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Emilio W. Cividanes

Emilio W. Cividanes

Venable LLP


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Redial Unsuccessful - TCPA Claims Still Unavailable in New York

Plaintiffs still cannot dial up TCPA claims in New York. On May 1, 2013, Judge William F. Kuntz, II of the Eastern District of New York denied a motion to reconsider his earlier decision dismissing claims arising...more

5/6/2013 - Subject Matter Jurisdiction TCPA

Business News Digest – April 2013

In this issue: - Finders May Pose Risk in Private Capital Raising - NIST Holds First Workshop on Executive Order Cybersecurity Framework - NIST Issues Request for Information, Begins Developing...more

4/15/2013 - Amgen Amgen Inc. v Connecticut Retirement Plans CEQA CFPB Clapper v. Amnesty International Class Action Class Certification Cybersecurity Data Protection Executive Orders Exports Federal Budget Finders Licenses National Environmental Policy Act National Historic Preservation Act NEPA NIST Non-Compete Agreements SCOTUS SEC Sequestration Spending Cuts Student Loans Swaps TCPA Telemarketing

Advertising News & Analysis - March 28, 2013

In this issue: - FTC Reopens Comment Period on Proposed Changes to EnergyGuide Labels - Venable’s Advertising Practice Named to Chambers USA Shortlist - Protect Your Brand Against New Top-Level Domain...more

4/1/2013 - Brand Class Action EnergyGuide Labels FTC gTLD TCPA Telemarketing Trademark Clearinghouse Trademarks

Telemarketers Dial Quickly - TCPA Class Action Dismissed For Now

On March 12, 2013, Judge William F. Kuntz II of the Eastern District of New York entered a memorandum and order in Bank v. Independence Energy Group LLC, which sua sponte dismissed claims arising under the Telephone Consumer...more

3/29/2013 - Class Action Jurisdiction Mims v Arrow Financial Services Subject Matter Jurisdiction TCPA Telemarketing

The Impact Of The Supreme Court’s Recent Decision In Clapper v. Amnesty International USA On Privacy and Data-Security Litigation

On February 26, 2013, the Supreme Court decided Clapper v. Amnesty International USA, which clarified the standard to establish Article III standing for claims based on impending or future harm. The Supreme Court, in a 5-4...more

3/6/2013 - Clapper v. Amnesty International Data Protection SCOTUS Standing

Business News Digest – February 2013

In this issue: - What You Need to Know About the Proposed Maryland Investment Tax Credit for Cybersecurity - Trade Secret Legislation May Increase Infringement Claims and Lead to a Private Right of Action -...more

2/20/2013 - Antitrust Conspiracies CIPA Class Action Class Certification Cybersecurity Department of Transportation ECPA FDA Food Safety Infringement Investment Tax Credits IRS NEPA Pay or Play Trade Secrets Voluntary Correction Program

Advertising News & Analysis - February 14, 2013

In this issue: - Recent NAD Decision Illuminates FDA’s “Light” Requirements - CA Supreme Court Rules Song-Beverly Doesn’t Apply to Online Downloadable Purchases - Comments in Four Loko Settlement May Drive...more

2/18/2013 - CFPB False Advertising FDA Four Loko FTC Internet Retailers Marketing NAD Social Media Song-Beverly Credit Card Act

California Supreme Court Holds that Song-Beverly Act Does Not Apply to Online Downloadable Purchases

On February 4, 2013, the California Supreme Court held in Apple Inc. v. Superior Court (Krescent) that the Song-Beverly Credit Card Act’s prohibition against recording customers’ personal identification information as a...more

2/14/2013 - Apple Credit Card Act Credit Cards Electronically Downloaded Products Internet Retailers Personally Identifiable Information Song-Beverly Credit Card Act ZIP Codes

The Download - January 2013

In this issue: Heard on the Hill - Congress Updates the Video Privacy Protection Act - Congressional Developments in Mobile Privacy Around the Agencies: - FTC Updates COPPA Rule - Mobile Privacy Still...more

2/5/2013 - COPPA Data Breach Data Protection EU FTC Healthcare Mobile Apps Mobile Devices Notice Requirements PHI Privacy Policy Video Privacy Protection Act

Advertising News & Analysis - January 24, 2013

In this issue: - FTC Studies Alcohol Marketing Practices, Prepares Recommendations - FTC’s POM Decision Provides Food for Thought - 10th Circuit Decision Clarifies No ECPA Liability for Behavioral Advertising...more

1/29/2013 - Advertising Behavioral Advertising CIPA Class Action ECPA FTC Marketing POM Wonderful

The Embarq Decision

A federal appellate court in Denver recently upheld summary judgment for an Internet service provider (ISP) defending class action allegations that it violated the Electronic Communications Privacy Act of 1986 (ECPA) by...more

1/17/2013 - Advertising Aiding and Abetting Behavioral Advertising ECPA Electronic Communications Embarq ISPs Privacy Laws Summary Judgment

Advertising News & Analysis - January 3, 2013

In this issue: - FTC Amends Appliance Labeling Rule - What Does “As Seen On TV” Mean, Anyway? - Color or Colour? Color Trademarks Treated Differently in US and EU - FTC COPPA Rule Updates Take...more

1/7/2013 - Advertising COPPA EU FTC Mobile Apps Personally Identifiable Information Privacy Policy Trademarks

Advertising News & Analysis – December 13, 2012

In this issue: - It’s Easier Being Green - Off-Label Marketing Protected by First Amendment - Understanding New Restrictions on Advertising GI Bill Benefits - FTC Looks at "The Big Picture" - Upcoming...more

12/17/2012 - Advertising Commercial Speech FDA FDCA Free Speech FTC GI Bill Green Guides Marketing Off-Label Promotion Off-Label Use Pharmaceutical

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