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HTMLYahoo! Unhappy With TCPA Ruling; Seeks Reconsideration
Scott A. Shaffer; Olshan Frome Wolosky LLP;
Legal Alert/Article
March 18, 2014, previously published on March 6, 2014
In Sherman v. Yahoo! Inc., decided on February 3, 2014 in the Southern District of California, Yahoo! failed to convince the court that a lawsuit against it should fail because Yahoo! did not use an Automatic Telephone Dialing System (ATDS) to send text messages, as that term is defined under the...

 

HTMLFTC Settlement Highlights Lead Generation "Warning Signs"
Ellen Traupman Berge, Jonathan L. Pompan; Venable LLP;
Legal Alert/Article
March 14, 2014, previously published on March 12, 2014
A Federal Trade Commission (FTC) settlement with a lead buyer highlights the potential pitfalls with using lists from lead generators without considering how the lists were compiled or the requirements under the Telemarketing Sales Rule (TSR). For lead generators, the settlement also provides a...

 

HTMLMy Brother’s TCPA Keeper? Recent Cases Highlight Third-Party Risk Under the Telephone Consumer Protection Act
Wilson G. Barmeyer, Keith J. Barnett, Thomas M. Byrne, Amanda R. Callais, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 12, 2014, previously published on March 11, 2014
Early 2014 has produced a series of court decisions highlighting third-party liability issues under the Telephone Consumer Protection Act (TCPA). In February, the U.S. Supreme Court declined to hear a case about liability for junk faxes made by an alleged agent, and other recent cases have...

 

HTMLOn Deck, Telemarketing Sales Rule Regulatory Review
Jonathan L. Pompan; Venable LLP;
Legal Alert/Article
March 12, 2014, previously published on March 11, 2014
The Federal Trade Commission (“FTC”) recently announced that it intends to begin review of, and solicit comments on the Telemarketing Sales Rule (“TSR”). The opportunity to provide comments will be a significant opportunity for marketers to weigh-in on one of the FTC’s...

 

Adobe PDFReality TV Publicity For Your Business Venture? Beware the Release You Are Required to Sign
Jessica Freiman, Kym Stasiuk; Blaney McMurtry LLP;
Legal Alert/Article
March 10, 2014, previously published on March 2014
It is tempting for a small business to sign up to be on a reality TV competition.

 

HTMLKeeping It Clean: FDA Proposes New Food Transportation Rule
Ashley W. Craig, Todd A. Harrison, Claudia A. Lewis, Elizabeth K. Lowe, Matthew R. Rabinowitz; Venable LLP;
Legal Alert/Article
March 10, 2014, previously published on February 2014
The US Food and Drug Administration (FDA) recently announced that it will publish the Sanitary Transportation of Human and Animal Food Proposed Rule after hosting a series of public meetings. This proposed rule will be the seventh and final rule under the FDA Food Safety Modernization Act (FSMA)...

 

HTMLMichael Jordan Permitted to Pursue Right of Publicity Claim
Barry M. Benjamin, Tywanda Harris Lord, Laura C. Miller, Jeremy A. Schachter, James A. Trigg; Kilpatrick Townsend & Stockton LLP;
Legal Alert/Article
March 10, 2014, previously published on February 27, 2014
Michael Jordan successfully won reversal of a lower court decision dismissing his right of publicity claim against Jewel Food Stores, permitting his claim to move forward. It’s not like winning the championship game, but it does make Mr. Jordan the favorite as he continues this fight.

 

HTMLFDA Expands and Clarifies Its Good Reprint Practices Guidance
Joseph W. Cormier, Anne K. Walsh; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
March 6, 2014, previously published on March 2, 2014
It was a big day in January 2009 when FDA finally issued guidance for manufacturers governing the distribution of medical journal articles and reference publications. While some guidance was better than no guidance, FDA received several comments asking for clarification on how the principles...

 

HTMLFTC Chops 'Green' Plastic Lumber Claims and Diaper Claims That Fail to 'Pass the Smell Test'
Justin J. Prochnow; Greenberg Traurig, LLP;
Legal Alert/Article
March 4, 2014, previously published on February 28, 2014
On October 1, 2012, the Federal Trade Commission (“FTC”) issued a revised version of its “Guides for the Use of Environmental Claims,” better known to many as the “Green Guides,” which describe the types of environmental claims that the FTC may find deceptive...

 

HTMLComity and Commonality: A Tale of Two Identical Class Actions Brought By Forum-Shopping Plaintiffs’ Counsel
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 26, 2014, previously published on February 19, 2014
In Murray v. Sears, Roebuck and Co., No. C 09-5744, 2014 WL 563264 (N.D. Cal. Feb. 12, 2014), the U.S. District Court for the Northern District of California denied a motion for class certification that was practically identical to a motion brought in the U.S. District Court for the Northern...

 


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