Time Warner

News & Analysis as of

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

Feds Get Technical! Technical! (Sung to Olivia Newton John’s “Let’s Get Physical” of course)

We already know that California’s exempt/non-exempt classification scheme is a complicated system of checks and balances that takes most employers the help of an attorney to traverse. Well, just so we don’t get overly...more

California Supreme Court Clarifies Commissioned Employee Exemption

Peabody v Time Warner Cable, Inc. (July 14, 2014, No. S204804) 2014 Cal Lexis 4755, came to the California Supreme Court from the Ninth Circuit, through a certification procedure that is used when a question can determine the...more

The Commissioned Salesperson Exemption Just Got More Difficult to Establish

Many California employers rely on California's commissioned salesperson exemption from overtime for their inside sales employees. That exemption, however, is becoming increasingly difficult to establish. A recent decision...more

California's Inside Sales Exemption May Be Lost Where Commissions Are Paid on a Monthly or Less Frequent Basis

A recent California Supreme Court decision significantly impacts pay practices for commissioned sales employees. On July 14, 2014, the state Supreme Court ruled in Peabody v. Time Warner Cable, Inc. that an employer may not...more

Peabody Decision Tightens Requirements for Commission Payments and Exempt Status

State and federal law create an exemption from overtime compensation for employees engaged in sales who satisfy specific criteria. Although the requirements under each set of laws are not identical, each generally provides...more

Seeking Credit for Deferred Commissions? You Might Get Declined

Last week, the California Supreme Court issued its decision in Peabody v. Time Warner Cable, Inc., deciding that employers may not apply commission payments to earlier pay periods for the purposes of establishing that an...more

California Supreme Court Limits Application of Commissioned Employee Exemption

On July 14, 2014, the California Supreme Court held in Peabody v. Time Warner Cable, Inc. that employees qualify for the California “commissioned employee” exemption in a pay period only if they receive “earnings [that]...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

California Supreme Court Clarifies Requirements of Commissioned Employee Exemption

In recent years there has been substantial litigation regarding whether and how employers may satisfy California minimum wage requirements for compensation plans involving commissions. In Peabody v. Time Warner Cable, Inc.,...more

North Carolina Court Orders Electric Cooperative Pole Owner to Apply FCC Cable Formula

On May 22, 2014, the General Court of Justice of Rutherford County, North Carolina issued an important Order and Opinion interpreting a state statute governing the maximum lawful pole attachment rates that North Carolina...more

North Carolina Court Issues First Decision Controlling Coop Pole Attachment Rates

This is a story of persistence and perseverance, if not patience. The cable industry finally obtained some control over skyrocketing pole attachment rates charged by cooperative utilities in North Carolina when the...more

Liberty Media Enters into Voting Agreement with Comcast to Facilitate Comcast / Charter Transaction

Liberty Media Corporation ("Liberty") (Nasdaq: LMCA, LMCB) today announced that it has entered into a Voting Agreement with Comcast Corporation ("Comcast") (Nasdaq: CMCSA, CMCSK) to facilitate the consummation of a series of...more

You Want Me To Do WHAT?! The Nudity Rider In Film And TV Projects

When we have our monthly strategy meetings with our marketing consultants about how we can generate traffic for this blog, they usually furrow their brows and ask if we can’t make our topics a little “sexier” in order to...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

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

Paternity Leave Policy Comes Under Scrutiny

In October 2013, a CNN reporter filed an EEOC charge against CNN's parent company, Time Warner, Inc., alleging that Time Warner's parental leave policy is unlawfully discriminatory. According to the claimant, Josh Levs, Time...more

Business Litigation Report -- September 2013

In This Issue: ..Private Antitrust Litigation in the UK ..First Decision by PTO Under America Invents Act Invalidates Business Method Patent ..September 2013: Bankruptcy & Restructuring Litigation...more

IP Update, Vol. 16, No. 6, June 2013

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

Federal Circuit Review - Volume 3 | Issue 5 - May 2013

In This Issue: • Patent Office Must Prove Prior Art Reference Is Enabling • Complaint Was Adequate Despite Non-Infringing Possibilities • FDA Approval Not Relevant to Obviousness Analysis - Excerpt from...more

California Wage/Hour Update, No. 2 - April 2013: "Late Breaking" News

Boss: Time for your lunch break. Employee: Naw, I’ll just finish up what I’m working on and take my break later. Boss: That’s fine with me, but you are free to go now. Employee: Gotcha! Now you owe...more

New Happy Birthday Song, Copyright-Free  [Video]

That's "It's your Birthday!" by Monk Turner and Fascinoma. If New Jersey radio station WFMU and the Free Music Archive have their way, it will soon replace the most recognized song in the English language, "Happy Birthday...more

“Where Are They Now”: Law Law Land Edition

This time last year, Law Law Land joined the hackneyed proud tradition of legal blogs offering year-end lists of cases to watch in the coming year (though in our defense, we did try to mix it up by reviewing totally absurd...more

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