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|Ninth Circuit Thinks Inside the Bun, Applies Traditional Agency Principles To Dismiss Putative TCPA Class Action Claims Against Taco Bell Corp.|
J. Aaron George, Paul A. Werner; Sheppard, Mullin, Richter & Hampton LLP;
July 24, 2014, previously published on July 17, 2014In Thomas v. Taco Bell Corp., No. 12-56458 (9th Cir. July 2, 2014) the Ninth Circuit Court of Appeals recently held that Taco Bell, one defendant in a putative class action lawsuit alleging violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, could not be...
|Comments Due August 25 on Comcast-Time Warner Cable-Charter Merger/Spin Off Transactions|
Gail A. Karish, Joseph Van Eaton; Best Best & Krieger LLP;
July 21, 2014, previously published on July 15, 2014Last week the FCC made two important announcements concerning its review of the applications filed for approval of the Comcast - Time Warner Cable - Charter cable merger and spin off transactions, and at the same time the agency formally started the time clock running on its review. The FCC...
|Ninth Circuit Dismisses Privacy Action Against Zynga and Facebook|
Morris Polich Purdy LLP;
July 17, 2014, previously published on July 8, 2014On May 8, 2014, the Ninth Circuit Court of Appeals dealt a blow to plaintiffs alleging privacy violations by Facebook and Zynga Game Network (a social gaming company). In In re: Zynga Privacy Litigation, 750 F.3d 1098 (9th Cir. 2014), the court upheld the dismissal of a purported class action in...
|ITC Issues Public Version of Opinion Regarding $6.2 Million Dollar Civil Penalty for Consent Order Violation in Certain Two-Way Global Satellite Communication Devices (337-TA-854)|
Lisa M. Mandrusiak, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
July 11, 2014, previously published on July 9, 2014On July 2, 2014, the International Trade Commission (“the Commission”) issued the public version of its opinion in the enforcement proceeding in Certain Two-Way Global Satellite Communication Devices, System and Components Thereof (Inv. No. 337-TA-854) determining to impose a civil...
|The Fight Against Cybercrime: A Major Issue for European Companies|
Emmanuel Baud, Bénédicte Graulle; Jones Day;
July 11, 2014, previously published on July 2014The fight against cybercrime constitutes an economic and legal challenge for companies. The digital revolution and the development of new technologies have significantly increased the risks to which companies are now exposed. Furthermore, the amount of damages caused by cyberattacks has literally...
|ALJ Lord Grants Motion to Terminate Investigation as To Garmin in Certain Navigation Products (337-TA-900)|
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
July 11, 2014, previously published on July 8, 2014On June 30, 2014, ALJ Dee Lord issued Order No. 23 in Certain Navigation Products, Including GPS Devices, Navigation and Display Systems, Radar Systems, Navigational Aids, Mapping Systems and Related Software (Inv. No. 337-TA-900).
|U.S. Supreme Court Finds Direct Copyright Liability for Subscriber-Directed Retransmissons of Over-the-Air Broadcasts|
Elisabeth A. Langworthy, Daniel C. Neustadt; Sutherland Asbill & Brennan LLP;
July 9, 2014, previously published on July 1, 2014The U.S. Supreme Court held last week that a service provider directly infringes a copyright owner’s exclusive performance right when it transmits to subscribers individualized streams of copyrighted works almost simultaneously to their broadcast over the air. Justice Stephen Breyer, writing...
|Wyndham Gets Life Preserver in Data Breach Case|
Adam M. Veness; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 7, 2014, previously published on June 27, 2014New Jersey U.S. District Judge Esther Salas agreed to allow Wyndham Hotels and Resorts LLC to immediately appeal to the Third Circuit a ruling affirming the FTC’s authority to bring data security cases. We have been following this case since the beginning, and you can see our last post here.
|Guess Who’s Looking at Your Ad? Blind Recruitment Ads Fall Foul of Data Privacy Laws|
Gabriela Kennedy, Karen H. F. Lee, Hong Tran; Mayer Brown JSM;
July 4, 2014, previously published on June 26, 2014The number of "blind" recruitment ads - i.e., ads that do not identify the employer or their recruitment agent - circulating in Hong Kong has led to a growing concern about the possible unscrupulous collection and use of personal data of job applicants.
|“May I have your ZIP Code?” Retailers May Want to Read This....|
Nancy D. Adams; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 3, 2014, previously published on June 18, 2014There are only a handful of decisions addressing whether a commercial general liability (CGL) policy provides coverage for lawsuits brought against retailers allegedly collecting their customers’ ZIP code information. Thus, when a decision is issued in this area, particularly a decision...