News & Analysis as of

Federal Judge Rules Against NSA Telephone Surveillance Program

On Monday, November 9, Judge Richard Leon of the U.S. District Court for the District of Columbia ruled, in Klayman v. Obama, against part of the National Security Agency’s (“NSA”) surveillance program that collects domestic...more

U.S. Court of Appeals for the 2nd Circuit Mandates a Stay of Litigation When All of the Disputed Claims Are Arbitrable

In Katz v. Cellco Partnership (July 28, 2015), the U.S. Court of Appeals for the 2nd Circuit this summer clarified that district courts do not have discretion to dismiss a case that has been referred to arbitration. Instead,...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Alphabet Soup and Data Security

In the span of two days, mobile device users learned of two data breaches that could compromise their personal data. In one, Experian (a credit reporting agency) reported that it was hacked, potentially putting 15 million...more

Wireless Telecommunications Bureau Seeks Comment on Twilio Petition Requesting Classification of Messaging Services Under Title...

On October 13, 2015, the Wireless Telecommunications Bureau (Bureau) of the Federal Communications Commission (FCC or the Commission) issued a Public Notice seeking comment on a Petition for Expedited Declaratory Ruling...more

Safe Harbor No More: The Everchanging Landscape of Data on the Digital Frontier

Justice in unincorporated territory is often made up of unwritten codes and gentlemen’s agreements focused on individual freedoms and laissez faire trade. But once the space is populated and providing cash flow, and the need...more

How the NLRB Spent Its Summer — Could Be a Chilly Autumn

For those of us in the employment field attempting to recover from the languor of long summer days, it’s time to catch up and ask what the NLRB has been up to during the dog days. The answer – a lot. And so we take this...more

Why Getting Handbooks Right Matters: NLRB Judge Holds Verizon’s Restrictions on Employee Communications During Non-Working Time...

Despite previous NLRB rulings telling them to stop, some employers continue to impose broad prohibitions on personal employee communications over company email. As an administrative law judge recently reminded us, failing to...more

Employee Benefits Developments - September 2015

IRS Issues New Draft Form 1095-C and Instructions. On August 6, 2015, the IRS published its most recent updates to Form 1095-C and the instructions for Forms 1094-C and 1095-C. Beginning in early 2016, applicable large...more

How to Avoid and Respond to a Cybersecurity Breach

In light of numerous recent data breaches, cybersecurity has emerged as an issue impacting organizations ranging from the local hardware store to the largest multi-national firms in the world. In short, no industry is immune...more

Second Circuit Rules Federal Arbitration Act Requires Stay, Not Dismissal, Of Litigation

In Katz v. Cellco Partnership, the United States Court of Appeals for the Second Circuit confronted the question of “whether district courts retain the discretion to dismiss an action after all claims have been referred...more

CPUC Likely to Hold Verizon Responsible for its Share of Costs Related to Underground Communications Facilities

The California Public Utilities Commission will decide whether Verizon is improperly shifting costs to California cities by refusing to pay its share of expenses related to the installation of underground service facilities....more

Manatt Digital Media - July 2015

In this edition, we reflect upon the key digital media events of the first half of 2015 and present the major deals, developments and trends across video, music, gaming and virtual reality....more

“Never Say Never”: Lessons From RadioShack’s Sale of Customer Information

When a bankrupt company’s most valuable assets include consumer information, a tension arises between bankruptcy policy aimed at maximizing asset value, on the one hand, and privacy laws designed to protect consumers’...more

Password Best Practices – I know, AGAIN!

With the uptick in high profile security breaches like the Office of Personnel Management, Target, JPMorgan and others, it is easy to become desensitized to the constant risk our cyber lives pose both personally and...more

The Consumer Financial Protection Bureau's cases against Sprint and Verizon for Mobile Cramming - Blog: Consumer Financial...

Today we’re taking a look at the Consumer Financial Protection Bureau’s cases against Sprint Corporation (“Sprint”) and Cellco Partnership d/b/a Verizon Wireless (“Verizon”) for mobile cramming. For starters, what does...more

IP Newsflash - May 2015 #4

DISTRICT COURT CASES - Eastern District of Virginia Grants Summary Judgment of Noninfringement to Adobe - On May 7, 2015, Judge Brinkema of the United States district court for the Eastern District of Virginia...more

New Release for Spring 2015: The Annual Verizon Data Breach Investigations Report

It’s that time of year again. Spring is in the air, flowers are in bloom, and Verizon’s annual Data Breach Investigations Report (DBIR) has been released. As in years past, this year’s numbers shed some light into, not only...more

Verizon 2015 Data Breach Investigations Report Out

If you have never taken a close look at Verizon’s yearly Data Breach Investigations Report, we highly recommend that you do. It just came out, and is once again, a very informative read....more

Seventh Circuit Upholds Dismissal of Text Messaging Price-Fixing Claims

On Thursday, April 9, 2015, the Seventh Circuit affirmed the district court’s grant of summary judgment for AT&T Mobility LLC, Verizon Wireless LLC, T-Mobile USA Inc. and Sprint Corp., in a text messaging price-fixing...more

The Basics of Net Neutrality – What 'You Oughta Know'

A brief background of Net Neutrality and, in the words of Alanis Morisette, what “You Oughta Know.” ...more

Net Neutrality: More Winners Than Losers

On March 12, 2015, The Federal Communications Commission (FCC) released the full text of the Net Neutrality rules it approved last month. Net Neutrality essentially means an open Internet where all traffic is equal, anyone...more

FCC Enforcement Bureau Dismisses ILEC Pole Attachment Complaint

Earlier this week the FCC’s Enforcement Bureau dismissed without prejudice a pole attachment complaint filed by Verizon Florida LLC (“Verizon”) against Florida Power and Light (“FPL”). It was the FCC’s first substantive...more

Landlord’s Checklist For Cell Tower Transfers

The Federal Communications Commission recently closed a spectrum auction that raised more than $41 billion. Among the companies making a large investment in the auction was Verizon. It reportedly spent $10.4 billion for this...more

"Courts Parse First Amendment Protections for Anonymous Critics Online"

The Supreme Court has long recognized that the freedom of speech enshrined in the First Amendment extends to anonymous speech, noting that “persecuted groups and sects … throughout history have been able to criticize...more

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