflix, Amazon Prime, Hulu, HBO GO, SlingTV, or other video streaming tech...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Faced with new Department of Labor rules requiring investment advisers to act in the best interest of their retirement account customers, Morgan Stanley’s decided to let its customers keeping paying for retirement advice with...more

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