General Business Communications & Media

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Wearable Fitness Device Privacy Concerns Abound

How would you feel if businesses or individuals had access to your medical records? There is no question that advertisers, businesses, and even overly-clingy significant others would love to have access to your private...more

U.S. District Court in Kentucky Holds that Contractor Which Proposed Design Solution During Construction Might Be Liable for...

American Towers LLC v. BPI, Inc., 2014 U.S. Dist. LEXIS 106724 (E.D. Ky. Aug. 4, 2014) - American Towers LLC (“American Towers”), which operates wireless and broadcast communications towers, undertook a project to...more

Dealmakers Q&A: Baker Botts' Buzz McGrath

Frederick H. (Buzz) McGrath has counseled public and private companies for more than 30 years on a wide range of corporate matters, including mergers and acquisitions, strategic joint ventures and complex capital structures....more

FCC Announces Record $7.4 Million Settlement for Failure to Provide CPNI “Opt-Out” Notices to Customers

On Tuesday, September 3, the FCC’s Enforcement Bureau announced that it had entered into a consent decree with Verizon, under which Verizon will pay $7.4 million to the U.S. Treasury for violating the FCC’s “Customer...more

Call Me... Maybe? - how to avoid being a phone fraud victim

According to a recent survey conducted by The Harris Poll, about 17.6 million Americans lost an estimated $.86 billion as a result of phone fraud – and that was just in the last year. That averages out to a loss of $489 per...more

California Attorney General Issues Privacy Practices Guide

Consumers that have spent more than a few seconds attempting to decipher an online privacy policy tend to agree that most privacy policies are overly long, difficult to read, and fail to offer any meaningful choice to the...more

The Supreme Court Resolves a Circuit Split Regarding Standing to Sue for False Advertising Under the Lanham Act

In Lexmark Int’l, Inc. v. Static Control Components, Inc. (March 25, 2014), the Supreme Court unanimously held that "to invoke the Lanham Act’s cause of action for false advertising, a plaintiff must plead (and ultimately...more

Legal Innovations In Submarine Cable Projects

Recent years have seen a renewed levels of investment into the submarine cable sector, especially in emerging markets such as Africa and the Asia-Pacific region. Some of these have brought with them some interesting legal and...more

Hazardous Chemical Users: Time to Consider Compliance with the GHS

In most Australian states, businesses involved with hazardous chemicals must comply with the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) from 31 December 2016. 'Businesses' include...more

The FCC’s declaratory ruling re TCPA vicarious liability – one year later, trends and takeaways

A year ago, we reported on the FCC’s Declaratory Ruling that addressed the issue of whether parties who did not actually place telemarketing robocalls could be either directly or vicariously liable for calls made on their...more

TCPA Hot Issues: Is the Scope of Consent Unlimited?

What constitutes valid consent under the Telephone Consumer Protection Act? A hot issue in TCPA litigation is the scope of consent necessary to place automated calls to consumers where the consumer has provided a cell phone...more

Intra-EU supplies of digital services and VAT – new place of supply rules and VAT Mini One Stop Shop (MOSS)

On 1 January 2015, new rules will take effect to determine where intra-EU supplies of “digital services” to consumers will be deemed to take place for VAT purposes. This is a major change which will affect any person who...more

#Insurance Coverage for Emerging Social Media Risks

There are 1.3 billion people on Facebook, half a billion “tweets” every day, and countless other ways to communicate that did not even exist five years ago. In response to this social media revolution, smart companies are...more

The Brave New World of Consumer Compliance

Compliance has changed from a checklist-based, technical science to a principles-based, qualitative art. Gone are the days when an institution that is compliant with all substantive consumer protection laws can breathe easy;...more

FCC Letter Brief Suggests That Faxes and Phone Calls are Different for Purposes of Direct Liability Under the TCPA

At the invitation of the Eleventh Circuit Court of Appeals, the FCC recently filed a letter brief in Palm Beach Golf Center-Boca, Inc. v. Sarris, No. 13-14013 (11th Cir.). The letter brief took the position that defendants...more

The Battle to Keep the "Mister Softee" Brand from Melting Away

The sight of a Mister Softee ice cream truck is a reminder that summer is here, and its jingle draws children to run and grab a cone to enjoy. Mister Softee trucks are sprinkled around 15 states, with over 600 trucks operated...more

Mattocks v. Black Entertainment Television LLC

Mattocks v. Black Entertainment Television LLC - USDC, S.D. Florida, August 20, 2014 - District court grants defendant BET summary judgment in suit brought by creator of Facebook Fan Page that promoted BET...more

Organic Internet Growth: New .ORGANIC Domain Names Launch

If an organic standards body has approved you or your product, you are likely eligible to register an .organic domain name. Interested brand owners should apply as soon as possible and before the sunrise period closes on...more

FTC Seeks Public Comment on AgeCheq, Inc.’s Proposed Parental Consent Method under COPPA

The Federal Trade Commission announced Monday that it seeks public comment on a new verifiable parental consent method application proposed by AgeCheq, Inc., to enable apps, websites and advertisers to obtain parental consent...more

Security Interests in Intellectual Property and Related Issues in Bankruptcy

Intellectual property (“IP”) can act as collateral to be pledged to secure an extension of credit. For example, a company that borrows money from a bank can pledge its patents as collateral for the loan. The bank (referred...more

Florida Embraces Innovation, Entrepreneurship, and Crowdfunding

Central Florida is home to a thriving entrepreneurial community that increasingly benefits from crowdfunding. This trend, and crowdfunding’s evolving forms, including equity crowdfunding, will be among the topics discussed...more

Levick Monthly - August 2014, edition 13: The U.S. House Signals Significant Mobile Usage Upticks

In This Issue: - The U.S. House Signals Significant Mobile Usage Upticks - The Nick Hanauer Debate: Trickledown, Trickle Dee, And Trickle Dumb - Texas Supreme Court Guts Minority Shareholder Oppression...more

Food Litigation Newsletter - August 2014 #2

In This Issue: - Recent Significant Rulings ..Court Dismisses Some of Plaintiff’s Claims In Pretzel Class Action ..Courts Increasingly Rely on FDA Notice to Stay or Dismiss ECJ Claims ..Court Dismisses...more

Lawsuits Against Social Media Sites Rarely a Good Idea – This One Probably Isn’t Either

A Houston area woman has sued Facebook asking for $123 million because Facebook was slow to take down a fake a profile created by her ex-boyfriend with pornographic images. The plaintiff sued Facebook and the...more

California Supreme Court Defines Scope of Advertising Injury Coverage

Hartford v. Swift imposes “specificity” requirements that may provide comfort to companies facing disparagement claims while requiring careful navigation to trigger CGL policies. The California Supreme Court recently...more

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