On June 22, 2017, in Reyes v. Lincoln Automotive Financial Services, the U.S. Court of Appeals for the Second Circuit agreed with Hogan Lovells attorneys representing the defendant and held that the Telephone Consumer Protection Act (“TCPA”) does not permit a consumer to revoke her consent to be called when that consent forms part of a bilateral contract. The … Continue Reading
On 17 March Hogan Lovells hosted a live webinar where several of our Global TMT thought leaders interviewed a panel of academic experts from our Law and Technology Academic Advisory Council on the key legal and tech trends for 2017, including regulation of artificial intelligence, competition law and big data, global privacy and copyright trends, and the future of broadband … Continue Reading
The Federal Communications Commission’s (FCC) Media Relations Office has released a statement announcing Chairman Pai’s intention to stay a data security rule adopted by the Commission late last year in its Broadband Privacy Order. Absent a stay, the rule is set to go into effect on March 2.
The data security rule at issue states in its entirety:
Your recent book “The Disruption Dilemma” examines how disruption can destroy even the best managed corporations. The case studies in your book – the mobile phone industry disrupted by Apple, Blockbuster’s store-based video business disrupted Netflix – show that disruption is not a single phenomenon, and that there’s no single strategy for dealing with it. The case studies involving Fujifilm … Continue Reading
On January 12, 2017, prior to the new administration taking power, the National Telecommunications and Information Administration (NTIA) within the Department of Commerce (Department) released a Green Paper on “Fostering the Advancement of the Internet of Things,” which assesses the technological and policy landscape of the Internet of Things (IoT). The Green Paper is expansive in scope, reflecting the broad … Continue Reading
Late last year, President Obama signed into law the Consumer Review Fairness Act (“CRFA”). Intended to protect individuals who write unflattering online reviews of businesses, the CRFA voids contractual provisions in form contracts that: (1) prohibit non-disparagement; (2) impose liquidated damages or fines for posting disparaging reviews; or (3) exert control over the review through an assignment of intellectual property … Continue Reading
One of the highlights at this year’s Consumer Electronics Show (CES) was the parade of new connected vehicle technologies. Automakers and their suppliers rolled out a number of innovative capabilities that promise to shape the next generation of driving, make transportation safer and more efficient, revitalize our cities, and reduce air pollution. Often lost amidst the “oohs” and “ahhs” these … Continue Reading
Maintaining a global supply chain brings its share of commercial, financial, and regulatory risks. Increasingly, telecommunications companies with global operations and suppliers are finding that U.S. trade control laws affect their operations. For instance, telecommunications companies can inadvertently breach export control or economic sanctions laws when critical suppliers are designated on U.S. or non-U.S. government restricted parties lists, engage in … Continue Reading
The Internet of Things (“IoT”) connects markets and supply chains around the world. Industry, governments and consumers around the world are embracing IoT technologies to improve research and public policy, to accelerate service delivery and to monitor global development programs across healthcare, agriculture, natural resource management, climate, and energy sectors. Industry experts project that between 20 to 30 billion IoT … Continue Reading
Leaders from the public and private sectors recently analyzed the relationship between federal spectrum policy and the Internet of Things (IoT) at the Fifth Annual Winnik International Telecoms and Internet Forum. In a discussion co-moderated by Hogan Lovells Partners Trey Hanbury and Mark Parsons, panelists explored the demands IoT will impose on networks and proposed regulatory strategies that … Continue Reading
Hogan Lovells’ Winnik International Telecoms & Internet Forum explored how the Internet of Things (IoT) may continue to expand the scope of cybersecurity concerns. Cybersecurity risks for the IoT were previously synonymous with enterprise products. Now these risks extend to consumer devices, services and applications.
According to cybersecurity leaders attending the forum, the IoT market needs new, market-driven approaches to … Continue Reading
With questions like these, Stacey Higginbotham, creator of the Internet of Things Podcast and the “Stacey Knows Things” newsletter, launched an “armchair discussion” about the Internet of Things (“IoT”) during Hogan Lovells’ … Continue Reading
At the Body of European Regulators for Electronic Communications (BEREC)’s annual stakeholder forum in Brussels, bundling in the telecom sector came under the spotlight, and in particular some questions were aimed at whether “bundled” offers were legal.
