AT&T

n the U.S District Court for the Northern District of Illinois, Judge Matthew F. Kennelly recently held that plaintiffs alleging price-fixing in the text messaging market were not entitled to an adverse inference after failing to prove that defendants T-Mobile and CTIA destroyed emails in bad faith. Judge Kennelly also granted the defendants’ motion for summary judgment, as plaintiffs were unable to meet the elevated pleading burden for collusion to fix prices for text messages in violation of the Sherman Antitrust Act. The plaintiffs had filed suit on behalf of customers who used pay-per-text-message services from Verizon Wireless, AT&T, Sprint, and T-Mobile.

The Wall Street Journal published an article in September 2008, titled “Text Messaging Rates Come under Scrutiny,” inspired primarily by the antitrust investigation of Senator Herbert Kohl.[1] The day the article was published, a T-Mobile employee allegedly sent the text of the article via e-mail to both Adrian Hurditch, the company’s former Vice President of Services and Strategic Pricing, and Lisa Roddy, the company’s former Director of Marketing Planning and Analysis. Hurditch and Roddy e-mailed each other about the article; however, that e-mail thread no longer exists.

double red triangle arrows Continue reading “Pursuit of a “Smoking Gun” May Be a Recipe for Disaster”

As you hopefully are aware, today is the 50th anniversary of Martin Luther King’s powerful, moving and memorable I have a dream… speech. In a just world, that speech would be in the public domain. And, legally, it might be. While King did apparently send a copy of the speech to the Copyright Office, he did so as an “unpublished work.” There has been a dispute, then, about the speech itself, since that would be a publication. His estate, however, has argued that the speech was not a “general publication,” but rather a “limited publication” and thus King retained a common law copyright — and an appeals court appeared to agree, but the lawsuit over this was settled without a final ruling, and no one has challenged it since. However, King’s estate has beenridiculously aggressive in trying to lock up his speeches and take down videos commemorating his talks, with a focus on this momentous speech.

Of course, they’re more than happy to license the speech to the highest bidder…

double red triangle arrows Continue reading “Let Freedom Ka-Ching! On The 50th Anniversary Of ‘I Have A Dream,’ AT&T Can Use The Speech To Sell Phones, But You Can’t Post It”

Andrew “weev” Auernheimer

A famed hacker, Andrew “weev” Auernheimer, was sentenced to 41 months in prison yesterday. A jury convicted Auernheimer of conspiracy and identity theft back in November stemming from his role in a scheme to snag the personal email addresses of over 114,000 iPad users, including Mayor Michael Bloomberg, Diane Sawyer, and Mayor Rahm Emmanuel.

Auernheimer argued that he acted as an uninvited “gray hat” hacker, grabbing the email addresses of customers for the sole purpose of exposing the flaws in AT&T’s security.

The sentence, at the upper end of the Guidelines range, is a far cry from the non-custodial slap on the wrist Auernheimer’s attorneys sought. There are two broad categories of response to the sentence. First, that Auernheimer is a completely terrible human being, but that his being a dick does not justify the harsh sentence. Second, that Auernheimer did not commit a real crime because he never intended to steal anyone’s identity and the Computer Fraud and Abuse Act is a bad law.

To these arguments, I reply “yes it does,” and “who cares?”

double red triangle arrows Continue reading “Internet Hacker Sentenced to Prison Garners Ill-Conceived Support”

Just as the new iPhone was announced last week, AT&T was making another, significantly less popular announcement. Although Apple will now allow iPhone owners to use FaceTime (a.k.a. the super-futuristic video phone feature) over the cellular network, instead of just WiFi, AT&T will not. Unless, of course, you buy into its new shared-data plan.

But we’re mad as hell, and we’re not going to take it any more!

This morning, Free Press, Public Knowledge, and the New America Foundation’s Open Technology Institute announced it would file a complaint with the FCC alleging AT&T has violated net neutrality rules. Let’s see the details of the complaint as well as discuss why AT&T is wrong…

double red triangle arrows Continue reading “AT&T’s New Restriction on iPhone FaceTime Gets Hit With FCC Complaint, As It Should”

* The Supreme Court will hear oral arguments on Obamacare over three days in March. Let’s fast forward to June so we can see how Election 2012 is going to turn out. [Blog of Legal Times]

* The Grinch definitely stole AT&T’s Christmas this year, and even a team of Biglaw superstars couldn’t save the day. The company’s merger deal with T-Mobile is now officially dead. [Am Law Daily]

* A bed and breakfast owner told this lesbian couple aloha before they could even say aloha, and now they’re suing. And here I thought that Hawaii specialized in tiny, gay bubbles. [Washington Post]

* James Franco doesn’t just get bad grades on Rotten Tomatoes. José Angel Santana, one of his former professors, has filed a lawsuit saying NYU fired him for giving the actor a “D.” [Reuters]

* Snooki, Jersey Shore’s drunken munchkin, is being sued for $7M over a licensing deal gone bad. The worst part is that even if she paid up, she’d still have oodles of money in the bank. [Daily Mail]

* Sick of law school? Get all of your bitching down on paper, and turn your rage-filled manifesto into a short story for submission to the JLE Legal Fiction Contest. [National Law Journal]

Downward dog... kind of.

