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HTMLCommunications From Officials' Private Cell Phones and E-Mail Not Subject to Public Records Act
Shawn D. Hagerty, HongDao Nguyen; Best Best & Krieger LLP;
Legal Alert/Article
April 3, 2014, previously published on March 28, 2014
A California Court of Appeal ruled yesterday that public agencies are not required to disclose communications from officials’ private cell phones and e-mail accounts under the Public Records Act (PRA). In the same vein, public agencies have no duty to search officials’ and...

 

HTMLPace Picks Up on Congressional Consideration of Legislation Impacting Broadcast, Cable, and Satellite Industries
Seth A. Davidson, Arthur H. Harding; Edwards Wildman Palmer LLP;
Legal Alert/Article
April 1, 2014, previously published on March 2014
On Tuesday, March 25, 2014, the House Energy and Commerce Committee’s Communications and Technology Subcommittee approved by voice vote an as-yet unnamed and unnumbered bill to reauthorize the Satellite Television Extension and Localism Act (“STELA”) and to make certain other...

 

HTMLFCC Issues Decision on Cable Systems Pay-By-Phone Convenience Charges, Rates for “Basic-Only” Equipment Rates, and Unbundling of Service and Equipment Rates
Seth A. Davidson, Arthur H. Harding; Edwards Wildman Palmer LLP;
Legal Alert/Article
March 24, 2014, previously published on March 2014
For the first time in several years, the Federal Communications Commission’s Media Bureau has issued a decision resolving a cable operator’s appeal of a local order regulating the cable operator’s rates. The appeal, which was brought by Comcast, addressed nearly identical rate...

 

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...

 

HTMLState-by-State Look at Defamation Statutes of Limitations
Jordan S. Cohen, Whitney C. Gibson; Vorys, Sater, Seymour and Pease LLP;
Legal Alert/Article
March 12, 2014, previously published on March 10, 2014
We have frequently mentioned and stressed the importance of acting on defamation issues quickly, including in a post exclusively addressing this topic. With many states’ statutes of limitations for libel and slander being only a year, and very few being more than two, not seeking counsel...

 

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...

 

Adobe PDFBusinesses Advised to Act Now to Ease Compliance with New Controls on Commercial Electronic Messages
H. Todd Greenbloom; Blaney McMurtry LLP;
Legal Alert/Article
March 10, 2014, previously published on March 2014
Canadians are often bombarded by unwanted emails, text messages, faxes, tweets and other forms of electronic communications. There has been little regulation, and spammers have conducted their business as they have seen fit. Recipients of electronic junk could not help but feel that they were in...

 

HTMLDistracted Driving: What's In Your Policy?
Jennifer B. Sandberg; Fisher & Phillips LLP;
Legal Alert/Article
March 6, 2014, previously published on March 1, 2014
Long before cell phones, drivers faced various distractions: eating, grooming, attending to children, changing the radio station, rubbernecking someone else’s accident, becoming absorbed in a conversation, or arguing. These distractions created safety hazards and, of course, still do. So just...

 

HTMLSleeper “Small” Cells: The Battle Over The FCC’s Wireless Infrastructure Proceeding
Douglas A. "Drew" Svor, Dave Thomas; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 5, 2014, previously published on February 27, 2014
As policymakers and regulators struggle to keep pace with corporate deal makers (read Comcast-Time Warner Cable merger and Comcast-Netflix deal) and address the structures undergirding our Nation’s electronic communications laws, no two aspects of that undertaking (with the possible exception...

 

HTMLDispelling Misconceptions about False and Defamatory Information Online
Jordan S. Cohen, Colleen M. Devanney, Whitney C. Gibson, James W. Kelly; Vorys, Sater, Seymour and Pease LLP;
Legal Alert/Article
March 4, 2014, previously published on February 26, 2014
Since launching the Vorys internet defamation group, we have encountered several misconceptions about the removal of information from the internet. If you or your company has been disparaged online, realize you are not helpless and have several options on how to deal with your potential internet...

 


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