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Documents on communications law
 

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HTMLToo Many Tweets May Make a Twit
Amber Melville-Brown; Withers Bergman LLP;
Legal Alert/Article
November 25, 2014, previously published on October 21, 2014
Jack Dorsey christened as ‘Twitter’ the product he created to provide ‘a short burst of inconsequential information’. To its detractors, the website lives up to its name by providing a platform for millions of users to talk about what they are having for lunch or what nail...

 

HTMLSouthern District of New York Holds That Aereo is Not Eligible for the Cable Compulsory License; Grants Preliminary Injunction
Seth A. Davidson, Arthur H. Harding, Glenn G. Pudelka; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 21, 2014, previously published on October 24, 2014
In the latest, but not unexpected, development in the ongoing Aereo saga, the United States District Court for the Southern District of New York has rejected Aereo’s contention that it is a “cable system” eligible for the Copyright Act’s cable compulsory license and has...

 

HTMLCalifornia's Call Recording Class Actions: Upping the Game for Class Action Plaintiffs
Paul M. Kakuske, Joel D. Siegel; Dentons Canada LLP;
Legal Alert/Article
November 19, 2014, previously published on October 9, 2014
In recent years, the California Invasion of Privacy Act (CIPA) (Cal. Penal Code §§ 630-637.5) has spurred class action litigation related to the monitoring and recording of customer calls. The defendants in these actions are typically customer facing companies that routinely record...

 

HTMLFCC Radio Licenses: Saving Paper Doesn't Change Notice Requirements
James R. Hobson; Best Best & Krieger LLP;
Legal Alert/Article
November 8, 2014, previously published on October 16, 2014
Many municipal governments and special districts, especially public safety departments, hold radio licenses or antenna structure permits from the Federal Communications Commission. The FCC is proposing to save paper and staff time by making the authorizations stored on agency databases...

 

HTMLIllinois Allows Intermediate Carrier to Source International Telecommunications Receipts Based on Its Property Factor
Andrew D. Appleby, Derek Takehara; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
November 3, 2014, previously published on October 17, 2014
The Illinois Department of Revenue determined that a wholesale distributor of international telecommunications services could source its long-distance telephone receipts based on its Illinois property factor. The taxpayer, an intermediate international telecommunications carrier, owned and rented...

 

HTMLCalifornia Adds More Teeth to Its Data Breach Notification Law
Gabriel Ledeen, Michael G. Morgan, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On September 30, 2014, California's Governor Brown signed A.B. 1710, a bill establishing new requirements under California's data breach notification statute. The new law adds three provisions to the existing statute, California Civil Code section 1798.81.5: (i) it prohibits the sale, advertisement...

 

HTMLFDA: Industry Must Address Cybersecurity Risks for Medical Devices.
Theodore P. Augustinos, Sharon A. Blinkoff, Ellen Marie Giblin, Mark E. Schreiber, David S. Szabo; Edwards Wildman Palmer LLP;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On October 1, 2014 the U.S. Food and Drug Administration finalized guidance on recommendations to manufacturers for managing cybersecurity risks to better protect patient health and information. The purpose of the guidance is to encourage manufacturers to consider possible cybersecurity risks while...

 

HTMLFTC Updates Its Mail Order Rule
Kenneth R. Florin, James D. Taylor; Loeb & Loeb LLP;
Legal Alert/Article
October 15, 2014, previously published on October 2014
The FTC's "Mail Order Rule" is now the "Mail, Internet, or Telephone Order Merchandise Rule" (16 CFR Part 435).

 

HTMLEleventh Circuit Reverses Outlier Decision on TCPA Prior Express Consent Standard
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 9, 2014, previously published on October 7, 2014
The U.S. Court of Appeals for the Eleventh Circuit has clarified the standard for “prior express consent” under the Telephone Consumer Protection Act (TCPA) in a September 29, 2014 decision reversing an outlier ruling by a lower court. In Mais v. Gulf Coast Collection Bureau, Inc.,...

 

HTMLFCC Considers Banning Redskins
McDonald Hopkins LLC;
Legal Alert/Article
October 8, 2014, previously published on October 3, 2014
Another federal agency may be preparing to weigh in on the on-going debate about the name of the National Football League franchise based in Washington, D.C. Just months after the Patent and Trademark Office canceled the team’s trademark; the Federal Communications Commission is weighing...

 


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