Cable Television Providers

News & Analysis as of

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

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

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

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”

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

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

Something for Everyone? Pre-election FCC Draft Business Data Service Fact Sheet Leaves No One Entirely Happy

FCC Chairman Tom Wheeler has released an October 7, 2016 “Fact Sheet” summarizing key points of his draft Business Data Service (“BDS”) Reform Order to regulate the leased, dedicated high capacity circuits that are used for...more

It’s Not an Illusion! DISH Not Required to Give Credit When Channels Go Dark

Expanded Basic. Choice. Choice Plus. Cable and satellite TV customers pay monthly fees for bundled channel packages of different sizes. The packages are becoming “skinnier,” allowing you to customize your service from a set...more

The Tenth Circuit Affirmed Decision That Two Putative Class Actions Must Be Arbitrated

This dispute involves two cable subscribers (Andrew Alwert and Stanley Freedman) who filed putative class actions against Cox Communications Inc. for allegedly tying monthly set-top box payments to its premium cable services....more

September 2016 Independent Contractor Misclassification and Compliance News Update

The past month’s judicial and administrative activity in the area of IC misclassification reflects the wide range of industries facing these types of claims: communications; cleaning services; transportation and delivery...more

Advanced Copyright Issues on the Internet

During recent years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of...more

Eighth Circuit Clarifies Spokeo Ruling to Require Injury-in-Fact to Satisfy Article III Standing

In a victory to the defense bar, the U.S. Court of Appeals for the Eighth Circuit has published the first appellate opinion to apply the principles the U.S. Supreme Court articulated in Spokeo, Inc. v. Robins regarding...more

Litigation Alert: The Eighth Circuit Applies Spokeo to Reject Standing for Technical Violation of Privacy Statute

Last week, the Eighth Circuit became the first Circuit Court to address the reach of Spokeo v. Robbins in a privacy case, holding that a plaintiff’s allegation that a cable company’s retention of his personal information in...more

Second Circuit Blazes New Trail in Set-Top Box Cases: Cable Service and Boxes Are Not Separate Products

Since 2008, cable customers have been suing cable operators across the country claiming operators violate the antitrust laws by forcing customers to lease set-top boxes from the operator to access “premium” cable services. ...more

FCC Media Bureau Clarifies Broadcasters’ Negotiation Remedies

Negotiations between television channels/networks and pay TV operators are a breed apart.  The stakes are high and the consequence of failure – a “dark” screen – is all too public. But the critical factor that sets...more

Of “Lunch Stands and Merry-Go-Rounds”: Ninth Circuit’s Rejection of FTC Authority Over “Throttling” Could Have Far Reaching...

On August 29th, a Ninth Circuit panel unanimously held that the FTC has no power to challenge “throttling” of unlimited data plan customers by mobile broadband providers as an “unfair or deceptive act.” The panel found that...more

New Rules Impact PEG Access Stations’ Responsibilities Regarding Closed Captioning

Additional Reporting and Compliance Requirements - The Federal Communications Commission published a Final Rule in the Federal Register on Tuesday, imposing new reporting requirements on public, educational and...more

Digital Single Market Update: The European Commission’s Proposal to Revise the Audiovisual Media Services Directive

The European Commission has proposed legislation in the EU to provide a uniform legal and competition framework for video-streaming services provided via the Internet. The regime includes changes to advertising, the...more

“Red Herring” or “Alternate [U-verse]”? Court Allows Cable Network to Go Beyond Written Contract in Claims Against Distributor

2015 and 2016 saw a wave of transactions among cable, satellite, and other linear programming distributors: AT&T & DirecTV, Altice and Suddenlink, etc. That transactional wave is beginning to spawn a litigation wave,...more

Alert: Copyright Office Letter Raises New Questions About FCC Set-Top Box Proceeding

A recent letter by the US Copyright Office has raised questions about the FCC's proposal to adopt new rules intended to open up the market for cable television set-top boxes and what actions the FCC ultimately will take. The...more

European Commission accepts Paramount Pictures' commitments as part of its ongoing investigation into the major US film studios

On 26 July 2016, the European Commission announced its acceptance of certain commitments by Paramount Pictures relating to the ongoing investigation into licensing agreements between the six major US film studios (Disney,...more

Cable and Satellite Royalty Claims Due to the Copyright Royalty Board by August 1, 2016

This advisory is directed to television stations with locally-produced programming whose signals were carried by at least one cable system located outside the station’s local service area or by a satellite provider that...more

Your daily dose of financial news - The Brief – 7.1.16

Yesterday, Hershey rejected Kraft spinoff Mondelez’s $23 billion takeover offer, but the dealmaking efforts may not be over. The success of any increased offer lies in the hands of the Hershey Trust Company, a charitable...more

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