Communications & Media General Business

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

These are perilous times in the apparel sector. What seems on the surface to be a contradiction–a series of underwhelming sales reports in apparel sales, coinciding with a dramatic and ongoing expansion in many types of...more

Changes in Requirements of Magnuson-Moss Warranty Act: Option to Provide Warranty Terms Online Pursuant to E-Warranty Act of 2015

Manufacturers of consumer products sold in the United States should be aware that recent changes in the federal statute governing consumer product warranties allow for more flexibility in how manufacturers can satisfy their...more

Employers Face Exposure for Cyberbreaches

A newly filed lawsuit in California and a recent decision from the U.S. Court of Appeals for the Seventh Circuit serve as reminders to employers that the protection of sensitive employee information from cyberthreats remains...more

Unions In The Digital Newsroom – Everything Old Is New Again

A recent string of successful organizing drives at several prominent digital news media outlets calls into question all those confident predictions about the inevitable demise of unionism in the information-age economy. ...more

China Supreme Court Has Spoken: Long Anticipated Decision on OEMs and Trademark Use

China has been the factory of the world for the past few decades. Countless foreign brand owners have taken advantage of the low-cost manufacturing environment and have flocked to the middle kingdom to source their goods –...more

The Essentials Of Domain Name Management For Companies

In the traditional scheme of intellectual property, companies tend to manage their trademark, copyright, and patent portfolios, whether in house or through outside counsel. However, it has become increasingly essential for...more

First Crowdfunding Portal Application Appears on EDGAR

CFS, LLC became the first crowdfunding portal application available on EDGAR. Actually, the initial application and two amendments are available. The company will conduct business under the name uFundingPortal and its website...more

OSHA Publishes Food Safety Whistleblower Final Rule

The U.S. Occupational Safety and Health Administration (OSHA) published its final rule April 18, 2016 setting forth the procedures for retaliation complaints arising under the Food and Drug Administration Food Safety...more

BNA Insights: Regulation Crowdfunding and Small Businesses: A Match Made in SEC-Regulated Heaven?

The Dawn of a New Era in Capital Formation - The need for crowdfunding regulation became apparent after the Securities and Exchange Commission issued a cease and desist order to stop a crowdfunding effort by two men...more

Socially Aware: The Social Media Law Update Volume 7, Issue 3

How To Protect Your Company’s Social Media Currency - Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it, is...more

The beginning of the end for national TV boundaries?

On 22 April 2016, the European Commission (“EC”) invited industry comment on the commitments proposed by Paramount Pictures International Limited (“Paramount”) in response to concerns raised by the EC. The EC’s concerns were...more

Automotive Law Group News: Appellate Court Win for Massachusetts State Auto Dealers Association

Murtha Cullina's automotive industry team achieved a victory on behalf of the Massachusetts State Automobile Dealers Association on March 17, 2016 when the Massachusetts Appeals Court voted unanimously to affirm the dismissal...more

How to Design a Document Retention Policy

Data minimization can be a powerful – and seemingly simple – data security measure. The term refers to retaining the least amount of personal information necessary in order for an organization to function. Less information...more

The Hidden Danger for Retailers Doing Business in New Jersey

Have You Heard About New Jersey’s Truth in Consumer Contract, Warranty and Notice Act? New Jersey’s Truth in Consumer Contract, Warranty and Notice Act, N.J.S.A. §56:12-18 (“TCCWNA”), is the basis for a recent flurry...more

Seventh Circuit Holds No Agreement Entered Into With Respect To On-Line Contract

This case arises from an appeal from an Illinois federal district court, which ruled that TransUnion, a credit reporting agency, did not give a putative class of its website users proper notice of an arbitration agreement,...more

Vacation rental websites create difficult choices for hotels

In just a few years, vacation rental websites have exploded onto the scene, commanding a significant market presence in the hospitality industry and redefining traditional “vacation rentals.” In particular, websites like...more

Cal PUC Issues New Rules for TNCs

At the voting meeting on April 21, the California Public Utilities Commission approved new regulations impacting the operations of Transportation Network Companies (TNCs), such as Lyft and Uber, within California. The “Phase...more

Food and Beverage Law Update: April 2016

Finance - PACA Liens Could Impact Financing Terms - The Perishable Agricultural Commodities Act (PACA) is a federal law enacted in 1930 with the goal of protecting suppliers and sellers of agricultural goods from...more

Do Kanye’s Words Speak Louder than Tidal’s TOS?

A Chicago law firm has challenged Jay-Z and Kanye West, filing a class action complaint for violations of the California Business & Professions Code, fraudulent inducement and unjust enrichment in the Northern District of...more

CFPB's Latest Action is Against the Co-Founders of a Lead Aggregator

On April 21 the Consumer Financial Protection Bureau (CFPB) brought its latest enforcement action by filing a civil suit in the United States District Court for the Central District of California (CDCA) against Dmitry...more

Do You Need Cyber Insurance or Will Your CGL Policy Be Enough?

In Travelers Indemnity Co. of America v. Portal Healthcare Solutions, LLC, the Fourth Circuit Court of Appeals reverses the recent trend of insurance companies avoiding any liability for data breaches under commercial general...more

Data Breach Suit Covered Under CGL Policy

Earlier this month in an unpublished opinion, the Fourth Circuit Court of Appeals found that Travelers Indemnity Company of America (“Travelers”) had a duty to defend its insured against a data breach suit under the terms of...more

Privacy Issues to Consider When Developing a Mobile App

Many of the most popular mobile apps collect personally identifiable information. Although most app developers are not required to display a privacy policy under federal law, they are contractually required to do so pursuant...more

National Programming Services Defeats Putative TCPA Class Action

In Friedman v. Nat’l Programming Servs., LLC, No. CV 15-4866, 2016 U.S. Dist. LEXIS 40575 (C.D. Cal. March 25, 2016), the Central District of California granted summary judgment in favor of the defendant, National Programming...more

News Flash: An Agreement Between Competitors to Limit Advertising/Marketing Violates the Antitrust Laws

For the second time in less than a year, the U.S. Department of Justice (DOJ) has filed an antitrust complaint against hospital systems that agreed to not advertise on billboards or in print in each other’s home county. Last...more

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