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Second Circuit Adopts FCC’s Narrow Construction of “Implied” Express Consent for Autodialed Calls to Cell Phones

This updates our report last summer on a Federal Communications Commission (FCC) letter brief filed at the invitation of the U.S. Court of Appeals for the Second Circuit in Nigro v. Mercantile Adjustment Bureau, which...more

Tennessee SaaS Ruling Highlights Telecommunications Concerns for SaaS Providers

The Tennessee Department of Revenue recently released Letter Ruling No. 14-05, in which it considered whether certain cloud collaboration services are subject to the state’s sales tax. At a high level, the provider’s...more

Telephone Consumer Protection Act Express Consent Narrowed Again

Albert Nigro just wanted to turn off his deceased mother-in-law’s electricity. He called the electric company, but it required that he provide his mobile telephone number to disconnect service. It turned out though that the...more

Canada’s Anti-Spam Legislation is in Effect – Now What?

Canada’s onerous anti-spam legislation (CASL) came into force on July 1, 2014, but there has not been any news on enforcement activity by the regulators. However, that is not due to a lack of opportunity – by the end of...more

Japan – Amendments to the METI Guidelines on Electronic Commerce and Information Property Trading

The Ministry of Economy, Trade and Industry of Japan (“METI“) recently revised the Interpretative Guidelines on Electronic Commerce and Information Property Trading (“Guidelines“), which apply to all online business...more

German Retail Investor Protection Act

The German Federal Ministry of Finance published the draft Retail Investor Protection Act (Kleinanlegerschutzgesetz, or Act)1 on 28 July 2014. The Act is intended to strengthen the protection of German retail investors – in...more

Debt Collector’s Automated Calls Did Not Fall within TCPA’s ‘Prior Express Consent’ Exception, Second Circuit Holds

Yesterday, the Second Circuit held that a plaintiff did not provide his “prior express consent” under the federal Telephone Consumer Protection Act (TCPA) to automated calls to his cell phone when he gave his cell phone...more

Just the Fax: Illinois Appellate Court Concerned That TCPA Settlement Between Insured and Class Action Plaintiffs May Be Collusive

An all too familiar scenario: an insurer believes there is no coverage for a claim, but has a duty to defend its insured. In these situations, an insurer often pays for the insured’s independently-selected defense counsel and...more

In Case You Missed It - Interesting Items for Corporate Counsel

The SEC reminded everyone that, yes, it cares whether you timely file your Section 16 reports, by announcing enforcement actions against 28 Section 16 filers and six public companies here. Some tie the unprecedented...more

BELGIUM: Belgian government’s new focus on privacy and technology laws

Almost five months after federal parliamentary elections took place, the negotiators from the four political parties around the negotiating table (Flemish parties NVA, CD&V and Open VLD and Walloon party MR) reached a...more

Building Brand Equity: Crowdfunding and the Retail Industry

Ask anyone who follows innovation what topics are hot and it is likely most of them will say “crowdfunding.” By now, sites like Kickstarter and IndieGoGo have created thousands of loyal followers. In recent months even the...more

Manatt Digital Media - October 2014

Hashtags and Ads: Top 10 Legal Considerations for Brands Involved in Digital and Social Media Advertising - In today’s competitive marketplace, brands are relying heavily on social media and other digital methods to...more

Draft Hong Kong Competition Guidelines Released for Public Comment

Industry has an opportunity to comment on the Competition Commission’s proposed Guidelines on how it intends to interpret and enforce the conduct rules in Hong Kong’s Competition Ordinance. Introduction - Hong...more

Brand Experience

The Atlantic’s recent article, Buy Experiences, Not Things, addresses the fact that while, as consumers, we tend to think we want more material things, what really makes us happy are experiences. Anticipating experiences,...more

CPSC Clarifies Changes to Monthly Recall Report Form

In May, we advised readers conducting recalls that the CPSC’s new monthly “recall progress report” form may catch you by surprise. Among other changes, the form included new provisions requesting companies to report recall...more

SEC Division of Corporation Finance Issues New C&DI Related to Rule 147 and Website/Social Media Use

On October 2, the Securities and Exchange Commission’s Division of Corporation Finance issued a new Compliance and Disclosure Interpretation (C&DI) regarding whether an issuer of securities may use its own website or social...more

Marriott signs FCC Consent Decree and agrees to pay $600,000 civil penalty for Wi-Fi blocking

Have you ever wondered why your cell phone or personal Wi-Fi hot spot does not seem to work in some hotels? As more business and leisure travelers equip themselves to stay in constant communication with their work...more

Do Good Deeds, Go Unpunished: Legal Pitfalls And Practice Tips For Cause Marketing

“Join in the fight against breast cancer!” Each October, store shelves are filled with pink products and pink packaging in honor of Breast Cancer Awareness Month. Businesses across a variety of industries solicit...more

Recent SEC Interpretations Facilitate Intrastate Crowdfunding

The SEC has recently issued interpretations regarding Rule 147. This rule provides a safe harbor under Section 3(a)(11) of the Securities Act of 1933, as amended, which exempts from federal registration securities offered...more

Promotional Allowances in a New Retail Environment: FTC Revises its Fred Meyer Guides

The Commission revised its guidelines for interpreting and complying with the Robinson-Patman Act to account for changes in technology and methods of marketing that have taken place since the last revision in 1990, including...more

Plugged-In Furniture - What's Past Is Prologue

As furniture becomes more and more tech-driven (e.g., USB ports, chargers, coolers, etc.) we can sometimes forget that claims to advancements in the basic sofa have been around for some time. Today's Westlaw's "Headnote of...more

It’s 11:30 PM, do you know where your data is? Privacy & Connected Devices

This marks the second week of National Cyber Security Awareness Month, and one focused on the Secure Development of IT Products, so it seems only appropriate to discuss security and The Internet of Things and a recent panel...more

Electricity Reform in Mexico: New Opportunities and Roles

Although much of the buzz around Mexico's energy reform focused on the oil & gas sector, the Mexican power sector also underwent a fundamental change. Together with eight new and twelve amended federal laws, Mexico's...more

New C&DI Published on Intrastate Exemption

Last week, the SEC Staff posted the following C&DI relating to Rule 147 compliance when an issuer uses its own website in connection with a securities offering....more

Legal Alert: Eleventh Circuit Reverses Outlier Decision on TCPA Prior Express Consent Standard

The U.S. Court of Appeals for the Eleventh Circuit has clarified the standard for “prior express consent” under the Telephone Consumer Protection Act (TCPA) in a September 29, 2014 decision reversing an outlier ruling by a...more

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