Technology
Overview
Companies across industry sectors and markets, with operational models ranging from the traditional to the disruptive are navigating and taking advantage of the rapidly-evolving areas of their business that are affected – and increasingly transformed – by technology and innovation. Crowell & Moring's technology practice assists clients at the convergence of law, technology, and business to better position for competitive advantage, growth and to mitigate risk in this dynamic environment.
Contact
Insights
Client Alert | 4 min read | 11.09.26
CMS Finalizes Its 2026 Organ Procurement Organization Rule
On November 3, 2026, the Centers for Medicare and Medicaid Services (CMS) finalized a follow-up to its 2020 final rule governing conditions of participation for organ procurement organizations (OPO). CMS’s final rule in 2020 set forth outcome measures for OPOs. The latest final rule further cements the new rating structure that will determine which of the 55 OPOs will be recertified at the end of the current cycle. The final rule largely tracks CMS’s proposed rule, which we discuss here, with the following notable exceptions:
Client Alert | 4 min read | 11.09.26
Pentagon Oversight: Defense Companies Should Prepare for the Next Congress
Blog Post | 11.03.26
State AG News: Deceptive Practices, Pricing, Fintech (October 22-28, 2026)
Representative Matters
- Fiber optic right-of-way class actions. We serve as national coordinating counsel for a major transportation company in a series of class action lawsuits in 30 states against railroads and telecommunications companies seeking damages as the result of the installation of fiber optic cable on railroad right-of-way.
- Cellular phone late fee class litigation. Crowell & Moring represents a leading telecommunications company in a series of consumer class actions filed in Maryland state court alleging excessive late fees for billing payments. We have taken the lead in organizing a joint defense group of cable-wireless, and other communications company defendants sued in similar lawsuits.
- Copper pricing antitrust litigation. Crowell & Moring is pursuing a major action on behalf of a group of 23 indirect copper buyers, including telecommunications companies, alleging worldwide price manipulation by a copper broker.
- Achieved dismissal of qui tam case brought by DCAA auditors based on information they obtained in the course of their own audit. Wercinski v. IBM, 982 F.Supp. 449 (S.D. Texas 1997).
- Successfully represented AOL in first Internet monopolization case involving on-line access and marketing of computer games, and prosecution of counter claims involving theft of proprietary assets.
- Constitutional challenge to the Federal Communication Act of 1996. We obtained a landmark decision from the Texas District Court holding the provisions of the Act that singled out a named group of Bell Operatings Companies to be unconstitutional under the little-used Bill of Attainder Clause. The Fifth Circuit reversed 2-1, however, over a lengthy dissent.
- Federal District Court suit to prevent use of infringing domain name. We successfully brought a quick end to use of a name that infringed our client's registered trademark, in a settlement that included payments covering attorneys fees. We represented a coalition of broadcast and telecommunications industry associations in supporting the FCC's successful defense of its radiation hazard rules for radio frequency licensees in the US Second Circuit Court of Appeals.
- In a six-month arbitration hearing, obtained a $35 million copyright royalty award for a coalition of U.S. commercial television stations, and protected the award on appeal.
- Obtained an ASBCA decision that government diversion of radios from one foreign customer to another constituted a "constructive change," entitling the contractor to the difference between the contract price and the price for which the radios would have been sold directly. E-Systems, Inc., ASBCA No. 21091, 82-1 BCA 15,774.
- Defended company and individuals in ten-day jury trial, after which case settled for nuisance value. United States ex rel. Carpenter et al v. Harris Corp. (E.D. Va No. 98-1727A)
- Grupo Sistemas Interegrales de Telecomunicacion S.A. de C.V. v. AT&T Communications, Inc. 1996 (WL 312535 (S.D.N.Y. June 10, 1996) Successful defense of US company from claims of breach of contract and fraud arising from sale of satellite communications equipment to a foreign corporation.
Contact
Insights
Client Alert | 4 min read | 11.09.26
CMS Finalizes Its 2026 Organ Procurement Organization Rule
On November 3, 2026, the Centers for Medicare and Medicaid Services (CMS) finalized a follow-up to its 2020 final rule governing conditions of participation for organ procurement organizations (OPO). CMS’s final rule in 2020 set forth outcome measures for OPOs. The latest final rule further cements the new rating structure that will determine which of the 55 OPOs will be recertified at the end of the current cycle. The final rule largely tracks CMS’s proposed rule, which we discuss here, with the following notable exceptions:
Client Alert | 4 min read | 11.09.26
Pentagon Oversight: Defense Companies Should Prepare for the Next Congress
Blog Post | 11.03.26
State AG News: Deceptive Practices, Pricing, Fintech (October 22-28, 2026)
Insights
EV charging stations & connectors: the importance of design patents
|11.15.24
EV Design & Manufacturing
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06.15.23
Government Contracting Law Report
Why Hermès’ MetaBirkins Lawsuit Has High Stakes for Brands and Creators
|07.28.22
Business of Fashion
"Privacy & Data Protection for Nonprofits: A Guide to Navigating Privacy Laws," Justice and Diversity Center of the Bar Association of San Francisco
|07.29.26
Professionals
Insights
Client Alert | 4 min read | 11.09.26
CMS Finalizes Its 2026 Organ Procurement Organization Rule
On November 3, 2026, the Centers for Medicare and Medicaid Services (CMS) finalized a follow-up to its 2020 final rule governing conditions of participation for organ procurement organizations (OPO). CMS’s final rule in 2020 set forth outcome measures for OPOs. The latest final rule further cements the new rating structure that will determine which of the 55 OPOs will be recertified at the end of the current cycle. The final rule largely tracks CMS’s proposed rule, which we discuss here, with the following notable exceptions:
Client Alert | 4 min read | 11.09.26
Pentagon Oversight: Defense Companies Should Prepare for the Next Congress
Blog Post | 11.03.26
State AG News: Deceptive Practices, Pricing, Fintech (October 22-28, 2026)
Contact
Insights
Client Alert | 4 min read | 11.09.26
CMS Finalizes Its 2026 Organ Procurement Organization Rule
On November 3, 2026, the Centers for Medicare and Medicaid Services (CMS) finalized a follow-up to its 2020 final rule governing conditions of participation for organ procurement organizations (OPO). CMS’s final rule in 2020 set forth outcome measures for OPOs. The latest final rule further cements the new rating structure that will determine which of the 55 OPOs will be recertified at the end of the current cycle. The final rule largely tracks CMS’s proposed rule, which we discuss here, with the following notable exceptions:
Client Alert | 4 min read | 11.09.26
Pentagon Oversight: Defense Companies Should Prepare for the Next Congress
Blog Post | 11.03.26
State AG News: Deceptive Practices, Pricing, Fintech (October 22-28, 2026)
