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Documents on communications law
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|Too Many Tweets May Make a Twit|
Amber Melville-Brown; Withers Bergman LLP;
November 25, 2014, previously published on October 21, 2014Jack 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...
|Southern 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;
November 21, 2014, previously published on October 24, 2014In 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...
|California's Call Recording Class Actions: Upping the Game for Class Action Plaintiffs|
Paul M. Kakuske, Joel D. Siegel; Dentons Canada LLP;
November 19, 2014, previously published on October 9, 2014In 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...
|FCC Radio Licenses: Saving Paper Doesn't Change Notice Requirements|
James R. Hobson; Best Best & Krieger LLP;
November 8, 2014, previously published on October 16, 2014Many 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...
|Illinois Allows Intermediate Carrier to Source International Telecommunications Receipts Based on Its Property Factor|
Andrew D. Appleby, Derek Takehara; Sutherland Asbill & Brennan LLP;
November 3, 2014, previously published on October 17, 2014The 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...
|California Adds More Teeth to Its Data Breach Notification Law|
Gabriel Ledeen, Michael G. Morgan, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
October 16, 2014, previously published on October 2014On 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...
|FDA: 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;
October 16, 2014, previously published on October 2014On 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...
|FTC Updates Its Mail Order Rule|
Kenneth R. Florin, James D. Taylor; Loeb & Loeb LLP;
October 15, 2014, previously published on October 2014The FTC's "Mail Order Rule" is now the "Mail, Internet, or Telephone Order Merchandise Rule" (16 CFR Part 435).
|Eleventh 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;
October 9, 2014, previously published on October 7, 2014The 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.,...
|FCC Considers Banning Redskins|
McDonald Hopkins LLC;
October 8, 2014, previously published on October 3, 2014Another 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...