The John Minor Wisdom courthouse, home of the U.S. Court of Appeals for the Fifth Circuit, in New Orleans. Photo: Tim Roller 5th Circuit Seems Skeptical of FCC Telecom Fund's Constitutionality
The appeals court weighed whether Congress unconstitutionally delegated its revenue-raising authority.
September 19, 2023 at 03:30 PM
3 minute read
Constitutional Law
Several judges on the U.S. Court of Appeals for the Fifth Circuit seemed receptive to arguments that a Federal Communications Commission-managed program to fund telecom services for low-income individuals is unconstitutional.
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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