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Communications & Media Updates

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

December 31st Deadline for DMCA/OCILLA Designated Agent Renewal Approaching

The U.S. Copyright Office has implemented a new electronic system for registering agents designated to receive notifications of claimed copyright infringement, under Section 512 of the Digital Millennium Copyright Act...more

SEC Wants the Truth and Nothing but the Truth in Advertising

Tell the truth, the whole truth, and nothing but the truth: that’s the message to registered investment advisors from the Office of Compliance Inspections and Examinations (OCIE) in a recent risk alert about the SEC’s...more

Ocwen Predictably Reaches High-Dollar TCPA Settlement Following Class-wide Preliminary Injunction

by Dorsey & Whitney LLP on

By the time the gavel struck back on June 26, 2017, another high-dollar TCPA settlement was inevitable. On that date, Judge Matthew F. Kennelly of the Northern District of Illinois entered an order preliminarily certifying a...more

UK publishes Data Protection Bill

by Dentons on

On Thursday 14 September 2017, the UK published its new Data Protection Bill. It comes with much fanfare that it will underpin a world class privacy regime for the UK, give individuals more control over their data, support...more

UK Defamation: when words seriously harm

by Hogan Lovells on

Evidencing in court that a defamatory statement has caused harm to your reputation can be notoriously difficult. The courts in the UK have therefore traditionally proceeded on the basis that, where a statement is proven to be...more

A Spam Story - How One Law Firm's Spam Blocker Proved Costly to Them and to Their Client

by Rumberger Kirk & Caldwell on

The Mailbox Rule is a contract law principle concerning acceptance of an offer. The rule relies on the concept that once a party places a legal document in the postal system, it will arrive at its destination and be read by...more

#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements

In 2017, being a “social media influencer” can mean big bucks. Companies are increasingly eager to pay individuals with large social media followings substantial sums to promote products in the hopes of reaching millions of...more

The Devil is Really in the Details: FDA Issues Warning Letter to a Drug Company for Disseminating False and Misleading Information

by Arnall Golden Gregory LLP on

They’re back. The Food and Drug Administration’s Office of Prescription Drug Promotion (OPDP), which has been relatively quiet on the enforcement front, issued a Warning Letter to a pharmaceutical company for distributing...more

AD-ttorneys@law

by BakerHostetler on

Tom “Syndicate” Cassell and Trevor “TmarTn” Martin serve up high-octane reviews and commentary on games and gaming culture on YouTube. Both are wildly popular – Cassell’s YouTube channel is one of the top 100 subscribed...more

FCC Seeks to Create Uniformity in Formal Complaint Processes

by Kelley Drye & Warren LLP on

This week, the Federal Communications Commission (“FCC” or “Commission”) released a Notice of Proposed Rulemaking (“NPRM”) to increase uniformity among several diverse sets of FCC complaint procedures. Today, there are three...more

FTC Makes New Strides in Social Media Influencer Space with Settlement, Warnings, and Guidance

by Reed Smith on

This month, online gaming social media influencers Trevor Martin and Thomas Cassell settled the Federal Trade Commission’s first charges against individual failure to disclose material information in social media...more

SEC Issues Guidance on Investment Adviser Advertising Rule

by Dorsey & Whitney LLP on

On September 14, 2017, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) issued a new Risk Alert outlining the most frequent compliance issues relating to Rule 206(4)-1 (the “Advertising Rule”) under the...more

Rulings, Orders, Settlements – August 4, 2017

by Perkins Coie on

Court Denies Motion to Dismiss for Non-Functional Slack-Fill Class Action - White v. Just Born, Inc., No. 2:17-cv-4025 (W.D. Mo.): The Court issued an order denying Defendant’s motion to dismiss this putative...more

Calling President An Idiot May Be Protected Speech (But Maybe Not)

by Shipman & Goodwin LLP on

“President Trump is a Big Fat Idiot” or, for that matter, “Secretary Clinton is a Sore Loser.” Let’s suppose you see one of your employees tweeting one of these expressions on Twitter during non-work hours from a personal...more

Utility Patents in Fashion Design? Nike & Huzu Innovate The Way

by Knobbe Martens on

Edited by Catherine Holland   What is a Utility Patent? Utility patents cover a new and useful process, machine, manufacture, or composition of matter.  Design patents are much more common in the fashion industry since design...more

General Data Protection Regulation (GDPR) Series, Part #3: GDPR Consent and Fair Processing

The General Data Protection Regulation (GDPR) (EU) 2016/679 of 27 April 2016 which comes into force in May 2018, will introduce major changes to the law on the processing of personal data in the European Union. Over the next...more

Proposed Fourth Quarter 2017 Universal Service Fund Contribution Factor Jumps – Poised to Hit New High

by Kelley Drye & Warren LLP on

On September 12, 2017, the Federal Communications Commission’s (Commission) Office of the Managing Director (OMD) released a Public Notice proposing a universal service fund (USF) contribution factor of 18.8% for fourth...more

IBA Self-Regulatory Principles at Center of BBB Decision

by Reed Smith on

Two digital advertising companies are the targets of a recent Better Business Bureau effort to enforce the industry’s self-regulatory principles. The interest-based advertising rules of the road require third parties to...more

Changes to Australia's Media Ownership Regime Pave Way for Mergers and Acquisitions

by Jones Day on

The Australian government has secured the long-awaited support it needed from independent Senate cross-benchers to make sweeping changes to Australia's media ownership laws. ...more

FTC Takes Hard Line on Social Media Endorsements: Disclose, Disclose, Disclose... (It Matters Given Growing Reliance on Social...

The Federal Trade Commission (FTC) has unequivocally signaled this month that compliant endorsements on social media remain a high priority for this US consumer protection agency because endorsements carry weight and affect...more

Worried About Fake News? You Should Really Worry About Fake Drugs

While the concept of “fake news” continues to trigger Twitter followers and grab headlines, the trade in counterfeit drugs is a worldwide problem of significant scale. This article discusses the problem and talks about some...more

Opening the door for product placement in Hong Kong?

by Hogan Lovells on

On 4 September 2017, the Communications Authority of Hong Kong (“CA“) announced that it will review the relevant provisions in the codes of practice governing indirect advertising and product/service sponsorship (commonly...more

FCC Launches Proceeding to Examine 911 Capabilities of Enterprise-Based 911 Services on Multi-Line Telephone Systems

by Hogan Lovells on

The FCC intends to launch a new proceeding to examine issues related to 911 capabilities of enterprise-based 911 services provided over multi-line telephone systems (MLTS) and IP-based systems (collectively referred to as...more

OTA & Travel Distribution Update - Sep. 8th, 2017

by Garvey Schubert Barer on

This week’s update features a number of traditional “distributor” stories and updates on short-term rentals. We elected not to include a story involving the much-publicized leadership changes at Expedia (and Uber) as I’m sure...more

Social Media Success: Trends in Pharma Digital Strategies

by Knobbe Martens on

Information, the majority (73%) of pharmaceutical marketing teams expect to use or continue to use the popular social media forum Facebook to facilitate their digital marketing strategies over the next one to two years....more

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