On the occasion of the BEREC forum, we thought it useful to revisit European rules on bundling which are relevant both from a … Continue Reading
On 14 September 2016 the Commission unveiled an ambitious overhaul of EU telecommunications law. The proposed reforms are the centrepiece of what the Commission is calling its “Connectivity Package”.
This is a bundle of legislative proposals and related initiatives released under the Commission’s Digital Single Market strategy whose common goal is to dramatically increase the speed and geographic coverage of … Continue Reading
Three Commissioners from the Federal Communications Commission (“FCC”) found areas of both agreement and disagreement in a wide-ranging discussion at the CTIA Super Mobility conference last week in Las Vegas. The discussion among Commissioners Mignon Clyburn, Ajit Pai, and Michael O’Rielly, moderated by CTIA President and CEO Meredith Attwell Baker, covered LTE-U, the Internet of Things, infrastructure, free data, competition, … Continue Reading
Several recent high-profile mergers in the communications industry have faced scrutiny from multiple U.S. federal agencies. These transactions, both successful and unsuccessful, have drawn attention to the process by which the U.S. government approves or blocks mergers and acquisitions in the communications and broadband Internet industries. Parallel investigations by both the Federal Communications Commission and U.S. Department of Justice highlight … Continue Reading
In his keynote speech at the CTIA Super Mobility conference in Las Vegas on September 7, 2016, Federal Communications Commission (“FCC”) Chairman Tom Wheeler said that those in the wireless industry are “not just living history,” but also “writing it.” Focusing on the next generation of wireless technology known as 5G, Chairman Wheeler’s speech addressed both 5G’s potential and the … Continue Reading
Last week, a unanimous Ninth Circuit panel issued a significant decision that holds that common carriers are categorically exempt from Section 5 of the FTC Act—even for activities unrelated to common carriage. See AT&T Mobility LLC. v. Fed. Trade Comm’n, No. 15-16585, 2016 WL 4501685 (9th Cir. Aug. 29, 2016). This opinion has potentially far-reaching implications for the telecommunications … Continue Reading
On August 10, 2016, the Sixth Circuit Court of Appeals overturned a Federal Communications Commission (FCC) Order that had sought to preempt Tennessee’s and North Carolina’s laws restricting local municipalities’ ability to provide broadband service. The Court found that the FCC had exceeded its statutory authority by preempting state laws without clear authorization from Congress.… Continue Reading
EDITOR’S NOTE: We are excited to present this entry in our TMT2020 series, which reflects the key technology, media, and telecoms legal issues that are expected to impact today’s organizations and tomorrow’s marketplace. It also provides an opportunity to highlight contributions by TMT associates across our global offices and practice areas.
Today’s smartphones rely on mobile broadband connectivity that is … Continue Reading
Joshua Gans presented his new book, “The Disruption Dilemma“, at a seminar organized jointly by Hogan Lovells, and the Innovation and Regulation Chair of Telecom ParisTech and the Ecole Polytechnique. Gans was joined in the debate by Nicolas Curien, Professor of Economics and Commissioner at France’s audiovisual regulatory authority (CSA), Eric Paroche, competition partner at … Continue Reading
Ofcom’s announcement of plans to make Openreach a “legally separate” company within BT have been met with muted cheers from some in the telecoms world, while others caution that the proposals do not go far enough to ensure the UK gets the investment it needs.
In February of this year, the regulator set out a ten-year vision for ensuring the … Continue Reading
A non-compete obligation which is imposed on the seller in the context of a M&A transaction can be permissible when it is ancillary to the transfer of the relevant business, that is, when it is directly related and necessary to the implementation of the deal. In order to enjoy the fruits of the purchase of the transferred business, the buyer … Continue Reading
In a major victory for the Federal Communications Commission’s democratic majority, the U.S. Court of Appeals for the D.C. Circuit upheld the FCC’s 2015 Open Internet Order on June 14, 2016. The 2-1 decision by the D.C. Circuit Court of Appeals likely is not the last word on net neutrality because broadband service providers will very likely pursue rehearing from … Continue Reading