Communications & Media Civil Procedure

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Washington Supreme Court Announces New Rule on Attorney-Client Privilege: Post-Employment Communications Between Corporate Counsel...

In a 5-4 decision, the Washington State Supreme Court ruled that the attorney-client privilege does not shield post-employment communications between corporate counsel and the corporation’s former employees. In Newman v....more

The Eight (8) Things YOU Need to Know About This Week’s Big Oral Argument on the ACA Appeal of the FCC’s TCPA Omnibus Ruling

Hello again, TCPA-landers. Divya and I had the opportunity to attend the big oral argument before the DC Circuit Court of Appeals on Wednesday. This was a spectacle that did not disappoint. The advocacy was superb, the...more

Washington Supreme Court: Corporate Attorney’s Communications with Former Employees Not Privileged

The Supreme Court of Washington recently held that the attorney-client privilege does not protect a corporation’s attorney’s communications with former employees of the corporation, even if the communications concern events...more

Class Action Age Discrimination Case Against Google Moves Forward

A software developer in California recently prevailed in a key ruling regarding her lawsuit against Google. The developer, Cheryl Fillekes, originally brought a suit against the multinational technology company in 2015,...more

Locksmith Locked Out By Communications Decency Act

The Communications Decency Act (“CDA”) provides broad immunity for “providers of interactive computer services.” In essence, if an internet service provider falls within certain parameters, it is entitled to immunity against...more

Illinois District Court Denies Motion to Certify TCPA Class Action

In the consolidated cases Espejo v. Santander Consumer USA Inc., No. 11 C 8987, 2016 WL 6037625 (N.D. Ill. Oct. 14, 2016) and Levins v. Santander Consumer USA Inc., No. 12 C 9431, 2016 WL 6037 (N.D. Ill. Oct. 14, 2016), the...more

Second Circuit Upholds Refusal To Compel Arbitration Due To Unavailable Forum, Recognizing Split In Federal Circuits

A borrower had previously entered into three payday loan agreements that contained arbitration provisions mandating that all claims be arbitrated in the National Arbitration Forum (NAF), and under the Code of Procedure of the...more

D.C. Circuit Weighing FCC’s Controversial 2015 TCPA Declaratory Ruling

Yesterday, a panel of the D.C. Circuit—composed of Judges Srinivasan and Pillard and Senior Judge Edwards—heard argument in ACA International v. FCC, the consolidated appeals from the FCC’s 2015 Declaratory Ruling and Order,...more

Citing an “Enforcement Gap,” FTC Seeks Rehearing En Banc of Dismissal of AT&T “Throttling” Case

On October 13, 2016, the Federal Trade Commission (FTC) filed a petition in the U.S. Court of Appeals for the Ninth Circuit requesting a rehearing en banc of the court’s decision in the FTC’s case against AT&T alleging that...more

S.D. Cal. Shows No Love for Aphrodisiac Class Certification

A class action claiming that a diet supplement was falsely advertised as being an aphrodisiac cries out for bad jokes and silly puns. Are we above all that? Er… sure. The supplement is called IntenseX. (Get it? Why don’t...more

Another judge rules Starbucks doesn't deceive with its ice

In a recent post about the rise in so-called “slack-fill” litigation, we discussed a California district court’s dismissal of a highly publicized lawsuit in which the plaintiff claimed that Starbucks’ iced beverages contained...more

Stuck in the Middle with the FTC

Legal actions regarding “Made in the USA” claims, whether prosecuted by the Federal Trade Commission (FTC) or through various state unfair trade practices acts, often settle early in the proceedings. For example, in 2014,...more

TCPA Health Care Exceptions Properly Applied In California

The Telephone Consumer Protection Act (“TCPA”) potentially touches just about every kind of business, including the business of selling prescription drugs. That is what the Northern District of California grappled with...more

TCPA Connect - October 2016

New Record Deal Reached in TCPA Settlement - In what could be the largest Telephone Consumer Protection Act settlement yet, a federal judge in the Northern District of Illinois signed off on a deal requiring three cruise...more

Electronic Frontier Foundation brings suit over anti-circumvention provisions in the DMCA

On July 21, 2016, the Electronic Frontier Foundation ("EFF") filed a complaint against various agencies and members of the U.S. government over Section 1201 of the Digital Millennium Copyright Act ("DMCA"), arguing that this...more

De-certifiably Natural – Ninth Circuit Finds “All Natural” Label May be Misleading While Upholding Class Decertification

The Ninth Circuit Court of Appeals recently reversed in part and affirmed in part a Northern District of California ruling concerning the “All Natural Fruit” labeling on Dole’s packaged fruit products. Brazil v. Dole Packaged...more

Key TCPA Ruling Rejects Plaintiff for Lack of Standing

In a positive development for financial institutions and other businesses looking to communicate with customers via phone, a federal district court dismissed a Telephone Consumer Protection Act (TCPA) suit based on the...more

Update on Data Breach and Data Privacy Class Actions Post-Spokeo

In May, the U.S. Supreme Court issued its opinion in Spokeo v. Robins, providing guidance on the “injury-in-fact” aspect of the constitutional standing requirement for putative class action plaintiffs. 136 S. Ct. 1540...more

St. Louis Taxi Commission Not Immune From Uber’s Antitrust Suit

As we’ve written, Uber, the popular app-based car service, has been on the antitrust defensive, facing allegations that its algorithm for calculating prices restricts price competition. In Wallen v. St. Louis Metropolitan...more

Practical Implications from the Federal Circuit’s Rare en Banc Reversal in Apple v. Samsung

In a precedential opinion issued en banc on Friday, October 7, 2016, the Federal Circuit overturned a panel decision, affirming and reinstating the district court’s judgment and the jury’s verdict. The majority opinion...more

FTC Targets Tech Support Companies for Deceptive Pop-Up Marketing

On October 12, 2016, the Federal Trade Commission (“FTC”) announced that a temporary restraining order had been issued by a court of law against five related tech support companies and their respective principals (the...more

The Tenth Circuit Affirmed Decision That Two Putative Class Actions Must Be Arbitrated

This dispute involves two cable subscribers (Andrew Alwert and Stanley Freedman) who filed putative class actions against Cox Communications Inc. for allegedly tying monthly set-top box payments to its premium cable services....more

PUT YOUR DOCS WHERE I CAN SEE THEM: Seattle Police Enjoined From Disclosing Software Secrets in Public Records Act Dispute

What happens when trade secret protections collide with laws granting public access to government records? This question took center stage in a recent case involving the Seattle Police Department (“SPD”). A federal district...more

Southern District of California Holds Charge for Incoming Call Does Not Create Standing to Assert TCPA Claim

Plaintiff filed suit, placing at issue a single call to his cell phone using an ATDS, and attempting to represent a class of similarly situated individuals. The only allegation in the Complaint arguably relating to injury was...more

Summary Judgment Granted in Tito’s “Handmade” Vodka Case

On September 27, 2016, the Northern District of Florida issued a decision in Pye v. Fifth Generation, Inc., N.D. Fla. No. 4:14cv493-RH/CAS, one of many false advertising class actions brought against the makers of Tito’s...more

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