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Communications & Media Updates

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

Supreme Court Holds that First Amendment Protects Disparaging Trademarks

by Bass, Berry & Sims PLC on

This week, the U.S. Supreme Court emphasized the importance of broad free speech protection in striking down a statute that allows the U.S. Patent and Trademark Office (USPTO) to refuse registration of disparaging trademarks....more

FTC Submits Comments on IoT Security

by Morgan Lewis on

The Federal Trade Commission (FTC) submitted public comments to the US Department of Commerce’s National Telecommunications and Information Administration (NTIA) in connection with the NTIA’s draft guidance on improving the...more

EU General Data Protection Regulation – a survival guide for private equity

by Hogan Lovells on

To say that the EU General Data Protection Regulation (GDPR or the Regulation) will change the existing data protection framework in Europe is an understatement. In less than a year, an ambitious, complex and strict law will...more

Texas Passes Ban on Texting While Driving

by Littler on

On June 6, 2017, Texas became the 47th state to enact a state-wide ban on texting while driving. The new law (HR 62) prohibits drivers from reading, writing or sending electronic messages unless the vehicle is stopped. It...more

Food and Beverage News and Trends - June 2017

by DLA Piper on

Nonprofits sue FDA over delay in menu-labeling rule. On June 7, the Center for Science in the Public Interest and the National Consumers League filed suit in the US District Court for the District of Columbia against the...more

Advertising Law - June 2017 #4

Website, Mobile App Get Changes Thanks to CARU - A new decision from the Children’s Advertising Review Unit demonstrates the self-regulatory body’s efforts to work with a mobile application and website operator to ensure...more

Health Update - June 2017

HIPAA and Emerging Technologies - Editor’s Note: According to a HIMSS Mobile Technology Survey of healthcare provider employees, about 90% say they are using mobile devices to engage patients in their healthcare—and 36%...more

Queen Announces New UK Data Protection Bill

by Latham & Watkins LLP on

Following the commencement of the Brexit negotiations earlier this week, the Queen announced in her Speech [yesterday] a new law that will “ensure the United Kingdom retains its world-class regime protecting personal...more

THIS CHANGES EVERYTHING—Second Circuit Holds that Contractual Consent Provisions Cannot be Revoked

by Dorsey & Whitney LLP on

This is the biggest TCPA news since the Omnibus—a silver bullet to defeat most revocation cases was hiding in plain sight the entire time. It seems so obvious now. ...more

Supreme Court Declares First Amendment Interest in Access to Social Networks

by Fenwick & West LLP on

The internet has become so essential to American public discourse that saying so is almost trite now. Members of Congress regularly use social media to engage with constituents. The President has turned Twitter into one of...more

Advertiser Fined By FCC For Use Of Emergency Tones in Football Ads

by Reed Smith on

The FCC entered into a settlement late last month with TEGNA, Inc. (“TEGNA”) for $55,000. The case erupted after TEGNA used Emergency Alert System (“EAS”) tones in its television ad promoting the Jacksonville Jaguars NFL...more

The Draft 2018 ESL is out for Public Comment — FCC Seeks Comment on Category One Funding for Certain Equipment and Wiring

by Davis Wright Tremaine LLP on

The FCC’s Wireline Competition Bureau just released the draft eligible services list (“ESL”) for E-rate funding to be used to determine the eligibility of services and equipment for the 2018-2019 funding year, which will...more

Could Your Website Be Collecting Information from Kids? Federal Trade Commission Issues 6-Step Plan for Complying with the...

by Balch & Bingham LLP on

This month, the Federal Trade Commission (FTC) issued guidance for businesses operating websites and online services looking to comply with the Children’s Online Privacy Protection Act (“COPPA”). COPPA addresses the...more

Indiana Reverses Course on Telemedicine Prescribing and Controlled Substances Laws

by Foley & Lardner LLP on

Indiana has taken another step towards expanding the meaningful use of telemedicine in connection with clinical services and prescribing. HB 1337, signed by Governor Eric Holcomb and effective July 1, 2017, will allow...more

Privacy Tip #93 – Electronic Frontier Foundation Privacy Badger

I am from Wisconsin, so I am a Badger fan. Actually a double Badger fan, as I am a big fan of the Electronic Frontier Foundation’s (EFF) Privacy Badger. According to the EFF’s website, Privacy Badger “is a browser...more

Seventh Circuit Rejects Rule 67 Mootness Argument But Keeps Campbell-Ewald Full Deposit Maneuver Alive

by Dorsey & Whitney LLP on

Rien n’est eternel. Nothing lasts forever. In TCPAland, things don’t even last a week. Just days after a Chicago district court endorsed the tactic in A Custom Heating & Air Conditioning, Inc. v. Kabbage, Inc., 2017 U.S....more

Of "Likes" and Luck: Social media and gaming regulations

by Dentons on

It is increasingly common for companies to organise marketing promotions using social media, perhaps, due to the ease and relatively low cost of doing so. It may come as a surprise to some, that such seemingly innocuous...more

Messaging Apps May Face New Obligations in Russia

by Latham & Watkins LLP on

The State Duma, Russia’s lower chamber of Parliament, has adopted amendments to the Federal Law on Information, Information Technologies and Information Protection of the Russian Federation (the Law) in its first reading....more

The Continuing Stream of Website Accessibility Claims: A Trial Victory for a Plaintiff and a Dismissal for a Company

by Littler on

Over the past 18 months, the number of claims being filed over website accessibility has increased dramatically. Although courts continue to differ as to whether websites are places of public accommodation covered by Title...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The latest Wall Street revolution appears to be driven in large part by companies like Creative Planning, a registered investment adviser in a suburb of Kansas City that’s helping lead a shift away from brokers and mutual...more

Captain Morgan makes Admiral Nelson’s walk the plank

by Smart & Biggar on

Smart & Biggar prevails at trial on behalf of Diageo in trade dress case. On June 12, 2017, the Federal Court issued its 99-page decision in Diageo Canada Inc v Heaven Hill Distilleries Inc et al, 2017 FC 571. The Court...more

4 Common Reasons for a Trademark Registration Refusal

by Revision Legal on

When someone applies for a federal trademark registration with the United States Patent and Trademark Office (USPTO), it is possible for the trademark registration application to be refused. While this is often disappointing,...more

The Covfefe Kerfuffle and the Rush to Register Trending Terms

While many of us are working our way through the flood of thought-provoking analysis of Matal v. Tam, I’m taking a break with some lighter fare, namely, covfefe. In case you missed it, the viral non-word “covfefe” was born...more

Try Not to be so Friendly: Current Issues in Interviews and Advertising

by Davis Brown Law Firm on

Many of us like to chat. We like to know what you’re reading, how your kid’s baseball season is going, and what kind of pie you like, but while hostesses love you at a cocktail party, chatting can lead to trouble, especially...more

The Case Goes On, For Now: Seventh Circuit Holds Rule 67 Cannot Moot TCPA Class Action

by Benesch on

In January 2016, the Supreme Court issued its Campbell-Ewald v. Gomez decision and definitely ruled that Federal Rule of Civil Procedure 68 could not be used to moot the claims of a named plaintiff. Prior to that ruling,...more

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