Griffin Finan

Griffin Finan

Jeff Ifrah

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Gov. Christie Vetoes Latest Sports Betting Bill

On Friday, New Jersey Governor Chris Christie vetoed a bill that marked the latest effort to bring legal sports betting to the state’s casinos and racetracks marking another temporary setback, though the efforts may not be...more

8/12/2014 - Gambling Sports Betting

Capital One Gets an Unwanted Wake Up Call

In what could become the largest ever settlement in a case brought in the 22 year history of the Telephone Consumer Protection Act (“TCPA”), Capital One and three collection agencies agreed to pay over $75 million into a...more

8/11/2014 - ATDS Capital One Cell Phones Class Action Collection Agencies Judicial Settlement Agreements Popular Settlement TCPA Telemarketing

Google/Viacom Win Video Privacy Protection Act Case – Common Sense Finally Emerges

In an important decision in a federal court case in New Jersey, In Re Nickelodeon Privacy Litigation, Google and Viacom obtained a dismissal of a claim against them under the Video Privacy Protection Act (“VPPA”). The...more

8/5/2014 - Cartoon Network Dismissals ESPN Google Hulu Internet Streaming Liability Mobile Apps Netflix Nickelodeon Privacy Laws Viacom Video Games Video Privacy Protection Act Wall Street Journal

The Right to Remain Silent Does Not Extend to Computer/Phone Passwords

Recently the Massachusetts Supreme Judicial Court ruled that under certain circumstances, a court may compel a criminal defendant to provide the password to encrypted digital evidence without violating the defendant’s...more

7/9/2014 - Motion to Compel Passwords Right to Remain Silent

Disappearing Act Fails – Maryland Attorney General and FTC “snap” back at Snapchat

Recently, the Maryland Attorney General’s Office announced that it reached a settlement with Snapchat, Inc. over alleged deceptive trade practices in violation of Maryland law and violations of federal laws that are intended...more

6/25/2014 - Attorney Generals COPPA FTC SnapChat

Supreme Court Denies Cert. in New Jersey Sports Betting Case

Today, the United States Supreme Court denied New Jersey’s petition for a writ of certiorari to hear an appeal from lower court decisions that invalidated its sports wagering law. This ends a three year fight to bring sports...more

6/24/2014 - Casinos Certiorari Conflicts of Laws Legislative Agendas Racetracks SCOTUS Sports Betting Sports Gambling

New Jersey DGE Releases Guidance for Affiliate Marketers

Yesterday, the New Jersey Office of the Attorney General, Department of Law and Public Safety, Division of Gaming Enforcement (“DGE”) released additional guidance for affiliate marketing companies working with state online...more

6/10/2014 - Casinos Gambling Gaming

Mock Twitter Account Raid Results in Marijuana Arrest

Last month police raided the home of an Illinois man who created a parody Twitter account of his city’s mayor. No charges were brought against the man because the prosecutor determined that no crime had been committed,...more

5/28/2014 - Marijuana Raids Twitter

TCPA Plaintiff Loses—Express Consent Given to Health Insurance Plan Trumps Claim

In a recent case in the U.S. District Court for the Eastern District of Missouri, the district court held that the plaintiff’s Telephone Consumer Protection Act (“TCPA”) claim should be dismissed. The court ruled that the...more

5/20/2014 - Do Not Call List Employer Group Health Plans Health Insurance Medco Health Solutions Prior Express Consent TCPA

Potential Jackpot for Pennsylvania: State’s Analysis of iGaming, Sports Betting, and Fantasy Sports

Today, the Pennsylvania Legislative Budget and Finance Committee released a long anticipated report entitled “The Current Condition and Future Viability of Casino Gaming in Pennsylvania.” Last December, the Pennsylvania...more

5/8/2014 - Casinos Economic Impact Analysis Fantasy Sports Gaming Gaming Revenues I-Gaming Legislative Agendas Revenue Sports Betting

FDA Says Product Containing No Tobacco is a “Tobacco Product” – FDA Expands Authority to Include E-Puffing

In an effort that Food and Drug Administration (FDA) officials say was motivated by the (Big Brother?) desire “to correct a misperception by consumers that tobacco products not regulated by FDA are safe alternatives to...more

4/25/2014 - E-Cigarettes FDA FTC Medical Devices

Don’t be a Jerk

Last week the Federal Trade Commission (“FTC”) charged the operators of Jerk.com with harvesting personal information from Facebook to create profiles for more than an estimated 73 million people, where they could not be...more

4/17/2014 - Data Mining FTC Jerk

TCPA Litigation Explosion Leads to Rule Clarifications

Congress enacted the Telephone Consumer Protection Act (“TCPA”) to protect consumers from unwanted telemarketing, fax marketing, and prerecorded/auto-dialed phone calls. Recently, there has been an explosion in TCPA...more

4/11/2014 - Cargo Airline Association FCC GroupMe Mobile Privacy Notification TCPA Telephone Sales

Report from Energized iGaming Conference

The iGNA March 2014 conference in Las Vegas started off with a bang. The conference boasted roughly double the attendance of last year’s conference. People were drawn to the vibrant and comprehensive panels....more

3/25/2014 - Gambling Gaming IGaming

Live Report From iGNA 2014 – Is iGaming The Problem or The Solution?

