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HTMLEleventh 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;
Legal Alert/Article
October 9, 2014, previously published on October 7, 2014
The 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.,...

 

HTMLFCC Considers Banning Redskins
McDonald Hopkins LLC;
Legal Alert/Article
October 8, 2014, previously published on October 3, 2014
Another 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...

 

HTMLRealizing the Potential of Telemedicine in China, Part 1: Protecting Your IP
Richard J. Ferris, Nathaniel M. Lacktman, Tianran Yan; Foley & Lardner LLP;
Legal Alert/Article
October 3, 2014, previously published on September 30, 2014
Telemedicine 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.

 

HTMLCloud-Based Services Not Subject to Georgia Sales and Use Tax
Jessica L. Kerner, Pilar Mata; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 3, 2014, previously published on September 29, 2014
The 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’...

 

HTMLNinth 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.;
Legal Alert/Article
October 2, 2014, previously published on September 24, 2014
In 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...

 

HTMLTCPA Hot Issues - TCPA Restricts Autodialed Calls, but Courts Split on Meaning of Autodialer
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 22, 2014
To autodial or not autodial, that is the question. The Telephone Consumer Protection Act (TCPA) defines autodialer as “equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, and to dial such numbers.” 47 U.S.C....

 

HTMLFCC Sets Deadline for and Narrows Scope of Special Access Mandatory Data Collection
Russell M. Blau, Joshua M. Bobeck, Eric J. Branfman, Tamar E. Finn, Andrew D. Lipman; Bingham McCutchen LLP;
Legal Alert/Article
September 25, 2014, previously published on September 18, 2014
On Monday, September 15, 2014, the FCC’s Wireline Competition Bureau (“WCB”) issued a Reconsideration Order revising the mandatory data collection in the special access proceeding based on concerns raised by the Office of Management and Budget (“OMB”). In this Order,...

 

HTMLEleventh Circuit Hears Oral Argument in Landmark TCPA Case
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
Industry now waits as the Eleventh Circuit considers whether to overturn a Florida district court decision rejecting the Federal Communications Commission’s definition of prior express consent under the Telephone Consumer Protection Act. On September 18, 2014, the United States Court of...

 

HTMLThe Energy Industry Deserves Adequate Spectrum Resources
C. Douglas Jarrett, Gregory E. Kunkle, Jack Richards, Wesley K. Wright; Keller and Heckman LLP;
Legal Alert/Article
September 18, 2014, previously published on September 15, 2014
Electric utilities, oil and gas companies, and others in the energy industry rely on a variety of communications systems authorized by the Federal Communications Commission to meet their internal wireless communications requirements. In light of the critical nature of their services, they must...

 

HTMLIs Apple Leading a Health Management Revolution?
Eric L. Altman, Vinay Bhupathy; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
September 17, 2014, previously published on September 10, 2014
Yesterday was a significant day for Apple and its legions of loyal fans, but was it also the “beginning of a health revolution” as Apple alludes to? On September 9th, Apple announced its new iteration of the iPhone, the iPhone 6 running a new iOS 8 operating system, and also debuted its...

 


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