News & Analysis as of

Communications & Media Conflict of Laws

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

hiQ Labs, Inc. v. LinkedIn Corp.: A Federal Court Weighs in on Web Scraping, Free Speech Rights, and the Computer Fraud and Abuse...

by Ropes & Gray LLP on

In recent years, a number of firms in a variety of industries have utilized automated research methods, including web scraping tools and certain forms of artificial intelligence such as bots, to gather information from a...more

Food & Beverage Litigation Update | August 2017 #3

As plant-based beverages appear on more store shelves, the definition of “milk” has become the center of a dispute involving legislatures, regulators, litigators and industry groups. Shook Partners Katie Gates Calderon and...more

Cannabis Trademark Opposition: A Fanciful Counterfactual Illustration

by Revision Legal on

Parties file oppositions against pending trademark applications for a wide variety of reasons. Often, a party filing an opposition or requesting an extension of time to do so will contact the Applicant before filing or at the...more

Food & Beverage Litigation Update | June 2017 #2

Seattle Approves Tax on SSB Distributors - The Seattle City Council has approved a tax on distributors of sugarsweetened beverages (SSBs) proposed by the city’s mayor. SSBs covered by the tax include sports, fruit, energy...more

Will We Have a Hodgepodge of Menu Labeling Laws?

by Davis Wright Tremaine LLP on

Now that the FDA has (yet again) decided to delay enforcement of its menu labeling regulations for another year (and possibly to change the regulations entirely), one question seems to be on everyone’s minds: will we need to...more

Colorado Moves to Dismiss Suits Seeking Judgment That Bank-Originated Loans Facilitated and Serviced by Online Platforms Are...

As we noted in a recent Alert, WebBank and Cross River Bank filed separate federal civil actions to enjoin the Administrator of Colorado's Uniform Consumer Credit Code from enforcing state lending laws against Avant, Inc. and...more

Facebook Successfully Dismisses Putative Class Action Alleging Violation of New Jersey’s TCCWNA Based on Choice-of-Law Clause in...

by Bryan Cave on

In Palomino v. Facebook, Inc., No. 16-cv-04329-HSG, 2017 WL 76901 (N.D. Cal. Jan. 9, 2017), two putative class representatives brought a claim on behalf of all “similarly situated New Jersey residents who created a Facebook...more

California Small Cell Bill Curtails Local Discretionary Review and Rates - Local Governments Need to Voice Their Concerns Before...

by Best Best & Krieger LLP on

Local governments should take action to oppose a California bill that will drastically curtail local discretionary authority over small cell deployments and mandate use of public property such as street light poles at...more

Litigation Alert: Ninth Circuit Rules on Copyright Preemption of Right-of-Publicity Claims

by Fenwick & West LLP on

Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are preempted by the Copyright Act “when a likeness has been captured in a...more

Banks Seek Judgment That Loans Facilitated By Online Platforms Are Exempt From Colorado Lending Laws

In the last two weeks, WebBank and Cross River Bank—federally insured banks chartered in Utah and New Jersey, respectively—filed separate federal court actions (WebBank Complaint; Cross River Bank Complaint) against the...more

The Need for Speed: FCC Circulates Proposal to Accelerate Broadband Deployment

On March 30, 2017, the FCC released a draft of a combined Notice of Proposed Rulemaking, Notice of Inquiry and Request for Comment designed to facilitate and accelerate the deployment of next generation broadband networks....more

Expect a Mess When Food and Class Actions Collide: Part 1

by Benesch on

Remember eating pasta and spaghetti sauce as a kid? Remember what it did to your shirt? Your face? Want to rekindle that memory? Two recent cases will help you revive it. One involves gumbo; the other, gourmet foods and...more

California’s Bill to Add Marijuana Trademark and Service Mark Classifications

by Wilson Elser on

On December 12, 2016, Assembly Bill No. 64 (AB 64) was introduced to California’s legislature, with the stated purpose of (1) furthering the intent of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), a...more

Copyright and Trademark Case Review: Copyright Preemption, Software-as-a-Service and Popularity on the Internet

by WilmerHale on

Copyright Decisions - Claim for Copying of Useful Article Design Preempted by Copyright Act: Ultraflo Corp. v. Pelican Tank Parts, Inc., No. 15-20084 (5th Cir. Jan. 11, 2017)...more

Billboards in Unincorporated Areas of California Subject to City, County Regulations

by Best Best & Krieger LLP on

Many of California’s roadways are littered with advertising. A question regarding oversight of roadside billboards, however, has long remained: Does the state have ultimate control or can municipalities weigh in on...more

Billboard Regulations: Cities and Counties

by Best Best & Krieger LLP on

No State Preemption of Local Billboard Regulations, California Appellate Court Finds - The Outdoor Advertising Act does not preempt local regulation of billboards, a California appellate court has ruled. In a decision...more

Hotly Anticipated Broadband Privacy Order Released by FCC

by Davis Wright Tremaine LLP on

On Nov. 2, 2016, the FCC released its long-awaited broadband privacy Order and rules by a 3-2 vote. The Order comes nearly 18 months after the Commission moved to reclassify broadband internet access service (“BIAS”) as a...more

When “Organic” is Not “Organic,” Even When the USDA Says It Is

by Barley Snyder on

Producers of agricultural products go to great lengths to achieve the U.S. Department of Agriculture’s “organic” label. Under the USDA’s National Organic Program (NOP), organic certification is a complex time-consuming...more

The Solicitor General Weighs in on Madden v. Midland

by Pepper Hamilton LLP on

The Solicitor General’s brief argues the Second Circuit’s holding was incorrect, but does not recommend a grant of certiorari. On May 24, the U.S. Solicitor General and the Office of the Comptroller of the Currency...more

Another Reason Why Medical Device Class Actions Don’t Work

by Reed Smith on

The Ninth Circuit filed a preemption opinion the other day that should help prevent the “foodification” of medical device litigation. That made-up word refers to the wasteful food-related class action litigation that has...more

New FDA Draft Guidance Helps Define the Scope of §510(k) Medical Device Preemption

by Reed Smith on

Earlier this month the FDA issued a draft guidance entitled “Deciding When to Submit a 510(k) for a Change to an Existing Device.” It’s long, and anyone interested in reviewing the whole thing can download it from the FDA’s...more

Sixth Circuit Says FCC Can't Preempt State Limits on Muncipal Broadband

In an August 10, 2016 ruling, the Sixth Circuit Court of Appeals reversed the FCC’s preemption of state laws in Tennessee and North Carolina which prevented municipal broadband providers from expanding their networks beyond...more

6th Circuit: Fed Agency Had No Authority to Preempt State-Law Limitations on States’ Activities

The U.S. Court of Appeals for the Sixth Circuit has decided a new federalism case. stopIn State of Tennessee, et al., v. Federal Communications Commission, decided on August 10, 2016, the Court of Appeals held that Section...more

CFPB Presents New Regulatory Requirements for Third-Party Debt Collectors

On July 28, 2016, the Consumer Financial Protection Bureau (CFPB) released an outline of proposals and alternatives under consideration for regulating debt collection practices. The outline’s release triggers the formation of...more

FCC Thwarted in Efforts to Preempt State Broadband Laws

by Perkins Coie on

The U.S. Court of Appeals for the Sixth Circuit has struck a major blow to the FCC’s efforts to remove barriers to broadband service and promote competition in broadband markets. In State of Tennessee v. FCC, the court...more

215 Results
|
View per page
Page: of 9
Cybersecurity

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 using*

Already signed up? Log in here

*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.