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|Voice Over Internet Protocol and the TCPA: The Hidden Pothole on the Information Super Highway|
Thomas M. Byrne, Juan C. Garcia, Patricia A. Gorham, Phillip E. Stano, Rocco E. Testani; Sutherland Asbill & Brennan LLP;
July 27, 2016, previously published on July 27, 2016Since the enactment of the Telephone Consumer Protection Act (TCPA) in 1991, technological advances in the way people communicate have often outpaced the ability of the courts and the Federal Communications Commission to reconcile those advances with the TCPA. The proliferation of cell phones and...
|Apple’s Cybersecurity Lockdown The Importance of Company Confidential Information and Usage Policies in the World of Apple Products|
BoyarMiller A Professional Corporation;
June 23, 2016, previously published on February 20, 2016For a company investigating a potential leak of its confidential information, it is alarming what can be found through the forensic discovery process—that is, when the forensics are being performed on anything other than an Apple product. Customer data on Apple products is notoriously...
|Third Time's a Charm for Net Neutrality: D.C. Circuit Upholds FCC's Reclassification of Broadband|
Michael B. Hazzard, Bruce A. Olcott, Preston N. Thomas; Jones Day;
June 23, 2016, previously published on June 2016After seven years and three tries, the Federal Communications Commission ("FCC") appears to have found the winning combination for a defensible net neutrality policy. In a sweeping 2-1 decision, the U.S. Court of Appeals for the D.C. Circuit upheld the 2015 "Open Internet...
|FCC Broadband Privacy and Security Proposed Rulemaking Underway|
Radhika U. Bhat, Cynthia J. Larose, Ari Z. Moskowitz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 17, 2016, previously published on April 13, 2016As we reported last month, the FCC was preparing a proposed rulemaking (NPRM) to establish privacy and data security requirements for broadband internet access service (BIAS) providers. The FCC has now released that proposal with comments and reply comments due May 27th and June 27th respectively.
|Regulatory, Reputational and Techno-Legal Considerations Facing Employers and Government in the Smartphone ERA|
Vincent T. Cieslik, Samantha J. Vander Wielen (Née Foss); Capehart & Scatchard, P.A.;
May 26, 2016, previously published on April 27, 2016Over the past few months, a struggle for control over smart phone technology has emerged in federal courts in both New York and California. In the midst of investigations into the San Bernardino mass shooting and in a drug case in New York, a new legal battle has erupted over the lengths the...
|FTC Reviews Security Updates Practices of Eight Mobile Device Manufacturers|
Sutherland Asbill Brennan LLP;
May 17, 2016, previously published on May 16, 2016The Federal Trade Commission is requiring eight mobile device manufacturers to provide the FTC with information about how they determine to issue security updates to address vulnerabilities in smartphones, tablets, and other mobile devices. The FTC plans to use these filings to study policies,...
|Is it Time to "Upgrade" your Cell Phone Policies?|
Matthew T. Scully; Burr & Forman LLP;
April 27, 2016, previously published on March 2016Are your cell phone policies as outdated as your original iPhone? Cell phones have become common place in today’s workplace and employers must consider the legal risks they pose. Thus, if you haven’t revisited your policies recently - or don’t have any - below are five key issues...
|BIS Backtrack: U.S. Temporarily Reauthorizes Certain Exports and Reexports to Two ZTE-Affiliated Entities|
Chad O. Dorr, Laura L. Fraedrich, Michael P. Gurdak, Chase David Kaniecki, D. Grayson Yeargin; Jones Day;
April 12, 2016, previously published on March 2016This week, the U.S. Department of Commerce, Bureau of Industry and Security ("BIS") issued a temporary general license that restores certain export, reexport, and transfer privileges to Zhongxing Telecommunications Equipment Corporation ("ZTE Corp.") and ZTE Kangxun...
|Communication Within Your Association|
Ursula Koenig Burgess; Rees Broome, PC;
March 30, 2016, previously published on February 2016One of the biggest complaints that we hear from unhappy residents is a lack of communication. While the complaint is most often aimed at the board and a belief that the board is not providing information, we also hear complaints that there is no appropriate method of communication established for...
|Limited Liability Communication: Seventh Circuit Limits TCPA Liability for Communications Made by Third-Parties |
Thomas M. Byrne, Juan C. Garcia, Phillip E. Stano, Rocco E. Testani, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
March 24, 2016, previously published on March 24, 2016On March 21, the U.S. Court of Appeals for the Seventh Circuit affirmed a lower court’s ruling that a small business had no liability under the Telephone Consumer Protection Act (TCPA) for fax advertisements sent by a third-party outside the scope of the business owner’s express...