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Here We Go Again — FCC Proposes to Revive Net Neutrality Rules

On Monday this week, Anna Gomez was formally sworn in as the FCC's fifth commissioner, bringing the Commission back to its full complement and giving Chairwoman Rosenworcel a third Democratic vote. The very next day,...more

What the Supreme Court's Mallory Ruling Means for Businesses

On Tuesday, the U.S. Supreme Court resurrected the consent-by-registration theory of personal jurisdiction. Under the Court's decision in Mallory v. Norfolk Southern Railway Co., a state can require out-of-state businesses to...more

Custodia Bank Wins Important Digital Asset Decision

On June 7, 2022, Custodia Bank ("Custodia") filed a complaint in the U.S. District Court for the District of Wyoming against the Federal Reserve Board of Governors (the "Board") and the Federal Reserve Bank of Kansas City...more

DWT Attorneys File Amicus Brief in Support of Custodia Bank

DWT attorneys recently filed an amicus brief on behalf of the co-chairs of the Wyoming Select Committee on Blockchain Technology in support of the application of Custodia Bank (which is a Special Purpose Depository...more

The Supreme Court Casts a Shadow Over the Fight Against Climate Change (and So Much More)

On June 30, the last day of an historic term, the Supreme Court issued its decision in West Virginia v. EPA. As expected, the Court struck down EPA's 2015 Clean Power Plan (CPP), which was intended to reduce greenhouse gas...more

Ninth Circuit Upholds Denial of Injunction Against California Net Neutrality Law

On January 28, 2022, a panel of the Ninth Circuit Court of Appeals issued a ruling in ACA Connects v. Bonita, upholding the district court's denial of a preliminary injunction against the operation of California SB-822, which...more

Chopra's CFPB Signals Expansion of Abusiveness to Include Antitrust

In the last eight months, the Consumer Financial Protection Bureau (CFPB) has signaled its intent to expand its use of abusiveness theories in enforcement matters. In March, the CFPB rescinded the previous administration's...more

President Biden Signs Executive Order Encouraging Greater Regulation of Tech and Communications Companies

On July 9, 2021, President Biden issued a far-reaching Executive Order seeking to fight market concentration and anticompetitive practices across the entire U.S. economy, stating that "[a] fair, open, and competitive...more

Major Leadership and Policy Changes at the FTC—What They Mean for Antitrust and Consumer Protection Enforcement in Technology...

The first half-year of the Biden Administration has signaled a potential sea change at the Federal Trade Commission (FTC), and in particular how the agency approaches antitrust and consumer protection enforcement. Notably,...more

Biden Administration Rescinds Trump's TikTok and WeChat Bans, Issues Two Executive Orders Highlighting Policies on Chinese Tech...

Earlier this month, President Biden issued two executive orders designed to address risks allegedly posed by Chinese technology companies. One order rescinds President Trump's orders banning TikTok, WeChat, and other Chinese...more

SCOTUS Limits Reach of Computer Fraud and Abuse Act: Nefarious Reasons Are Not Enough for Criminal Liability

Last week, the U.S. Supreme Court resolved an important question about the meaning of provisions prohibiting "unauthorized access" or "exceeding authorized access" to computer systems and databases under the Computer Fraud...more

Closing the Homework Gap—New $7B Temporary Program an Important First Step

Congress created the E-rate program more than 20 years ago in order to provide internet connectivity to the nation's libraries and schools, but educators and industry have complained for years that it is inadequate to close...more

Federal Regulators' Artificial Intelligence Initiative Is a Promising Development for Financial Industry (Update)

Update: On May 17, 2021, the agencies extended the deadline for comments from June 1, 2021, to July 1, 2021. The text of this post has been updated accordingly....more

Federal Court Says Voice Service Providers "Mey" Face TCPA Liability for Facilitating Spoofed Robocalls, Denies Motion to Dismiss

When a dialing platform or voice service provider is sued under the Telephone Consumer Protection Act (TCPA), it often can successfully move to dismiss because it did not "make" the calls at issue or is immune from liability...more

Federal Regulators' Artificial Intelligence Initiative Is a Promising Development for Financial Industry

The federal financial institutions regulatory agencies collectively issued a Request for Information and Comment (RFI) on March 31, 2021, to better understand how artificial intelligence (AI) and machine learning (ML) are...more

SCOTUS Adopts Narrow Autodialer Definition, Fundamentally Alters TCPA Landscape

On Thursday, the U.S. Supreme Court issued its long-awaited decision in Facebook, Inc. v. Duguid, which significantly restricts the scope of the Telephone Consumer Protection Act (TCPA). The Act prohibits certain calls and...more

Automated Driving Regulation: Three Big Issues as the Federal Government Edges Forward

Mobility stakeholders are eager to learn how the Biden Administration will approach automated driving systems (ADS), including to what extent this approach may differ from that of the Trump Administration. We may learn in the...more

Federal Judge Lets California's Net Neutrality Law Take Effect—But What Comes Next?

The whirlwind of developments during 2021 on "net neutrality" rules that is probably inevitable given the change in administration gathered speed this week, when a federal district court in California denied an industry...more

Has the Pandemic Made California Less Concerned About Regulating Autonomous Vehicles?

Autonomous vehicle (AV) technologies continue to drive significant investment and interest from both the automotive and tech sectors alike. According to CB Insights, at least 40 companies are developing road-going,...more

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