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News & Analysis as of

"Title II or Bust: The FCC Wrestles With Net Neutrality"

Over the past few weeks, a number of significant developments have impacted the Federal Communication Commission’s (FCC) ongoing proceeding regarding network neutrality. On November 10, President Barack Obama surprised many...more

If They Could Be All You Wanted: The FCC Gets Serious About Small Cells

Say what you will about inside-the-Beltway leadership vacuums, political gridlock and the indecipherable output from the grey, grinding gears of our government agencies, but once in a while Washington actually gets it right. ...more

Alice in Wonderland: The Ongoing Impact of Alice Corp. v. CLS Bank Int’l on Computer-Implemented Inventions

On June 19, 2014, the U.S. Supreme Court issued a unanimous decision in Alice Corp. v. CLS Bank Int’l (Alice)[i]. In Alice, the Court held that several patents that pertained to a computerized platform for eliminating risk...more

Oregon Supreme Court Provides Definition of "Data Transmission Services" for Central Assessment Purposes

The Oregon Supreme Court today released its long-awaited decision in Comcast Corporation v. Department of Revenue, 356 Or 282, (Oct 2, 2014) (argued January 8, 2013). ...more

Recent Albany County Supreme Court Decision Calls into Question the New York State Public Service Commission’s Framework for...

An Albany County Supreme Court decision issued on July 31, 2014 calls into question the New York State Public Service Commission’s (“Commission”) analytical framework for making trade secret determinations. While the...more

Proposed Comcast-Time Warner Cable-Charter Merger/Swaps/Sales Spark Thousands of Filings at the FCC; Responses Due Sept. 23

The proposed merger of the two largest cable operators in the country, Comcast and Time Warner Cable, and the related system swaps and sales involving Charter Communications, have generated an enormous amount of press...more

New Opportunities for California Arise from Mega Cable Merger

In an earlier post, we talked about the FCC’s review of the Comcast-Time Warner Cable merger heating up with more than 65,000 comments filed this week. Folks in California may be interested to know that the California Public...more

CPUC Review of Comcast-TWC Merger Gives Cities & Schools Opportunity to Improve Broadband Services

The California Public Utilities Commission has decided to focus on the cost and availability of broadband services in its review of the proposed merger between the two largest cable and broadband providers in the state:...more

District Court Denies Summary Judgment in Broadcast Rights Class Action

On Friday, August 8, 2014, the Southern District of New York denied motions for summary judgment filed by the National Hockey League, Major League Baseball, Comcast Corp. and DirecTV LLC in suits alleging that these...more

Comments Due August 25 on Comcast-Time Warner Cable-Charter Merger/Spin Off Transactions

If you haven’t been closely monitoring developments in the FCC’s review of the Comcast – Time Warner Cable – Charter merger and spin-off transactions, then you may have missed some critical announcements. ...more

Comments Due August 25 on Comcast-Time Warner Cable-Charter Merger/Spin Off Transactions

FCC Sets Up Teams to Review Transactions - Last week the FCC made two important announcements concerning its review of the applications filed for approval of the Comcast – Time Warner Cable – Charter cable merger and...more

7th Circuit Vacates Decision Declining To Certify Consumer Class Against Roofing Shingle Manufacturer Based On Incorrect Reading...

The Seventh Circuit Court of Appeals vacated a decision declining to certify a consumer class against IKO Manufacturing, in which the district court wrote that “commonality of damages” is essential, reasoning that the...more

District Court Rejects Nationwide Class, But Certifies California-Only Consumer Class After Conducting Rigorous Analysis of...

In Werdebaugh v. Blue Diamond Growers, the plaintiff brought suit in the United States District Court for the Northern District of California to certify a nationwide class of consumers who purchased Blue Diamond almond milk...more

California Supreme Court Stabilizes the Law in California Misclassification Class Action Cases

In a long-awaited decision, the California Supreme Court in Duran v. U.S. Bank National Association, S200923 (May 29, 2014), clarified California's standard for certifying class actions in employee misclassification cases. In...more

California Tax Developments - A Reed Smith Quarterly Update (1st Quarter 2014)

Case Updates - Superior Court deems Comcast and QVC are not unitary; determines early termination fee is business income. On March 6, 2014, a Los Angeles Superior Court issued its final decision in Comcon Production...more

A Cable Franchise Transfer Toolkit for the Time Warner-Comcast Merger

A proposed transfer of control of a cable television operator or a transfer of a cable television A Cable Franchise Transfer Toolkit for the Time Warner-Comcast Mergerfranchise presents the franchising authority with a...more

Legal Alert: Court Holds Comcast Did Not Establish Unitary Relationship with QVC

Yesterday the Los Angeles Superior Court held that Comcast did not establish a unitary relationship with its 57% owned subsidiary, QVC. The court found for Comcast and held that the evidence presented at trial demonstrated...more

Reading The Halliburton Argument’s Tea Leaves

Does today’s oral argument before the Supreme Court in the Halliburton case provide any clues regarding the Court’s likely decision? (For background regarding the case, see yesterday’s post.)...more

U.S. Supreme Court Will Not Address Certification Issues Raised by Whirlpool & Related Washing Machine Class Actions

On February 24, 2014, the U.S. Supreme Court denied certiorari in three “moldy” washing machine class actions, which presented questions regarding Fed. R. Civ. P. 23’s commonality and predominance requirements as clarified by...more

NPE Tough Talk Promising Litigation Against Comcast Becomes Self-fulfilling Prophecy

Comcast Cable Communications, LLC (“Comcast”) initiated a declaratory judgment action relating to the following three patents owned by Eclipse IP LLC (“Eclipse”)...more

Responding to the Time Warner–Comcast Merger: Why Your Community Should Get Involved

Local governments should be concerned about the proposed Time Warner-Comcast merger – and ought to be planning now to address those concerns at the local, state and federal level....more

California Tax Developments - A Reed Smith Quarterly Update (4th Quarter 2013)

Happy 2014! The start of the New Year invites a look back on highlights from the past year. In case you missed it, here’s a recap of what happened in the great Golden State during the last quarter of 2013....more

"Mass Tort and Consumer Class Action Outlook: A Mixed Landscape for Defendants in 2014"

Recent decisions by the U.S. Supreme Court have improved the landscape for defendants seeking to fend off mass tort and consumer class actions. In Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), the Supreme Court tightened...more

Moldy Washing Machines at the Supreme Court: A Platform for Further Development of Rule 23?

Three cases about moldy washing machines currently sit at the U.S. Supreme Court, waiting for their names to be called. The cases are nearly identical consumer products class actions, and they have enormous potential to shape...more

The ERISA Litigation Newsletter - January 2014

This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and...more

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