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|“Objectively Reasonable” and Privacy: Recent Developments|
Roland Hung, Kimberly Macnab; McCarthy Tétrault LLP;
September 26, 2014, previously published on September 16, 2014The ubiquitous and rapidly-evolving nature of technology has recently necessitated serious consideration of our “reasonable expectation of privacy.” This concept is at the core of Canadian privacy law. In particular, the concept is a key part of the Charter test for s. 8, the right to...
|FCC Sets Deadline for and Narrows Scope of Special Access Mandatory Data Collection|
Russell M. Blau, Joshua M. Bobeck, Eric J. Branfman, Tamar E. Finn, Andrew D. Lipman; Bingham McCutchen LLP;
September 25, 2014, previously published on September 18, 2014On Monday, September 15, 2014, the FCC’s Wireline Competition Bureau (“WCB”) issued a Reconsideration Order revising the mandatory data collection in the special access proceeding based on concerns raised by the Office of Management and Budget (“OMB”). In this Order,...
|Eleventh Circuit Hears Oral Argument in Landmark TCPA Case|
Michael C. Lueder; Foley & Lardner LLP;
September 23, 2014, previously published on September 22, 2014Industry now waits as the Eleventh Circuit considers whether to overturn a Florida district court decision rejecting the Federal Communications Commission’s definition of prior express consent under the Telephone Consumer Protection Act. On September 18, 2014, the United States Court of...
|Overview of Certain Middle and Lower Middle Market Credit Trends|
Joseph W. Price; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 22, 2014, previously published on September 2014With heavier competition for bigger deals, larger private equity sponsors have increasingly turned to the middle market as a source for new acquisitions. In connection with this trend, certain large-cap deal terms have migrated into the middle and lower middle market debt financing arena. For...
|Breaking News: The COPPA Enforcement Actions are Here!|
Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 19, 2014, previously published on September 17, 2014As we predicted in prior blog posts, the Federal Trade Commission has begun its vigorous enforcement of the Amended COPPA Rule. And one of the players is not a child-related site, so read on. The Commission just announced that online review site Yelp, Inc. (“Yelp”) and mobile app...
|NIST Issues Draft Report Enumerating Risks and Protections to Consider When Evaluating Mobile Apps for Your Enterprise|
Stephanie D. Willis; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 19, 2014, previously published on September 12, 2014As the world recovers from the excitement leading up to Tuesday’s Apple Live Event announcement of the new iPhone 6 and Apple Watch, mobile app developers are chomping at the bit to create software that leverages the new operating system and Apple’s widely-anticipated...
|Are You Ready? The EU “Cookie Sweep” is Upon Us|
Ieuan Jolly; Loeb & Loeb LLP;
September 19, 2014, previously published on September 2014This week, European authorities will be conducting a "cookie sweep" consisting of random checks of websites to ensure that they are complying with European Union (EU) "cookie" laws.
|Senate Commerce Committee Releases Revised Draft of Legislation Extending STELA and Making Other Changes to the Communications Act|
Seth A. Davidson, Arthur H. Harding; Edwards Wildman Palmer LLP;
September 18, 2014, previously published on September 15, 2014Senators Rockefeller (D-WV) and Thune (R-SD), the chairman and ranking member of the Senate Committee on Commerce, Science and Transportation, have released a revised version of S. 2799, the “Satellite Television Access and Viewer Rights Act” (STAVRA). The full committee is scheduled to...
|The Energy Industry Deserves Adequate Spectrum Resources|
C. Douglas Jarrett, Gregory E. Kunkle, Jack Richards, Wesley K. Wright; Keller and Heckman LLP;
September 18, 2014, previously published on September 15, 2014Electric utilities, oil and gas companies, and others in the energy industry rely on a variety of communications systems authorized by the Federal Communications Commission to meet their internal wireless communications requirements. In light of the critical nature of their services, they must...
|What the House of Lords Report on Social Media Offences Means for Your Website|
Alex Henderson, Samuel Oustayiannis, Ingrid Silver; Dentons Canada LLP;
September 17, 2014, previously published on September 8, 2014In July 2014, the House of Lords Communications Committee (the Committee) published a report to inform and stimulate discussion on how the law should respond to offences committed using social media (the Report). The Report is particularly relevant to companies who operate websites with...