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|U.S. Supreme Court Allows FCC to Determine its Own Authority|
Matthew K. Schettenhelm; Best Best & Krieger LLP;
May 23, 2013, previously published on May 21, 2013The United States Supreme Court issued its decision in City of Arlington v. FCC, ruling that if an agency has general rulemaking or adjudicative power under a statute, courts must defer to all of the agency’s reasonable interpretations under the statute, including those about the scope of the...
|FCC Addresses Vicarious-Liability Standards under Telephone Consumer Protection Act|
Archis A. Parasharami, Kevin S. Ranlett, Howard W. Waltzman; Mayer Brown LLP;
May 23, 2013, previously published on May 21, 2013he Federal Communications Commission (FCC) has issued a declaratory ruling regarding the standards for vicarious liability under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. That law prohibits certain telemarketing practices, such as placing telemarketing calls to phone...
|FCC Modernizes Foreign Ownership Review Policies and Procedures for Wireless Telecommunications Licensees; Seeks Comment on Similar Relief for Broadcast Licensees|
Angela E. Giancarlo, Donald K. Stockdale, Howard W. Waltzman; Mayer Brown LLP;
May 22, 2013, previously published on May 20, 2013Over the past eight months, the Federal Communications Commission (FCC or Commission) has issued two decisions that modernize and streamline its foreign investment policies for certain radio licensees, including wireless telecommunications carriers. In addition, the Commission recently initiated a...
|Manually Dialed Telephone Calls May Violate TCPA|
Michael L. Mallow, Christine M. Reilly; Loeb & Loeb LLP;
May 20, 2013, previously published on May 2013The Telephone Consumer Protection Act regulates the use of auto/predictive dialers, which are used to initiate faxes, prerecorded voice messages, and SMS text messages. But a federal court in the Western District of Wisconsin has now expanded the reach of the TCPA beyond auto/predictive dialers,...
|Black Hills Media Files New 337 Complaint Regarding Certain Digital Media Devices|
John F. Presper, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
May 18, 2013, previously published on May 16, 2013On May 13, 2013, Black Hills Media, LLC of Wilmington, Delaware (“Black Hills”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
|Constitutional Reform in Telecommunications: Update|
Octavio Lecona Morales, Luis Rubio Barnetche; Greenberg Traurig, S.C.;
May 17, 2013, previously published on May 15, 2013This is an update of the client Alert that we distributed earlier related to the bill introduced by the President of Mexico to the Mexican Congress on March 11, 2013, with the intention to amend several provisions of the Mexican Federal Constitution to provide a constitutional framework for the...
|If Employees are Telecommuting ...|
Earl Phillips; McCarthy Tétrault LLP;
May 17, 2013, previously published on May 10, 2013Telecommuting may be on the way out at Yahoo! but it is very much alive elsewhere. So if you have employees who are working from home, or if you are considering it, you should think through the employment issues.
|Warrantless Cell Phone Searches - A Look at the Case Law|
Sara J. Crasson, Bridget M. Rohde; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 17, 2013, previously published on May 14, 2013When a person is arrested with a cell phone, law enforcement officers will likely want to search the phone’s contents. Today’s smart phones are a treasure trove of contacts, calendars, voice and text messages, e-mail, videos, photographs, internet use records, GPS and cell phone tower...
|Enter, The APPS Act|
Amy Malone; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 17, 2013, previously published on May 13, 2013U.S. Rep. Hank Johnson, a Democrat from Georgia, has introduced a mobile privacy bill that if passed will require mobile application developers to maintain privacy policies, obtain consent from consumers before collecting data, and securely maintain the data they collect.
|Litigator’s Perspective- I’ve a Hunch You’re Stealing My Invention: Low Standard Prevails for Alleging Patent Infringement|
Joel R. Leeman; Sunstein Kann Murphy & Timbers LLP;
May 16, 2013, previously published on May 9, 2013The Federal Circuit, the appeals court for all patent litigations, has given its blessing to the no-frills complaint that has become standard in infringement lawsuits. The court bucks recent judicial trends of mandating more detailed pleadings in support of claims for relief.