Administrative Agency Communications & Media

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B&B Hardware: The Preclusive Effect of TTAB Decisions in Court

Introduction - Issue preclusion is a familiar concept to most practicing attorneys. Under this doctrine, “later courts should honor the first actual decision of a matter that has been actually litigated.” Charles Alan...more

How Will the FCC’s TCPA Declaratory Ruling and Order Affect Your Business?

In a previous blog post, we reported on the FCC’s new pro-consumer TCPA ruling. On July 10, 2015, the FCC officially released the Declaratory Ruling and Order, which became effective immediately. The ruling creates new and...more

CFPB Public Database Provides Access to Close to Half a Million Consumer Complaint Narratives

The Consumer Financial Protection Bureau (CFPB) recently launched public access to its Consumer Complaint Database (Database), which is the nation’s largest public collection of consumer financial complaints. According to the...more

Website Accessibility: Department of Justice’s Filings in Lawsuits Give Warnings

For many years, the U.S. Department of Justice, an enforcer of the accessibility provisions (Title III) of the Americans with Disabilities Act, applicable to public accommodations, has dragged its feet on promulgating...more

TCPA FCC Petitions Tracker

Kelley Drye’s Communications Practice Group presents this comprehensive tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in...more

What You Need to Know About the FCC’s July 10th Declaratory Ruling on the Telephone Consumer Protection Act (TCPA)

A sharply divided FCC late Friday issued its anticipated TCPA Declaratory Ruling and Order (the “Declaratory Ruling”). This document sets forth a range of new statutory and policy pronouncements that have broad implications...more

A First Look at the FCC’s 2015 TCPA Declaratory Ruling and Order

On July 10, 2015, the Federal Communications Commission (“FCC” or the “Commission”) released the text of its omnibus Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Ruling”), which the Commission adopted...more

FTC Resolves Claims Against Auto Dealers Based on Alleged Deceptive Advertising

On June 29, the FTC filed two administrative complaints and issued proposed orders against two Las Vegas auto dealers to resolve allegations that they engaged in misleading advertising practices that misrepresented the...more

Upper Tribunal Criticises FCA's Approach To Publicising Decision Notices

We consider here the decision of the Upper Tribunal (Tax and Chancery Chamber) in Bayliss & Co (Financial Services) Limited and Clive John Rosier v the Financial Conduct Authority [2015] UKUT 0265 (TCC) in which the tribunal...more

FCC Open Internet Advisory Procedures - Possibilities and Potential Pitfalls

As we head into this long holiday weekend, the FCC gives us something to think about. To seek guidance or not to seek guidance, that is the question. Today, the FCC released its Open Internet Advisory Opinion Procedures....more

Marketing to Millennials [Video]

Does your legal counsel understand your customer? Your business? Your industry? At Ifrah Law, we understand all three and we strive to provide you with the expertise that will help you grow your business!...more

Advertising and Marketing News from Ifrah Law’s FTCBeat.com, Volume 6

Internet Advertising and Marketing Summer Newsletter from Ifrah Law with updates you won't want to miss!...more

FCC Fines AT&T $100,000,000 for Violation of Transparency Rule

In a recent enforcement action, the FCC fined AT&T $100,000,000 for violations of the Open Internet Transparency Rule (“Transparency Rule”). The Notice of Apparent Liability (“NAL”) for Forfeiture and Order stated that AT&T...more

FDA Files Brief Regarding Off-Label Promotion In Amarin Pharma Lawsuit

As we mentioned in our prior post, the Amarin Pharma, Inc. v. United States Food and Drug Administration lawsuit pending in the Southern District of New York raises interesting issues regarding the First Amendment and how it...more

Cleared for Takeoff: Do You Need FCC Permission to Operate that Drone?

In recent years, the drone industry has proliferated, enjoying exponential growth in popularity and technological sophistication. Drone technology available to the general public has become increasingly advanced. Now, drones...more

Health Canada Pushes Forward with Nutrition Labelling Changes

On June 13, 2015, the Government of Canada published proposed amendments to the Food and Drug Regulations (FDR) that, if adopted, would significantly change key elements of the nutrition labelling of food products. The most...more

IKEA Wins in pimpmyikea.com and Thirty Other Domain Name Challenges

Ikea Systems BV of the Netherlands filed with the World Intellectual Property Organization (WIPO) for the transfer of multiple domain names registered by Michael Herman, an individual located in North Carolina. These domains...more

Blog: Case to Watch: Amarin Pharma v. FDA

A potentially significant case being watched by the pharmaceutical industry is Amarin Pharma, et al., v. U.S. Food and Drug Administration, et al., Civ. A. 15-cv-3588 (S.D.N.Y.). The complaint, filed in May 2015, is a “First...more

SEE YOU IN COURT – June 2015

Last year, Mal Content ran for the Nutmeg Board of Education on a platform of constituent service, with advertisements promising, “Tell me your problems, and I will find you solutions.” Despite Mal’s grand promises, he was...more

Summary of Recent Precedential Trademark Trial and Appeal Board Decisions

In the past two months, the Trademark Trial and Appeal Board has issued three opinions citable as Board precedent. The following is a brief summary of each opinion and its precedential impact....more

FDA’s Marijuana Q&A: More Questions than Answers?

The FDA recently released its current thinking on marijuana in a variety of forms in a web-based document titled “FDA and Marijuana: Questions and Answers.” The most notable question and answer related to whether cannabidiol...more

Washington Department of Revenue takes same position on taxability of early termination fees being challenged in Massachusetts

In a ruling that will be of interest to taxpayers following Massachusetts appeals on the issue, Washington has issued recent guidance (see Washington DOR – Termination Fees) asserting that early termination fees for...more

Drones: FAA Announces Pathfinder Program to Explore BVLOS and Urban Drone Operations

The FAA’s regulatory actions on unmanned aircraft systems (“UAS”) are accelerating, making it more important than ever for those in the industry—and those looking to use this technology in their own sectors—to keep their eyes...more

Supreme Court Holds that Issue Preclusion May Apply to TTAB Decisions

In a 7-2 decision authored by Justice Alito, the Supreme Court held on March 24, 2015, that issue preclusion may apply to Trademark Trial and Appeal Board (TTAB) decisions. The case, B&B Hardware, Inc. v. Hargis Industries,...more

Lifeline Disbursements Continue Decline in 2014

Data released by USAC in its 2014 Annual Report show an 11 percent decline in Lifeline disbursements from 2013 and a 27 percent decline from 2012 – the program’s peak funding year. These figures, illustrated in the table...more

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