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
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
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 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
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
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
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 In March, the CFPB rescinded the previous administration's...more
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
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
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
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
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
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
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
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
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
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
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
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