Debtor May Give Consent under TCPA for Collection Calls to Non-Debtor’s Cell Phone by Ballard Spahr LLP on 5/23/2012 Autodialed or prerecorded collection calls to a non-debtor’s cellular telephone number did not violate the Telephone Consumer Protection Act (TCPA) because the calls were made with the consent of a debtor with “common...more
Should FTC Protect Gamers Against Unhappy Endings? by Ifrah Law - Strategic Defense in Federal... on 5/23/2012 Whether you or not you are an avid gamer, you have probably realized that a significant segment of the general population takes gaming quite seriously. Probably a little too seriously sometimes. It seems that the ending...more
Emerging Payment Products And Payment Systems by Davis Wright Tremaine LLP on 5/22/2012 This presentation was originally given at the 26th Annual Payment Card Institute in Arlington, VA, on May 3-4, 2012. DWT partner Andy Lorentz was featured on a panel that addressed emerging payment products and payment...more
Mobile App Developers Need To Have A Privacy Policy If They Want To Do Business With Apple, Google, Amazon… And Capitalize On... by Michelle Sherman on 5/22/2012 “Say what you mean, and mean what you say.” This simple expression is very fitting for how mobile app developers should be drafting their privacy policies. Now that the major platforms for your apps have entered into an...more
Spam, spam, wonderful spam by Jessica John Bowman by McAfee & Taft on 5/18/2012 Originally published in The Journal Record - May 17, 2012. At first glance, email marketing campaigns may appear to be an ideal way to market your business: A business that engages in an email marketing campaign can...more
Franchise Review - May 2012: Franchising in Quebec by Osler, Hoskin & Harcourt LLP on 5/18/2012 When venturing into Quebec it’s important to be familiar with the Québec Charter of French Language (the Charter), which establishes French as the official language of Quebec and governs use of the French language in a broad...more
Alaska Supreme Court Broadens Scope of Unfair Trade Practices Liability for Businesses’ Representations Concerning Their Goods by Davis Wright Tremaine LLP on 5/18/2012 On March 30, 2012, the Alaska Supreme Court significantly expanded the scope of Alaska’s Unfair Trade Practices Act (“UTPA”) in a manner that will increase the risk of liability for businesses that make representations about...more
Shape-up or Ship-out: FTC Sends Tough Message to Marketers of Toning Shoes But Fails to Clarify Murky Standard by Foley Hoag LLP - Trademark, Copyright &... on 5/17/2012 After much hype on Twitter regarding an action against a “major marketer of consumer goods,” the Federal Trade Commission today announced that it has settled with Skechers USA, Inc. over allegedly deceptive claims that the...more
Alaska Supreme Court Broadens Scope of Unfair Trade Practices Liability for Businesses’ Representations Concerning Their Goods by Davis Wright Tremaine LLP on 5/17/2012 On March 30, 2012, the Alaska Supreme Court significantly expanded the scope of Alaska’s Unfair Trade Practices Act (“UTPA”) in a manner that will increase the risk of liability for businesses that make representations about...more
Intellectual Property Ownership for the Marketing Firm by Winthrop & Weinstine, P.A. on 5/17/2012 The phrase “from scratch” has a different meaning depending upon who is saying it. When a client hears a marketing firm use these words, they are probably equating “from scratch” with “expensive.” The reality is that the...more
Seventh Circuit Holds TCPA Requires Consent from Current Cell Phone Subscriber for Autodialed Calls by Ballard Spahr LLP on 5/16/2012 A debt collector’s autodialed calls to a reassigned cellular telephone number violate the Telephone Consumer Protection Act (TCPA) unless the current subscriber to that number has consented to the calls, the Seventh Circuit...more
'Looney' Copyright Claim Covered: Fifth Circuit Holds Breach of Contract Exclusion Doesn't Bar Liability Insurance Coverage by Sedgwick LLP on 5/16/2012 When Looney Ricks Kiss Architects, Inc. (Looney) created an architectural design known as the Island Park Apartments in 1996, it probably wasn't thinking of insurance coverage law. But, it appears likely that Looney's...more
Users Pin on Pinterest, But Pinterest Pins Users by Sedgwick LLP on 5/16/2012 There's nothing that causes you to lose time faster than a good 'ole social media website. Well, social media has a new kid on the block, and its name is Pinterest. Seemingly out of nowhere, Pinterest has become the fastest...more
MTC Meeting Summary: Uniformity Proposals Progress; UDITPA/Compact Amendments and Model Sales and Use Tax Notice and Reporting on... by Sutherland Asbill & Brennan LLP on 5/15/2012 On May 10, the Multistate Tax Commission's (MTC) Executive Committee approved for further consideration model uniformity laws dealing with: (1) communications transaction tax centralized administration; and (2) tax...more
Health Law Alert: Walgreens Settles Gift Card False Claims Act Allegations by Ober|Kaler on 5/14/2012 The United States Department of Justice announced recently that Walgreens had agreed to settle federal False Claims Act allegations arising out of a prescription gift card program. The $9.2 million settlement concluded an...more