* Protip for Mark Hansen, AT&T’s lawyer: when you want a judge to save your merger plans, it’s probably not a good idea to demand that she make a ruling by a certain date. [Businessweek]

* What’s going on in Cooley Law’s defamation suit against Rockstar05 (other than discussion of whether the school’s attorney understands the tort’s defenses)? An appeal. [Lansing State Journal]

* Getting a prep school education in New York isn’t all it’s cracked up to be. Ask Philip Culhane, Simpson Thacher partner and name plaintiff in the Poly Prep sex abuse suit. [New York Times]

* America, f**k yeah! The Texas division of the Sons of Confederate Veterans is suing the DMV over free speech rights they might not have had if they seceded from the union. [Fox News]

* Yoga guru Bikram Choudhury tried to sue his disciples for infringement of his moves, but he ended up getting it downward doggy style from the Copyright Office instead. [Bloomberg]

* “If you want a good grade, you need to have sex with me.” At the height of finals season, many law students wish this were an option, but apparently it only happens in college. [New York Post]

Kim Kardashian

* With AT&T’s T-Mobile deal falling apart, in-house lawyer Wayne Watts could be heard singing, “it’s my merger and I’ll cry if I want to,” before more whining to the FCC. [DealBook / New York Times]

* Build us a border fence, and then get the f**k over it. Arizona lawmakers are soliciting the public for donations to keep out the people who would work at low cost to build it. [New York Daily News]

* Ever wonder what’s preventing greater diversity in the law? Apparently the problem is pre-law counselors with advising skills that are crappier than minority LSAT scores. [National Law Journal]

* ‘Til death (and billable hours) do us part: British firms are paying for employees’ divorces. Biglawyers await the day this gets picked up America. [Press Association]

* The star of this year’s Black and Blue Friday was the not-so-wise Latina who decided it was a good idea to pepper-spray her Xbox competition. Best deal ever? No charges brought. [CNN]

* It looks like Kim Kardashian got her Christmas wish early this year. Her soon-to-be ex-husband will not be suing her for $10M over his portrayal on her new reality show. [Seattle Post-Intelligencer]

'But I'm too pretty to go to jail.'

* The AT&T/T-Mobile antitrust suit is so big that not even Big Government law can handle it. The DOJ is bringing in even bigger guns with a partner from Biglaw firm Munger Tolles. [Bloomberg]

* Obama has nominated former Kozinski clerk, Paul Watford, to the Ninth Circuit. Way to go, because he’s kind of cute. Isn’t that what everyone looks for in a federal judge? [San Francisco Chronicle]

* Is Paul Ceglia’s Facebook lawsuit completely doomed? His own lawyer, Jeffrey Lake, wants to defriend him. This will be the fourth firm to dump Ceglia as a client. [Wall Street Journal]

* Blind item: which Hollywood actress is suing IMDb for $1M for revealing her true age? And we say “true age” because everyone knows that Botox knocks a few years off your face. [Reuters]

* Lindsay Lohan is due in court today for a progress report hearing, and prosecutors want to throw her in jail. Hope she’s been brushing up on her acting skills. [New York Daily News]

* Cry me a river? A Florida lawyer will be arguing before the state Supreme Court this winter over his First Amendment right to blast Justin Timberlake from his car stereo. [NBC Miami]

* Police suspect that a client may have been the one to plant a bomb in attorney Erik G. Chappell’s car. Stay far away from family law, folks. [New York Daily News]

* “How come there’s not a school where people can go if they want to become trial lawyers?” How come you don’t know we already have 200 other law schools? [National Law Journal]

* I hope they signed a prenup, because AT&T and T-Mobile have added two more firms to their huge Biglaw wedding party — O’Melveny and Kellogg Huber. [Am Law Daily]

* “A lawsuit has been filed . . . by a female law clerk who alleges that [a] judge slapped her in the buttocks with a legal file.” And Lat wonders why law clerks hate their jobs. [Billings Gazette]

* LiLo may be behind on her court-ordered service hours, but surely she should be credited for the community service of wearing low-cut tops. [New York Post]

* Ninth Circuit Judge Pamela Rymer, RIP. [San Francisco Chronicle]

* It took SCOTUS more than four hours to write one sentence. But oh, to be a fly on the wall last night when they decided to deny a stay of execution for Troy Davis. [New York Times]

* AT&T wants to take the DOJ’s antitrust case to trial. This must be some sort of a joke, but the only punchline I can think of is the company’s crappy wireless network. [Bloomberg]

* Court-clogger or pocket-stuffer: Andrew Cuomo is debating signing a bill that could put more money into the hands of class action attorneys. [Thomson Reuters News & Insight]

* GW Law ex-adjunct Richard Lieberman was disbarred this week. What is with all of these lawyers who try to seduce minors online? Such a weird casualty of this profession. [National Law Journal]

* Because Chanel No. 399 just doesn’t sound as classy as Chanel No. 5, the company has filed a massive trademark infringement lawsuit against nearly 400 defendants. [ABC News]

* Memo to our readers: You know our exploding car thing was just a caption contest, right? We weren’t anticipating a real life lawyer car bombing. [Forbes]

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