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|Supreme Court Rules Cell Phone Searches Violate Privacy Rights|
David C. Driscoll, Paul T. Stein; Stein Sperling Bennett De Jong Driscoll PC;
July 29, 2014, previously published on July 14, 2014The United States Supreme Court ruled recently that cell phones including smartphones cannot generally be searched without a warrant on an arrest by police. The unanimous decision written by Chief Justice John Roberts resolves an issue which had divided lower courts since the advent of the digital...
|Eleventh Circuit Holds Only a Cell Phone Subscriber and Not the “Intended Recipient,” May Provide “Prior Express Consent” for TCPA Claims|
Reid S. Manley, Seth I. Muse; Burr & Forman LLP;
July 28, 2014, previously published on July 22, 2014In Osorio v. State Farm Bank, F.S.B., No. 13-10951 (11th Cir. Mar. 28, 2014), the United States Court of Appeals for the Eleventh Circuit reversed and remanded a Florida district court’s grant of defendant’s motion for summary judgment on plaintiff’s Telephone Consumer Protection...
|COPPA Update: FTC Provides More Flexibility on Obtaining Verifiable Parental Consent|
Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 23, 2014, previously published on July 22, 2014Some clarification and a bit more flexibility was forthcoming late last week from the Federal Trade Commission to help ease compliance with the “new” COPPA.
|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...
|CFPB Seeks Comment on the Use of Mobile Financial Services|
John B. Beaty, Frederick M. Joyce, Jonathan L. Pompan, D. E. Wilson; Venable LLP;
July 14, 2014, previously published on July 2014On June 12, 2014, the Consumer Financial Protection Bureau (CFPB) published in the Federal Register a notice and request for information (RFI) about how consumers are using mobile financial services to access products and services, manage finances, and achieve their financial goals (with a focus on...
|U.S. Supreme Court Rules: No Cell Phone Searches Without a Warrant|
Cara M. Wright; Mazanec, Raskin & Ryder Co., L.P.A.;
July 2, 2014, previously published on June 26, 2014The U.S. Supreme Court unanimously held on June 25, 2014 that law enforcement officers are not permitted to search the data contained on a suspect’s cell phone during a search occurring incident to an arrest and that officers are generally required to secure a warrant before conducting a...
|Telecommuting May Be Reasonable Accommodation|
Baker Sterchi Cowden Rice L.L.C.;
June 23, 2014, previously published on May 30, 2014The U.S. Court of Appeals for the 6th Circuit, stating that technological advances have greatly expanded the ability of employees to work remotely, found that telecommuting could be a reasonable accommodation for an employee with irritable bowel syndrome (IBS).
|Firing of County Employee Teaches Important Lesson about Use of Mobile Technology|
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
June 23, 2014, previously published on June 19, 2014We love our phones. We are an iPhone society. I’ve referred to the phenomenon as “iPhone-ification.” Do you know that there are more mobile phones than people in the United States? Moreover, 90% of American adults own mobile phones, and nearly 60% are “smart.”
|Think Before You Write|
Ashley G. Moss; Vandeventer Black LLP;
June 17, 2014, previously published on June 2014In the not-so-distant past, all written communications were typed on letterhead, reviewed several times for accuracy, and signed with ink. As technology has evolved, letters have been largely replaced by emails, texts, and the like, reserving their archaic predecessor for special, more formal,...
|Prison Sentence in Air India Bribery Scheme Sends Deterrent Message to Canadian Executives|
Milos Barutciski, Matthew S. Kronby, Steven T. Robertson; Bennett Jones LLP;
May 28, 2014, previously published on May 25, 2014On May 23, Nazir Karigar, an agent of Cryptometrics Canada Inc. (Cryptometrics), was sentenced to three years in federal prison under Canada’s foreign bribery statute. Mr. Karigar was convicted last August of conspiring to pay approximately $450,000 to India’s Minister of Civil Aviation...