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Communications & Media Updates

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

Advertising Law - July 2017 #4

‘World’s Best’ Is Puffery, Not Objectively Provable Claim - The claim “World’s Best Glass Cleaner” is puffery, the National Advertising Division decided in a challenge brought by S. C. Johnson & Son Inc. against advertiser...more

Data Security Is More Than an IT Issue, The Data Report Episode 2

Data security isn’t only about technology or privacy; it’s also about consumer law. Litigation attorney Jay Ward discusses the growing number of companies facing enforcement actions over failing to safeguard their customers'...more

Information Is Currency, The Data Report Espisode 1

Safeguarding, managing, controlling, and understanding your information is both valuable and vital. Litigation attorney Jay Ward begins building the foundation for understanding more complicated aspects of information...more

New Privacy Guidelines Now Effective in South Korea: Online Customized Ads; Smartphone App Access Rights

by WilmerHale on

Two new privacy guidelines are now effective in South Korea. Earlier this year, the Korea Communications Commission (KCC) published “Privacy Guidelines for Online Customized Ads” (Korean language link) and a “Privacy Guide...more

File Not Found: Lack of Fax or Call Logs Doom Class Ascertainability in TCPA Cases

What is seemingly a growing divide between circuits has developed on the appropriate standard for assessing ascertainability in federal class actions, including Telephone Consumer Protection Act (TCPA) class actions....more

One click away from a marketplace ban?

by Dentons on

Luxury brands can lawfully prevent their authorised dealers from selling their products on third party online platforms such as Amazon.com and eBay, according to Advocate General Wahl's Opinion for the European Court of...more

More Followers, More (Potential Sponsorship) Problems – What Brands Should Keep In Mind When Sponsoring YouTube Gurus, Instagram...

by Butler Snow LLP on

The FTC recently reviewed numerous Instagram posts by celebrities, athletes, and other social media influencers, and sent out more than 90 letters to those individuals to remind them to “clearly and conspicuously disclose...more

FCC Opens Up 76-81 GHz Band for Cutting-Edge Vehicular Radar Applications

by Davis Wright Tremaine LLP on

Recognizing that vehicular and airport-based radar systems designed to prevent collisions should be free from interference and should be permitted to operate at optimum frequency levels, the FCC, in a Report & Order released...more

FCC Enforcement Monitor ~ July 2017

by Pillsbury - CommLawCenter on

Pillsbury’s communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue...more

State Governors Sign Cybersecurity Compact

by Williams Mullen on

The National Governors Association (NGA), recently announced that 38 governors had signed “A Compact to Improve State Cybersecurity.” In announcing the Compact, Virginia Governor Terry McAuliffe, outgoing chair of the NGA,...more

Down, but not out – initial adverse decision not a bar to future recovery of .ca domain name

by Smart & Biggar on

A pair of recent decisions under the Canadian Internet Registration Authority (“CIRA”) Domain Name Dispute Resolution Policy (“CDRP”) demonstrate that a trademark owner who fails to obtain a domain name transfer at a first...more

The Crisis of Free Speech on Campus: Not Fake News

by Jackson Walker on

A recent column in the Detroit News, by John Patrick Leary, an assistant professor of English at Wayne State University, advanced the proposition that concern over the recent protests on campus over free speech is a...more

Mexico's "Red Troncal" project

by White & Case LLP on

General Guidelines for the Red Troncal Project - On July 17, 2017, Telecomm issued preliminary general guidelines for the Red Troncal Project. This document outlined the general criteria through which Telecomm seeks to...more

Unusual IoT Hacking Shows Creativity of Hackers

Everything connected to the Internet is hackable and at risk. But there are some things connected to the Internet that you just don’t think of as risks to an organization. That is, until now. Darktrace has issued its report...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Lack of workable replacement (so far, at least) be damned—the UK’s Financial Conduct Authority has announced that [the scandal-plagued] Libor will be phased out by 2021 in favor of “transaction-based benchmarks”....more

Hotel Cybersecurity: Protecting your guests and your property from vendor data breaches

July was another notable month for hotel data breaches – on a single day, several well-known hotel brands and managers, including Four Seasons, Trump Hotels, Hard Rock Hotels & Casinos and Loews Hotels all announced that...more

Unsolicited Call Without Charge Held A Violation of TCPA

by Jackson Lewis P.C. on

Recently, the United States Court of Appeals was called upon to determine whether an unsolicited call that did not result in a charge to the consumer violated the Telephone Consumer Protection Act (“TCPA”) and, if it did, was...more

Rolling in the Regulations for Robo-Advisers

by Bryan Cave on

Robo-advisers have surged in popularity as people seek low-cost, automated investment opportunities. In a worldwide forecast, the number of people to use robo-advisory services is estimated to reach 95.4M by 2021 compared to...more

California Court of Appeal Puts a Small Crack in the Glass Door

by Stoel Rives LLP on

An employer who unfairly and inaccurately is slammed by a former employee (or maybe even a current employee!) on a job-posting or employer-rating website will often look to its lawyer for help. Surely the law protects...more

TCPA Connect - July 2017

Yet Another Blow to Spokeo Strategy in TCPA Cases - Consistent with the growing trend among lower federal courts, the U.S. Court of Appeals, Third Circuit recently reversed a district court order in Susinno v. Work Out...more

Alcohol and Tobacco Tax and Trade Bureau Announces Joint Operation Targeting Alleged “Pay-to-Play” Activities in Florida

by McDermott Will & Emery on

On July 20, 2017, the Federal Alcohol and Tobacco Tax and Trade Bureau (TTB) announced a joint operation it conducted with the Florida Department of Alcoholic Beverages and Tobacco (DABT) to investigate potential trade...more

Reminders: FCC Filings Due August 1, 2017

by Kelley Drye & Warren LLP on

Form 499-Q Quarterly Telecommunications Reporting Worksheet Carriers and providers of interstate and international telecommunications, including, but not limited to, interconnected Voice over Internet Protocol providers,...more

AD-ttorneys@law

by BakerHostetler on

Consumer David Greenstein is pursuing excessive slack-fill claims against the producer of popular puffed rice and corn snack food Pirate’s Booty. Greenstein, who is representing himself in the lawsuit, claims to have...more

Trending: Website Accessibility Lawsuits Under Americans With Disabilities Act On The Rise

by Jackson Lewis P.C. on

For years, lawsuits under Title III of the Americans with Disabilities Act concerning places of public accommodation were confined to brick-and-mortar physical barriers, such has steps, excessive slopes in parking lots, and...more

Commissioner O’Rielly Again Targets Pirate Broadcasters and Their Supporters to Walk the Enforcement Plank

by Kelley Drye & Warren LLP on

Commissioner Michael O’Reilly called for stronger enforcement action to combat unauthorized “pirate” radio broadcasters in a statement before the Communications and Technology Subcommittee of the House Energy and Commerce...more

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