Communications & Media Updates

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
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California Passes Revised Uniform Fiduciary Access to Digital Assets Act

On September 24, 2016, the Governor of California approved the California Revised Uniform Fiduciary Access to Digital Assets Act, which “would authorize a decedent’s personal representative or trustee to access and manage...more

CA Governor Signs Bill Allowing Actors to Delete Their Age from Online Profiles

On September 24, 2016, California Gov. Jerry Brown signed A.B. 1687 – a measure aimed at preventing age discrimination against film, television, and other professionals in the entertainment industry whose ages could be viewed...more

Is Chinese Investment in the U.S. Film and Entertainment Industry the Next Area of CFIUS Scrutiny?

U.S. lawmakers recently submitted a letter to the Government Accountability Office (GAO) raising concerns about increased Chinese investments in the U.S. film and entertainment industry and questioning whether the Committee...more

Uber Announces Use of Facial Recognition Technology for Passenger Safety

In an attempt to reduce fraud and boost passenger safety, Uber is implementing facial recognition technology beginning on September 30. Before starting a driving session, Uber drivers will now be asked to take a photo of...more

“Human Intervention” in Calling System Dooms Plaintiff’s TCPA Claim

Another Florida district court, another favorable ruling for companies facing TCPA lawsuits. In Pozo v. Stellar Recovery Collection Agency, Inc., U.S. Magistrate Judge Anthony E. Porcelli granted summary judgment for...more

Can Using Social Media Lead to a Lawsuit? (Part 3)

In this third and final part of this blog series, I will address the intersection of social media and intellectual property rights, as well as how and when social media may be used as evidence during trial....more

IP Newsletter - Superintendency of Industry and Commerce orders TV advertisement pulled for unsupported claims

Colombia's Superintendency of Industry and Commerce, in Resolution 59176 of 2016, issued an order that the Colombian Association of Consumer Education cease airing a TV advertisement that contained misleading statements about...more

European Commission gives preliminary views on competition issues in e-commerce

On 15 September the European Commission published its Preliminary Report on the E-commerce Sector Inquiry. The Commission has conducted a wide ranging survey of manufacturers, distributors and retailers, price comparison...more

FTC Holds Workshop on Effective Consumer Disclosures

The Federal Trade Commission (FTC) held a workshop last week on the effectiveness of consumer disclosures. Titled “Putting Disclosures to the Test”, the workshop featured a series of presentations on recent academic,...more

Breach Notification law: Yahoo’s Breach and the Duty to Disclose

Last week, Yahoo disclosed that in 2014 it suffered one of the largest data breaches in history, with at least 500 million Yahoo accounts compromised.  Given the timing of its acquisition deal with Verizon, Yahoo has been...more

Second Circuit Denies Section 230 Immunity for Acts of Affiliate Marketers

The Second Circuit became the third federal appellate court ever to deny immunity under Section 230 of the Communications Act, 47 U.S.C. § 230, which provides broad protection for content supplied to websites by their users....more

21 States File a Lawsuit Challenging the USDOL’s Revisions to the White Collar Exemptions

On September 20, 21 states filed a lawsuit against the U.S. Department of Labor in the U.S. District Court for the Eastern District of Texas, challenging the USDOL’s revisions to the white collar exemptions under the Fair...more

FCC Enforcement Monitor ~ September 2016

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 includes:...more

Regulators and Industry Thought Leaders Discuss Issues in Social Media Advertising - Highlights from "The FTC, Native Advertising...

Holland & Knight and the Word of Mouth Marketing Association (WOMMA) on Sept. 21, 2016, held an informative, half-day seminar featuring presentations and a panel discussion of trends and forefront regulatory compliance issues...more

South Africa Newsletter - September 2016

South Africa’s diverse economy, strategic role in Africa and political history create a unique business and regulatory environment. The Dentons South Africa Newsletter will help you keep abreast of issues that affect doing...more

District Courts Find Impermissible “Fail-Safe” Class Definitions But Deny Motions to Strike Class Allegations

Two recent decisions from the Eastern District of Illinois involving the Telephone Consumer Protection Act (TCPA), decided a day apart, provided valuable insight as how this court will respond to motions to strike class...more

Hedge Fund Wins $40 Million Defamation Judgment

Following a three-week trial in New Jersey Superior Court, a jury awarded $40 million to NuWave Investment Corp., a hedge fund based in Parsippany, New Jersey. The case centered around reports provided to prospective...more

Social Copycats: Is a Social Media User Infringing On Your Intellectual Property Rights?

Social media platforms present great opportunity for brands to gain visibility and attract followers.   But what if another user is using your brand name or a confusingly similar brand name to promote a competing business?...more

GMO Food Labels, Our Emotions and the “Rationalist’s Delusion”

Politicians often referred to a 90% consumer preference for food labels signaling the existence of genetically modified ingredients—or GMOs as they are known—during this year’s congressional hearings regarding the now enacted...more

Food For Thought: How Delivery-Only Food Service Is Impacting Retail Real Estate

Today’s consumer is a tricky one – she is impatient and demanding. She requires excellent service in the blink of an eye (or perhaps, more appropriately, in the swipe of a finger), and likes to eat meals made with high...more

Encryption: Ensuring the Right to Privacy in the Information Age?

On December 2nd, 2015, a tragic mass shooting occurred in San Bernardino, California. The attack resulted in 14 deaths and severe injuries to 22 others. The attackers, a married couple, targeted the husband’s workplace – the...more

FDA to Redefine “Healthy;” Requests Public Comment and Issues New Guidance

FDA hinted in May that it was planning to reconsider its longstanding and controversial criteria for using the term “healthy.” Today, it announced the beginning of the formal process to make changes to the definition of the...more

News from AGG's Retail industry Team - Fall Edition

Pop-Up Retail Shops: Considerations to Keep You Ahead of the Latest Trend Traditionally, pop-up shops have largely been utilized by seasonal retailers. Many consumers have go-to stores for Halloween costumes or...more

CFPB and California DBO Settle with Online Lender Over Alleged Misrepresentations

On September 27, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into a consent order with an online lender, after a joint investigation with the California Department of Business Oversight...more

FTC Wins Health Benefit-Related Deceptive Advertising Lawsuit

The Federal Trade Commission (“FTC”) recently prevailed in a deceptive advertising lawsuit against COORGA Nutraceuticals Corporation (“COORGA”) and its principal. The judgment provides for, among other things, a monetary...more

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