This afternoon at the iGaming North America 2014 conference an interesting panel, “Visionaries’ Perspective—Is i-Gaming the Problem or the Solution?” explored two vastly divergent viewpoints on online gaming in the United...more

3/20/2014 - Gambling Gaming I-Gaming

Electronic Cigarette Advertising Practices Draw Legislative Attention – Will Regulations Follow?

Advertisements for electronic cigarettes, or “e-cigarettes,” are increasingly drawing scrutiny from consumer advocates and public health groups who are calling for the federal government to regulate these advertisements in...more

3/7/2014 - E-Cigarettes

TCPA Not Violated When Consumer Voluntarily Provided Number to Business

A federal court in California recently ruled that a plaintiff who was required to enter her phone number to purchase a plane ticket online had consented to receive a text message, and dismissed her claim under the Telephone...more

2/7/2014 - Cell Phones FCC Marketing Prior Express Consent TCPA Telecommunications Telemarketing Texting

Overstock Case Could Alter the Landscape of Price Comparison Advertising

A California court ruled earlier this month that Overstock must pay a roughly $6.8 million penalty to settle claims that the retailer “routinely and systematically” made false and misleading claims about the prices of its...more

2/3/2014 - False Claims Act Misleading Statements Overstock.com Settlement Websites

Parameters of CDA Immunity Being Tested by Appeals Court in Jones v. Dirty World Entertainment

The U.S. Court of Appeals for the Sixth Circuit is currently hearing an appeal of a district court decision, which if upheld would have enormous ramifications for freedom of speech and the online service provider safe harbor...more

12/17/2013 - Amazon Communications Decency Act eBay Facebook Free Speech Google Jury Awards Libel Microsoft Safe Harbors Social Media TheDirty.Com Twitter User-Generated Content Yahoo!

Peugh Ruling Affirms Sentencing Guidelines at the Time of the Crime are Applicable

In a key sentencing decision handed down this year, the United States Supreme Court held that the Ex Post Facto Clause is violated when a defendant is sentenced under provisions of the Federal Sentencing Guidelines...more

11/15/2013 - Ex Post Facto Clause Federal Sentencing Guidelines SCOTUS Sentencing

LegalZoom and Rocket Lawyer Case over Misleading Advertising Heads to Trial – When is “Free” Really “Free”?

Last week, a federal judge in California declined to grant a summary judgment motion to LegalZoom.com, Inc., in its lawsuit accusing rival Rocket Lawyer, Inc. over claims of trademark infringement, unfair competition, and...more

10/28/2013 - Advertising False Advertising Infringement Misleading Statements Trademark Litigation Trademarks Unfair Competition

FDA Regulations on the Horizon for Billion Dollar E-Cigarette Industry

In September, 40 state attorneys general wrote to the U.S. Food and Drug Administration (FDA) asking the agency to take all available measures to issue regulations on the advertising, ingredients, and sale to minors of...more

10/24/2013 - FDA Smokers

Taking Advantage of a Video Poker Glitch Can Land you in Jail in Nevada

Imagine a poker player who played an extraordinary amount of video poker and in doing so discovered a software bug that would allow him to achieve significant payouts through a series of unusual moves. These moves would...more

10/16/2013 - Computer Fraud and Abuse Act Fraud Poker

Court Dismisses Loss Recovery Case, in Big Win For Fantasy Sports Industry

Today, in a closely watched case in Illinois, a federal court dismissed a lawsuit brought under the Illinois Loss Recovery Act (ILRA) against daily fantasy sports site FanDuel, Inc. and daily fantasy sports player Patrick...more

10/10/2013 - Fantasy Sports Gambling Sports Betting Subject Matter Jurisdiction

FTC Takes First Enforcement Action on ‘Internet of Things’

A company that markets video cameras that are designed to allow consumers to monitor their homes remotely has agreed to settle charges with the FTC that it failed to properly protect consumers’ privacy. This marks the FTC’s...more

9/30/2013 - Enforcement Actions FTC Internet Privacy Policy

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