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HTMLFCC Approves Proposed Changes to Telephone Solicitation and Text Marketing Rules
Kenneth R. Florin, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
June 25, 2015, previously published on June 18, 2015
Earlier today, the Federal Communications Commission voted 3-2 along party lines to approve Commissioner Tom Wheeler's proposal to "close loopholes and strengthen consumer protection" relating to telemarketing and text message marketing. The changes are in the form of answers to several...

 

HTMLCounts v. Meriwether
Tal Dickstein, W. Allan Edmiston, David A. Grossman, Jonathan Neil Strauss, Jonathan Zavin; Loeb & Loeb LLP;
Legal Alert/Article
June 24, 2015, previously published on June 12, 2015
District court dismisses breach of contract and conversion claims in lawsuit brought by two screenwriters who alleged defendants used script to create television series "New Girl," holding breach of contract claim was time-barred and conversion claim was preempted by Copyright Act.

 

HTMLIn re DMCA Subpoena to eBay Inc.
Tal Dickstein, W. Allan Edmiston, David A. Grossman, Jonathan Neil Strauss, Jonathan Zavin; Loeb & Loeb LLP;
Legal Alert/Article
June 23, 2015, previously published on June 5, 2015
Subpoena issued to eBay pursuant to DMCA, seeking to identify alleged infringers, is deemed valid under express statutory language despite eBay’s pre-subpoena removal of allegedly infringing material in response to related DMCA notifications.

 

HTMLStaying Out of the FTC’s Data Security Cross-Hairs
Kenneth R. Florin, Ieuan Jolly, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
June 23, 2015, previously published on June 2015
As the Federal Trade Commission acknowledges in a recent blog post, no company wants to discover that its data security practices are under federal investigation. Yet any company that collects, uses or maintains consumer data could be the subject of a formal or informal investigation. And while not...

 

HTMLFTC Answers New Questions About Endorsements and Disclosures
Kenneth R. Florin, Nathan J. Hole, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
June 15, 2015, previously published on June 2015
In light of the continued expansion of digital and social media, the FTC has released updated guidance on disclosing endorser relationships. In addition to reiterating its general guidance on when and how disclosures need to be made on digital platforms and in social media, the updated FAQs cover a...

 

HTMLSponsor of Ironman Contest Agrees to Forfeit $2.7 Million in Lottery Fees
Kenneth R. Florin, Thomas P. Jirgal, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
May 25, 2015, previously published on May 2015
The U.S. Attorney's Office in Florida announced that World Triathlon Corporation (WTC) has agreed to turn over $2.7 million in lottery receipts to settle charges that the triathlon organizer engaged in illegal gambling by conducting lotteries for spaces in the Ironman World Championship contest.

 

HTMLMayimba Music, Inc. v. Sony Corporation of America
Tal Dickstein, W. Allan Edmiston, David A. Grossman, Jonathan Neil Strauss, Jonathan Zavin; Loeb & Loeb LLP;
Legal Alert/Article
May 25, 2015, previously published on April 30, 2015
District court suspends previous finding that pop star Shakira's song “Loca” infringed Dominican songwriter’s copyright, in light of newly discovered evidence that plaintiff fabricated evidence and committed perjury.

 

HTMLRetail Tracking Firm Slammed with FTC Consent Order
Kenneth R. Florin, Ieuan Jolly, David G. Mallen, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
May 19, 2015, previously published on May 2015
The Federal Trade Commission last month announced a proposed consent order settling claims against Nomi Technologies, a third-party mobile tracking service that collects data about consumers' in-store shopping behavior. The FTC's case against Nomi is significant, but not for involving a...

 

HTMLFDA Rejects Otsuka’s Assertions of Orphan Drug Exclusivity for Abilify®, Allowing Generics to Proceed
Scott S. Liebman, Mark E. Waddell; Loeb & Loeb LLP;
Legal Alert/Article
May 7, 2015, previously published on May 1, 2015
The FDA last week granted several pharmaceutical companies approval to market generic versions of the bestselling antipsychotic drug Abilify® (aripiprazole), despite the assertions of the drug’s patent-holder, the Japanese pharmaceutical company Otsuka, that the company remained entitled...

 

HTMLABA Working Group on NAD Process: Make It Even Better
Kenneth R. Florin, David G. Mallen, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
May 6, 2015, previously published on April 2015
An American Bar Association working group last week issued its report reviewing and suggesting improvements to the advertising industry's self-regulatory adjudication system. The 52-page report, "Self-Regulation of Advertising in the United States: An Assessment of the National Advertising...

 


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