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|CRTC Concludes First Enforcement Under Canada’s New Anti-Spam Legislation|
Arnold Fridhandler, Graeme S. Harrison; Bennett Jones LLP;
January 20, 2015, previously published on October 14, 2014On October 7, 2014, the Canadian Radio-television and Telecommunications Commission (CRTC) announced the conclusion of its first investigation and enforcement action under Canada’s Anti-Spam Legislation (CASL) since coming into force on July 1, 2014.
|Competition Bureau Intervenes in CRTC’s Wireless Roaming Rates Proceeding|
Kyle H. Donnelly, Sheridan Scott; Bennett Jones LLP;
January 14, 2015, previously published on February 3, 2014On January 29, 2014, the Competition Bureau made a submission to the Canadian Radio-television and Telecommunications Commission (CRTC) in response to the CRTC’s call for comments on wireless roaming rates.
|CASL - New Guidance on the Installation of Computer Programs|
Tim (Timothy) M. Banks; Dentons Canada LLP;
November 18, 2014, previously published on November 11, 2014The Canadian Radio-television Telecommunications Commission (CRTC) has released new guidance on the provisions of Canada’s Anti-Spam Legislation (CASL) dealing with the installation of computer programs. The installation of computer program provisions will come into force in just over two...
|FCC Issues $10 Million Fine for Data Security Breach|
Adam C. Smith; McDonald Hopkins LLC;
November 11, 2014, previously published on October 29, 2014The Federal Communications Commission (FCC) recently issued a joint fine to two related telecommunications companies in the amount of $10 million.
|Lighting Up Dark Fiber: Washington Turns on Retail Sales Tax for Dark Fiber|
Stephanie T. Do, Timothy A. Gustafson; Sutherland Asbill & Brennan LLP;
November 3, 2014, previously published on October 16, 2014The Washington State Department of Revenue determined that a telecommunications company’s leases of dark fiber were competitive telephone services and thus subject to retail sales tax. The taxpayer leased dark fiber - unused, unlit fiber optic cable - from various carriers and subsequently...
|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...
|Realizing the Potential of Telemedicine in China, Part 1: Protecting Your IP|
Richard J. Ferris, Nathaniel M. Lacktman, Tianran Yan; Foley & Lardner LLP;
October 3, 2014, previously published on September 30, 2014Telemedicine device manufacturers and software developers face different challenges related to IP protection when expanding into China, including when it comes to trade secret protection, IP asset registration, contracts, and due diligence.
|Cloud-Based Services Not Subject to Georgia Sales and Use Tax|
Jessica L. Kerner, Pilar Mata; Sutherland Asbill & Brennan LLP;
October 3, 2014, previously published on September 29, 2014The Georgia Department of Revenue determined that a company’s cloud-based applications and related services are not subject to Georgia sales and use tax. The company maintains and operates hardware and software on servers located outside of Georgia that it uses to support its customers’...
|Ninth Circuit Rules Marketing Consultant Can Be Held Vicariously Liable for Text Messages under TCPA|
Ernest C. Cooper; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 2, 2014, previously published on September 24, 2014In a ruling issued late last week, the Ninth Circuit held that a marketing consultant that hired a firm to send text messages for a third party could also be held vicariously liable for violations of the Telephone Consumer Protection Act (TCPA). The marketing consultant acknowledged that Federal...