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Communications & Media Updates

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

United States v. Microsoft: Supreme Court to Resolve Lower-Court Dispute Over U.S. Warrants Seeking Foreign-Stored User Data

by Morrison & Foerster LLP on

On October 16, 2017, the Supreme Court announced it had granted the government’s petition for certiorari in United States v. Microsoft and will hear a case this Term that could have lasting implications for how technology...more

eSports on the Rise as Collegiate Sport

Across the country, colleges and universities are turning to eSports as a new addition to their athletic programs. Earlier this year, the University of Utah became the first school from a major athletic conference to offer...more

SB 649 Small Cell Bill Vetoed by California Governor - Victory for Local Governments

by Best Best & Krieger LLP on

Citing the value of local governments managing their own rights of way, Gov. Jerry Brown vetoed SB 649, the controversial small cell bill, on Sunday. The bill, which barely passed through the state Legislature, would have...more

TTB Reopens Comment Period for Three Notices of Proposed Rulemaking

by McDermott Will & Emery on

On October 11, 2017, the Alcohol and Tobacco Tax and Trade Bureau (TTB) reopened the comment period for the following three notices of proposed rulemaking... ...more

“KRACK” WiFi Security Vulnerability Discovered

Security researchers this week have found a new vulnerability that affects Wi-Fi Protected Access II, also known as WPA2, which is the security protocol used by many wireless networks....more

Microsoft: Supreme Court Decision on Jurisdiction over Foreign-Located Communications Anticipated

by Cozen O'Connor on

On October 16, 2017, the Supreme Court granted certiorari in In re Warrant to Search a Certain Email Account Controlled & Maintained by Microsoft Corp. (Microsoft). In taking the case for review, the Supreme Court has...more

Social Links: Russia’s threat to block Facebook; Google’s publisher-friendly move; a cease-and-desist letter worth emulating

As part of a new tracking system, the Department of Homeland Security will be keeping records of immigrants’ social media handles and search results. Russia to Facebook: Turn over user-information or risk being blocked....more

The Katten Kattwalk - Issue 14

by Katten Muchin Rosenman LLP on

Disputes Between Departing Member and Remnant Group - In Lyons vs. American College of Veterinary Sports Medicine and Rehabilitation, the US Court of Appeals for the Federal Circuit addressed a dispute regarding the proper...more

Ajemian v. Yahoo: One Small Step For The Family, One Giant Step For Fiduciaries

by Murtha Cullina on

Yahoo! On October 16, 2017, the Massachusetts Supreme Judicial Court issued its long-awaited decision in Ajemian v. Yahoo!, Inc. (“Yahoo”), http://bit.ly/2zuW1T9, interpreting the federal Stored Communications Act (the “SCA”)...more

California AG Thirsty for Action Against Gatorade

The Gatorade Company violated state law by urging players of its advergame to ditch water for the sports drink, California’s attorney general alleged in an action against the company....more

EU Digital Single Market Update – Online Platforms and Illegal Content

by Morrison & Foerster LLP on

As part of its Digital Single Market strategy, the European Commission has identified the issue of combatting illegal content online as a key challenge for online platforms. It has now released guidance to online platforms...more

Limiting Your Exposure and Visibility

We spend so much time on our mobile phones and on social media, yet often we don’t think of how these tools are broadcasting our lives as we work and play. With just a few steps, you can limit what you are digitally telling...more

Data Privacy + Cybersecurity Insider - October 2017 #2

by Robinson & Cole LLP on

FBI Issues Flash Alert on Apache Struts Vulnerability - The Apache Struts vulnerability has been mentioned frequently in the media over the past month, as it is believed to have been involved in one of the largest and most...more

Cracking Open a Cold One: Plaintiffs’ False Advertising Suit Against Brewer Survives Dismissal

by Reed Smith on

Earlier this year, two plaintiffs launched a putative class action against Portland-based Craft Brew Alliance, the fifth largest brewing company in the U.S. and parent company of Kona Brewing Co. Craft Brew acquired Kona in...more

OCIE Publishes Risk Alert on Most Frequent Advertising Rule Compliance Issues Found During Examinations

by Dechert LLP on

The Office of Compliance Inspections and Examinations (OCIE) of the U.S. Securities and Exchange Commission (SEC) issued a National Exam Program Risk Alert on September 14, 2017 (Risk Alert). The Risk Alert highlights...more

Action Required to Maintain DMCA Safe Harbor Protection

by Coblentz Patch Duffy & Bass on

Parties that operate websites may enjoy immunity from copyright liability for the infringing posts of their users under the terms of the Digital Millennium Copyright Act (“DMCA”). The DMCA offers a “safe harbor” from...more

New SEC C&DIs on Non-GAAP Financial Measures for Business Combinations

The SEC staff has issued two new Compliance and Disclosure Interpretations, or CD&Is, on non-GAAP financial measures in the context of business combinations....more

Telephone Access Might Be Valid Alternative to Accessible Website, But Court Needs More

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In denying Dave & Buster’s motion to dismiss and for summary judgment, a federal judge said that telephonic access might be an alternative to having an accessible website, but cannot decide until the...more

Is it HIPAA or HIPPA? Either way, it still applies.

by Winstead PC on

I have negotiated hundreds of SaaS agreements for dozens of software companies and I always hated when the company on the other side was a healthcare provider. Invariably, they would bring up Protected Health Information...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Representatives of the US’s biggest stock exchanges have questioned the SEC’s plan to change how markets work by altering the current “maker-taker” system and imposing new transparency and conflict-of-interest rules on...more

Reminder: FCC Filing Due November 1, 2017

by Kelley Drye & Warren LLP on

Form 499-Q Quarterly Telecommunications Reporting Worksheet Carriers providing interstate and international telecommunications that are required to contribute to federal universal service support mechanisms must report their...more

FTC’s Prohibition On Illegal Sales Calls And Robocalls

by Fox Rothschild LLP on

The Federal Trade Commission (“FTC”) operates a single National Do Not Call Registry at donotcall.gov for both personal land lines and cell phones. Although the FTC notes that the Federal Communications Commission (“FCC”)...more

Are firms ready to exploit Pinterest?

by Adrian Dayton on

If you knew of a social media platform boasting that 93% of its active users utilize it to help them plan purchases, and 87% say they actually made the purchase because they found it on the site, would your firm be on...more

Preemption, Puffery Defenses Can’t Overcome Ginger Ale Suit

A California federal court judge rejected both puffery and preemption arguments when it denied Dr. Pepper Snapple Group’s motion to dismiss a putative class action challenging the labeling for its Canada Dry Ginger Ale....more

Courts Appear to Be Losing Patience with ACA Int’l Stay Requests as One-Year Anniversary Looms

by Dorsey & Whitney LLP on

It is hard to believe, but this coming Thursday will mark the one-year anniversary of the oral argument in the big ACA, Int’l appeal of the FCC’s Omnibus Telephone Consumer Protection Act (“TCPA”) ruling. For the...more

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