Communications & Media Civil Procedure General Business

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

Optical Express appeal highlights the need for caution over third-party marketing lists

In a decision of 31 August 2015, the First-Tier Tribunal provided important clarification on the use of third-party mailing lists. Optical Express v Information Commissioner (EA/2014/0014) is significant for organisations...more

Retail and Consumer Products Law Roundup - November 2015 #2

California Updates Data Security Laws - Why it matters: The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by...more

Breaking News: $6 Million Cox Communications Cable Box Jury Verdict Overturned

As we previously reported (click here, here and here to read more), last month, a jury returned a $6.31 million verdict for a class plaintiff in a suit alleging that Cox Communications had illegally tied its premium cable...more

Wall-to-Wall Ads: Florida Court’s Broad Definition of “Advertisement” Expands Scope of Advertising Injury Coverage

“Advertising injury” can be tricky. In theory, the term applies to the type of harm that can be inflicted through advertising media—defamation, disparagement, violation of privacy rights or misappropriation of intellectual...more

JCPenney Advertising Class Settlement Calls for $50 Million Payment for a California-Only Class

Retailers have been under siege, particularly in California, by putative class actions involving allegations of “false or misleading” advertising practices. Generally, the crux of the allegations is that retailers are...more

Laminate Flooring and Chinese Drywall: Where Are We Now?

On March 1, 2015, television news magazine “60 Minutes” aired a report concluding that Chinese-manufactured laminate flooring sold by Lumber Liquidators contained and “off-gassed” formaldehyde at levels exceeding health and...more

When Transparency Is Not Enough: Class Action Litigation Under California’s Transparency in Supply Chains Act

Passed in 2010, the California Transparency in Supply Chains Act has a worthy aim: requiring retailers and manufacturers doing big business in California to disclose what measures, if any, they are taking to ensure their...more

FTC Rebukes Its Prior Robinson-Patman Rulings in Clorox Amicus Brief

Last week the Federal Trade Commission, in an amicus brief before the Seventh Circuit in Woodman’s Food Market, Inc. v. Clorox Co., rejected two decades-old FTC decisions applying Section 2(e) of the Robinson-Patman Act....more

Facebook Posts Important Advertising Law Win

On October 30, 2015, Facebook, Inc. posted an important win in the Ninth Circuit Court of Appeals. In a non-precedential decision, the court upheld the federal district court’s dismissal of a complaint filed by a proposed...more

Fourth Age Limited v. Warner Bros. Digital Distribution Inc. - USCA, Ninth Circuit, October 28, 2015

Ninth Circuit affirms district court’s holding that Warner Bros. can assert counterclaims against estate of J.R.R. Tolkien in action over right to make digital merchandise based on Tolkien’s books, as counterclaims were...more

Insurance Recovery Law - November 2015

Despite Prior Suits, Policyholder Entitled to Coverage for DOJ Investigation - Why it matters: A policyholder was entitled to coverage for a Department of Justice (DOJ) investigation despite already facing possibly...more

Deceptive Pricing Class Actions Against Major Retailers on the Rise

Major retailers recently have faced a spate of class-action complaints alleging that they have engaged in misrepresentations and false advertising through the deceptive use of a marketing strategy known as “price anchoring,”...more

Jury Returns Verdict in Cable Box Antitrust Suit in Favor of Cox Subscribers

We reported earlier today that the jury began deliberations this past Monday in the antitrust class action lawsuit against Cox Communications brought by its premium services subscribers. ...more

Third Circuit Announces Coverage-Defeating First Publication Rule

On October 23, 2015, the United States Court of Appeals for the Third Circuit issued a ruling that may make it more difficult for Pennsylvania policyholders to obtain coverage for the misappropriation of advertising ideas...more Hit With Independent Contractor Misclassification Class Action Lawsuit By Delivery Drivers

Amazon is the latest tech company to be sued in a proposed class action by drivers delivering its products – in this case, goods to be delivered within two hours of being ordered through Amazon’s “Prime Now” app. The drivers...more

Food for Thought: Federal Court Says Subway's Sandwiches Must Measure Up

A federal court judge from the Eastern District of Wisconsin gave preliminary approval to a settlement of the consumer class action lawsuit alleging that Subway deceptively and fraudulently advertised and sold “six-inch and...more

A Yarn Spun, But Advertising Not Tailored to a Lanham Act Claim

In a recent application of the Supreme Court’s 2014 Lexmark decision on standing, the Court of Appeals for the Third Circuit held last month that a yarn retailer who alleged it was misled by its supplier into purchasing...more

TCPA Connect - October 2015

After FCC Citation for TCPA Violations, Lyft Changes Terms of Service - Less than a week after the Federal Communications Commission cited Lyft for violating the Telephone Consumer Protection Act by requiring customers...more

Struggle At The Supreme Court Over Arbitration Clauses

The U.S. Supreme Court returned to familiar territory last week in DirecTV Inc. v. Imburgia (argued Oct. 6, 2015): the enforceability of an arbitration clause in a consumer contract containing a class action waiver. But...more

Post Danmark II: An ‘Evolution’ Rather Than a ‘Revolution’ in the Assessment of Rebates

The EU Court of Justice has handed down its much-awaited preliminary ruling in Post Danmark II. This ruling marks an ‘evolution’ rather than a ‘revolution’ in the assessment of rebates under Article 102 TFEU. While...more

Ties that Bind: Trial Date Nears for Cox Communications on the Legality of Linking Access to Premium Cable Services and...

Trial is set for October 13th on an antitrust class action lawsuit alleging that Cox Communications used its monopoly power over premium cable services in Oklahoma City to force consumers to rent its set-top box. The trial...more

Royalty Allocations for Royalty Pools Must Be Well Reasoned and Based on a Record - Settling Devotional Claimants v. Copyright...

Addressing the reasonableness of the Copyright Royalty Board’s (Board) decision allocating a pool of royalties among several parties for the retransmission of copyrighted material by cable system operators, the U.S. Court of...more

Ascertainability And TCPA Class Actions

An essential requirement for certifying a class under Rule 23 is a means for presently ascertaining who is or is not a member of the proposed class. A trio of recent district court decisions has applied this ascertainability...more

Insurance Company Not Required To Defend Its Insured Against Illegal Recording Of Telephone Communications Class Action Lawsuit

On September 29, 2015, the United States Court of Appeals for the Seventh Circuit affirmed the district court’s order of dismissal and determined that First Mercury Insurance Company (“First Mercury”) did not have a duty to...more

The Complications of Copyrighted Images in the Yellow Pages - Yellow Pages Photos, Inc. v. Ziplocal, LP

Reviewing a spectrum of copyright-related issues following the conclusion of a jury trial, the U.S. Court of the Appeals for the Eleventh Circuit affirmed the district court, concluding that willful copyright infringement...more

349 Results
View per page
Page: of 14

Follow Communications & Media Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.