Digicel|UPM Case: A two-stage trial has been rescheduled following the filing of a complaint in the United States on September 14.

Saturday, September 17, 2022 ((rezonodwes.com)) –

The case underlines the opposition of the US company UPM Technology to Unigestion Holding SA (Digicel -Haiti), Haiti’s first telecom operator in 2015. The state of Oregon has been notified for telephone fraud (By Passing) by bypassing traffic from the US to Haiti.

compared to the first phase of this trial In a trial held in the United States, U.S. Judge Michael H. Simon said, “The only question of relevance is whether UPM Technology used HBS (Human Behavior Software) to engage in an active cover-up and whether it Whether the active cover-up caused damage to Digicel.Haiti and, if so, the amount of such damage”.

However, UPM requests that the court dismiss these charges. cover-up fraud Digicel-Haiti’s

(1) Digicel-Haiti has no evidence of damages based on UPM’s misrepresentation;

(2) There is no evidence of damage if misrepresentation was relied upon.

(3) Damage estimates claimed by Digicel-Haiti are pure speculation.

(4) UPM’s alleged use of Human Behavior Software (“HBS”) in connection with the “Roaming Like Home” (RLYH) service, in UPM’s opinion, cannot constitute fraud and therefore no claim for damages. cannot be proved.

Further, as set forth in the September 14, 2022 Oral Argument Record, pursuant to the Oregon Court’s administrative order, the Court has established a disclosure schedule as follows:

1- additional preliminary documents Phase 1 Applicant (Digicel -Haiti) at the latest October 4, 2022 ;

(2) The second set of pre-trial documents— October 11, 2022.

(3) The third set of pretrial documents— October 18, 2022 ; When

(4) The fourth set of pretrial papers must be submitted at the latest October 25, 2022.

In the second phase of this trialUPM Techchology has filed various accusations against Digicel-Haiti in response to Digicel-Haiti’s accusations, so it is a question of knowing whether American telecommunications laws apply to Digicel-Haiti’s activities in the United States. . It seeks damages of US$50 million for violating the provisions of the US Telecommunications Act.

However, in the face of such accusations, Digicel-Haiti’s Defense Council presented the following five arguments to the American courts.

1. Digicel Haiti is not a common carrier under the law and has the right to enter summary judgment on all claims of UPM under the Communications Act.

2. Digicel Haiti is not a US general carrier as it does not serve the public in the US.

3. Neither the Communications Act nor FCC rules consider the provision of roaming services by foreign carriers to subscribers visiting the United States to be a resale of international telecommunications services to the United States.

4. Fraudulent and unauthorized use of Digicel-Haiti SIM cards by UPM in violation of Digicel Haiti’s terms and conditions does not create an offer or obligation to provide general carrier resale services in the United States.

5. Even if Digicel Haiti is considered a US general carrier, the termination of SIM cards fraudulently used by UPM in violation of Digicel Haiti’s terms of service is subject to Section 201(b) of US law. or does not violate 202.

However, the US court ordered Digicel-Haiti and UPM to be prepared to answer the following questions as “homework” for both parties.

  1. Is Digicel Group Limited’s Form F-1 declaration filed with the court by UPM acceptable as Digicel-Haiti’s declaration (why or why not)?
  2. Where permissible, this statement is by itself a statement that Digicel-Haiti’s communications activities in the United States are not limited to physical connections with US carriers for purposes of Section 152(b) of the Telecommunications Act. );
  3. If that’s not enough, do you have any additional evidence on this point?

In connection with this (second) phase of the trial, following requests from both parties, the home country court has decided to change the schedule for pretrial briefings and “hearing” dates as follows: .

  • UPM documentation for Phase 2 of this trial will be available at the latest September 30, 2022 ;
  • Digicel-Haiti’s materials relating to the second stage of this litigation, and UPM’s challenge to the second stage materials, will be filed at the latest October 11, 2022 ;
  • Documents corresponding to UPM Phase 2 must be submitted in advance. October 17, 2022 ;
  • Digicel-Haiti Phase 2 Response Trial Documents, Joint Progress Reports, Joint Neutrality Statements, Provisions and Impeachment Evidence and Witnesses, at the latest October 21, 2022 ;
  • The pretrial conference scheduled for October 21, 2022 has been canceled and will reschedule for October 28, 2022 at 10:00 AM in Courtroom 15B.When
  • 5 days jury trial set November 14, 2022 The previous setting remains.

Finally, in a litigation session on Sept. 14, held by Judge Michael H. Simon, Digisel Haiti attorneys (Robert CL Vaughan, Kent D. Bressey, Sherine Smith Valblanc, Anisha Note that Karla Achaner, Anne M. Talcott) and lawyers were present. For UPM Technology (Christopher W. Savage, Blake Van Zile, and Eleanor A. DuBay), the Oregon Court has scheduled a Daubert Hearing (Rule of Evidence Regarding Admissibility of Expert Witness Testimony). October 27, 2022 11:00 a.m. in courtroom 15B.

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