May 30, 2013

A Jenner & Block team won a victory for client Embarq Management Co. when the U.S. Supreme Court declined to hear a putative class action suit against the Internet service provider.  Two plaintiffs alleged that, in 2009, Embarq diverted nearly all Internet communications of roughly 26,000 customers in Kansas to an online advertiser that, they complained, paid for the data so it could be analyzed to deliver ads to users’ browser screens.  Last year, the U.S. Court of Appeals for the Tenth Circuit affirmed a Kansas federal court’s dismissal of the suit.  On Tuesday, the Court denied the plaintiffs’ writ of certiorari.  The team representing Embarq includes Partners David A. Handzo and Matthew S. Hellman and Associate Matthew E. Price.  News of the Court’s decision was covered by Law360.