Communications & Media Updates

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
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UK Supreme Court to re-consider compensation rights under Data Protection Act

This week, Google has been granted permission to appeal to the UK Supreme Court as part of the decision in Google Inc. v. Vidal-Hall & Others (2015). This is about rights to claim compensation for breaches of the Data...more

Bernstein Shur Business and Commercial Litigation Newsletter #53

We are pleased to present the 53rd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases regarding compelled turnover of Facebook data, a revived securities class...more

tyntec releases BYOD Survey 2015

tyntec, a telecom-web convergence company, recently released its BYOD Survey 2015: Employees’ Choice for Mobility white paper. The paper is the culmination of an online survey of 1,320 respondents from May 16 – May 22, 2015....more

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

Ofcom appeal reverses ATVOD decision in Vice UK case

By its decision of 21 July 2015, Ofcom has upheld an appeal by Vice UK Limited, ruling that Vice should not be classified as an on-demand programme service (ODPS) for the purposes of the Communications Act 2003 (Comms Act)....more

ANDA Update - July 2015

Supreme Court Holds Good Faith Belief of Patent Invalidity Is Not a Defense to Induced Infringement - Commil USA, LLC v. Cisco Systems, Inc. (Supr. Ct. May 26, 2015): Pharmaceutical patents commonly include...more

Net Neutrality And The End Of EU Roaming Charges ? Not There Yet

Following years of debate and intense lobbying, a long awaited agreement has finally been reached on a proposed EU regulation on net neutrality and mobile roaming surcharges. This has its origins in the more ambitious...more

District Courts Only Require Facts Sufficient to Form an Inference of the Use of an ATDS

Although, as we have previously covered, decisions from various courts have already established that a plaintiff must do more than simply allege that a TCPA defendant used an automatic telephone dialing system (“ATDS”) to...more

New FTC Guidelines for Promoting Products on Social Media

Social media can be used in a multitude of ways for savvy brands to promote their products. A popular approach is providing “celebrity bloggers” with free or discounted items in exchange for a picture, post, tweet or...more

Popular Cybersecurity Reads on JD Supra

From latest data breach laws to cyber liability insurance to the FTC's consumer data safety guidance ... a recap of popular cybersecurity reads on JD Supra during the second half of July 2015....more

Advertising Law - July 2015 #5

Place Your Bets: Yahoo to Host Fantasy Sports Games - In a new business venture that adds to an ever expanding field, Yahoo announced that it will host daily and weeklong pay-to-play fantasy sports games for cash prizes....more

Guest Post - Just the Fax, Ma’am

While Bexis is on vacation, here is a guest post to take up some of the slack. Our guest blogger today is Henry Pietrkowski, a partner in Reed Smith's Chicago office. This one's a little different. It's about the impace of...more

Duke of Brunswick rule strikes out for Internet lawsuits

If you publish something on the Internet, would it be fair if someone could sue you for it many years later? Of course not. Because of statutes of limitation, a claimant has only a limited time period after any...more

Client Alert on Azerbaijani Securities Regulations - Client Alert on Latest Developments in Azerbaijani Securities Regulation...

Securities Markets Law - New categories of professional participants in securities markets - Professional participants in securities markets are defined to include investment companies, stock exchanges, clearing...more

Everything Old Is New Again: “Tacking” in Trademark Law

Today’s topic is “tacking” and why you need to have at least some awareness of this important concept in the law of trademark. Imagine Company A has been using a distinctive and well-known company logo on its product for...more

Second Circuit: Facebook Shareholders Lack Standing for Derivative Suits Challenging Pre-IPO Statements

Earlier this week, a U.S. Court of Appeals for the Second Circuit opinion reinforced that federal courts take standing in derivative actions quite seriously, particular when the alleged director misconduct predated the IPO....more

Beme, or BeHBO / BeShowtime / BePayPerView?

It has been a tumultuous year for copyright owners. The old cliche is “if you love something, set it free,” but it seems plenty of third parties are happy to take on that task when it comes to copyrighted content....more

The Facebook Warrant Decision

Last week a New York state appeals court recognized that “Facebook users share more intimate personal information through their Facebook accounts than may be revealed through rummaging about one’s home.” Nonetheless, the...more

US Court of Appeals Rules Pocket Dial Calls Fail to Exhibit an Expectation of Privacy

Florida Statute § 934.03 regarding interception and disclosure of wire, oral, or electronic communications closely mirrors the United Code 18 U.S.C. § 2511(1)(a), which clearly sets forth the rights to privacy regarding...more

Eighth Circuit: Purpose, Not Content, Determines TCPA Coverage of Calls as “Telemarketing”

Phone calls made to promote a movie constituted “telemarketing” under the Telephone Consumer Protection Act (TCPA) even though the two prerecorded messages left on the plaintiffs’ home phone line made no reference to the...more

Consumer Group Asks FTC to Adopt EU’s Right to be Forgotten

Last year we wrote about the EU’s adoption of an individual’s “right to be forgotten”, which gives Europeans the right to require search engines to remove information about them from search results for their own names, if the...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

California Bill Requiring Mobile, Cloud Search Warrants Advances

On July 14, 2015, the California Electronic Communications Privacy Act (“Cal-ECPA”) unanimously passed the California State Assembly’s public safety committee. The bill would forbid warrantless cellular “stingrays” as well...more

Facebook Wins First Round of European Class Action Privacy Battle

Facebook has won its latest class action case in a long-running legal battle involving 25,000 European Facebook users. The class action was led by Austrian law student and privacy campaigner Max Schrems, and alleged that...more

Turkey Officially Permits the International Transfer of Personal Data in Telecommunications Sector

In 2012 Turkey’s telecommunications sector regulator, the Information Technologies and Communication Authority (“ICTA”), issued a new regulation on the Processing of Personal Data and Protection of Privacy in the Electronic...more

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