On July 14, 2023, the U.S. Court of Appeals for the Fifth Circuit issued an administrative stay of an order that would prohibit certain federal officials and agencies from communicating with social media companies on content...more
Earlier last week, a Second Circuit panel resolved a sharp disagreement among district courts regarding the interpretation of the forum defendant rule in the context of a multi-district litigation (“MDL”) involving dozens of...more
On Friday, February 1, 2019, the U.S. Court of Appeals for the D.C. Circuit held a marathon oral argument in Mozilla Corp. v. FCC, No. 18-1051 (D.C. Cir. Feb. 22, 2018), in which various petitioners challenged the Federal...more
2/5/2019
/ Administrative Procedure Act ,
Appeals ,
Arbitrary and Capricious ,
Broadband ,
Common Carriers ,
FCC ,
Federal Communications Act ,
Internet ,
Internet Service Providers (ISPs) ,
Net Neutrality ,
Open Internet Rules ,
Oral Argument ,
Preemption ,
Regulatory Oversight ,
Repeal ,
Statutory Interpretation ,
Telecommunications ,
Title I ,
Title II
On Tuesday, the Supreme Court decided to review a case that potentially carries far reaching ramifications for litigation under the Telephone Consumer Protection Act (“TCPA”), which places restrictions on phone and fax...more
11/16/2018
/ Advertising ,
Appeals ,
Chevron Deference ,
Corporate Counsel ,
Dismissals ,
FCC ,
Hobbs Act ,
Motion to Dismiss ,
Putative Class Actions ,
Reversal ,
Statutory Interpretation ,
TCPA ,
Telemarketing ,
Unsolicited Faxes
Earlier this week, the United States Supreme Court denied requests by the Trump Administration and telecommunications industry players to vacate a prior decision by the D.C. Circuit Court of Appeals upholding the Federal...more
11/8/2018
/ Appeals ,
Broadband ,
Denial of Rehearing ,
FCC ,
Internet ,
Internet Service Providers (ISPs) ,
Mootness ,
Motion to Vacate ,
Net Neutrality ,
Open Internet Rules ,
Petition for Writ of Certiorari ,
Telecommunications ,
Title II ,
Trump Administration
During its most recent Term, the Supreme Court held in Lucia v. SEC that the administrative law judges (“ALJs”) that preside over adjudications at the Securities and Exchange Commission (“SEC”) are “Officers of the United...more
7/18/2018
/ Adjudicatory Process ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Appeals ,
Appointments Clause ,
Constitutional Challenges ,
Enforcement Actions ,
FCC ,
Final Written Decisions ,
Lucia v SEC ,
Officers of the United States ,
Remand ,
Reversal ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Special Trial Judges (STJs)
Courts that have confronted the application of the “prior express consent” requirement of the Telephone Consumer Protection Act, see 47 U.S.C. § 227 – a.k.a., the TCPA – have in the main taken their cues from and adhered to...more