Defendant Hytera Communications is asking the U.S. District Court for Northern Illinois in Chicago to do what “no court has ever done,” and overrule a grand jury’s “probable cause finding” and dismiss its indictment for the government’s failure to present evidence of trade secrets, said the government’s opposition Friday (docket 1:20-cr-00688) to Hytera’s Jan. 11 motion (see 2401220002).
Communications Litigation Today is tracking the below lawsuits involving appeals of FCC actions. Cases marked with an * were terminated since the last update. Cases in bold are new since the last update.
Two plaintiffs filed notices of opposition to conditional transfer order 27 (CTO-27) in In Re: MOVEit Customer Data Security Breach Litigation (docket 3083) Friday, and three defendants opposed plaintiffs’ motions to vacate CTO-23 Wednesday, said filings before the Judicial Panel on Multidistrict Litigation (JPML) involving the Progress Software Corp. (PSC) MOVEit file transfer software data breach in May.
The FCC Enforcement Bureau should change tactics to avoid the risk of targets making an end run around its processes by taking advantage of recent U.S. Supreme Court decisions to drag the agency into litigation, said former FCC General Counsel Tom Johnson in a white paper sponsored by CTIA and published Monday by Wiley, where he's a partner.
SolarWinds and Tim Brown, its chief information security officer, seek the dismissal of the SEC’s fraud complaint arising from the December 2020 Sunburst cyberattack waged by the Russian government. The case is “fundamentally flawed,” said their memorandum of law Friday (docket 1:23-cv-09518) in U.S. District Court for Southern New York in Manhattan in support of their motion to dismiss.
Instacart’s document offerings for its initial public offering in September were “negligently prepared” and contained “untrue” or “omitted” statements, plaintiff Andy Stephens claimed in a class action (docket 5:24-cv-00465) against Instacart and 11 executives and directors Thursday in U.S. District Court for Northern California in San Jose.
The Center for Renewing America views HB-20, the Texas social media law, “as an important step in preserving free speech in America,” aid the group's U.S. Supreme Court amicus brief Thursday (docket 22-555) in support of the statute and Texas Attorney General Ken Paxton (R). The center’s founder, Russ Vought, was OMB director under President Donald Trump.
A three-judge panel from the U.S. Court of Appeals for the D.C. Circuit pressed Consumers' Research Friday on its challenge of the FCC's Q2 2023 USF contribution factor (case 23-1091). During oral argument, judges also questioned the group and the FCC about Universal Service Administrative Co. calculations to determine quarterly factors and definition of universal service (see 2401100044).
U.S. District Judge Brett Ludwig for Eastern Wisconsin granted the motion of Milwaukee’s Deer District to intervene to prevent Verizon's installation of small cells and mounting poles for July’s Republican National Convention in the public pedestrian plaza the district controls outside the Fiserv Forum (see 2401230017), said his signed order Wednesday (docket 2:23-cv-01581).
Four plaintiffs pounced last week on news of a data breach that mortgage lender loanDepot announced this month, filing negligence class actions in U.S. District Court for Central California in Santa Ana over the breach that exposed the personally identifiable information (PII) of 16.6 million customers.