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HTMLCourt Upholds City's Ability to Regulate an Advertising Sign After Finding the City's Decision was Supported by Substantial Evidence
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
March 25, 2014, previously published on March 19, 2014
After over 35 years of advertising its business with a 35 foot pole sign, the Court of Appeal agreed with the City of West Sacramento that the time had come for U-Haul to reduce the sign's height to 12 feet in compliance with a local ordinance. U-Haul contended that Business and Professions Code...


HTMLMaryland District Court Grants Summary Judgment for Defendant-Insurer in Personal and Advertising Injury Coverage Case
Jhanelle A. Graham; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
March 24, 2014, previously published on March 2014
All Class Construction, LLC v. Mutual Benefit Ins. Co. was a case brought originally in Maryland state court and removed, on the basis of diversity, to the United States District Court for the District of Maryland. Plaintiffs All Class Construction, LLC (“All Class”), William Chaffman,...


HTMLNAD Advertising Policy Purposefully Differs from FTC Legal Standards for Substantiation
A. Wes Siegner; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
March 19, 2014, previously published on March 16, 2014
Does meeting the FTC legal standard for claim substantiation protect claims from action by the National Advertising Division (“NAD”)? If you think the answer should be “yes,” read on.


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...


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...


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...


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.


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)...


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