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TCPA: New Ruling May Invalidate Your Existing Consumer Consents

Much has been written about the Federal Communication Commission's ("FCC's") recent 138-page Declaratory Ruling and Order that broadened the scope of the Telephone Consumer Protection Act ("TCPA") and will likely encourage...more

Named in a TCPA Lawsuit? Liability Strategy May Avoid Crippling Damages

Telephone Consumer Protection Act ("TCPA") class action lawsuits are booming, and plaintiffs are commonly seeking tens, if not hundreds, of millions of dollars in damages. These cases often arise out of a marketing campaign...more

Delaware Program Struck Down: Independent Legal Counsel Still Best Avenue for Private Arbitration

The U.S. Supreme Court decided last Monday to not hear a case involving the State of Delaware's effort to create a state-sponsored program where sitting judges could confidentially arbitrate business disputes. Lower courts...more

Anna Nicole Smith Revisited: Supreme Court Closes Gap on "Stern claims;" Declines to Clarify Jurisdiction for Certain Bankruptcy...

On Monday, the United States Supreme Court decided in Executive Benefits Insurance Agency v. Arkison that while bankruptcy courts do not have the power to make final decisions on so-called "Stern claims," they can try or...more

What's More Appealing Than Property Taxes? Recent Kansas Legislative Changes Make This Year An Opportune Time to Appeal Yours

Do you or your company own real property in Kansas? If so, then challenging your property's tax valuation is more appealing than ever, thanks to the 2014 Kansas Legislature. ...more

Respond with Caution! Responses to Discovery "Subject to the Stated Objections" May Waive Your Client's Objections

A growing number of federal courts have confirmed that the once-common discovery practice of asserting an objection followed by a bare "conditional" response, i.e., stating that "Subject to and without waiving the stated...more

Cyber Security: Are You At Risk?

In This Issue: - Prevention - Notification - Potential Litigation - Conclusion - Excerpt from Foreward: As the recent Target and Neiman Marcus data breaches made clear, cyber security is one...more

How Final Do You Want It To Be?: Recent Change To American Arbitration Association Rules Allows For Appeals In Certain Cases

In a prior e-Alert, the Commercial Litigation practice outlined the issues confronting your business when deciding whether to enter into a contractual arbitration agreement. The alert noted that an important issue to consider...more

The Dog Ate My Evidence: Document Destruction Policies And The Duty To Preserve

In This Issue: - The Duty to Preserve ..What triggers the duty to preserve? ..Who has a duty to preserve? ..What is the scope of the duty to preserve? - Litigation Hold Notices - Potential...more

More Relief For Business: U.S. Supreme Court Continues To Restrict Far-Reaching Claims

In This Issue: - Comcast Corp v. Behrand - Take-Away from Comcast Corp v. Behrand - Standard Fire Insurance Co. v. Knowles - Take-Away from Standard Fire Insurance Co. v. Knowles Amgen Inc. v. -...more

Social Media: A Double-Edged Sword

Social media is one of the fastest growing tools businesses use to employ marketing tactics in a timely and cost effective manner. ...more

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