Drinker Biddle & Reath LLP

Trump Campaign Faces Second, Similar Suit in Same Court

Following on the heels of Plaintiff Joshua Thorne’s TCPA suit, the Donald J. Trump campaign was hit with a second TCPA lawsuit in as many days. See Roberts v. Donald J. Trump For President, Inc., No. 16-4676 (N.D. Ill. Apr. 26,…more
| Communications & Media Law, Consumer Protection, Elections & Politics

Trump Campaign Sued In Federal Court in Illinois

Earlier this week, Illinois resident Joshua Thorne filed a purported class action against Donald J. Trump for President, Inc., in the Northern District of Illinois. See Thorne v. Donald J. Trump For President, Inc., No. 16-4603…more
| Civil Procedure, Communications & Media Law, Consumer Protection

IRS Denies Tax Exemption to Commercial ACO

On April 8, 2016, the IRS released a final adverse exemption determination with respect to an accountable care organization (ACO) formed by an unnamed nonprofit health care system. The adverse determination confirms and…more
| Health, Taxation

Currently Pending FCC Petitions in TCPA Matters

With the TCPA dockets remaining active going into 2016, we decided to put together a list of notable petitions pending at the FCC. The following list provides details on most petitions that the FCC has yet to rule on, including…more
| Business Organizations, Civil Procedure, Communications & Media Law, Consumer Protection

Section 201 Safeguard Petition Filed Against Primary Aluminum Could Impact Sourcing

On April 18, the United Steelworkers union filed a Section 201 “safeguards” petition regarding primary, unwrought aluminum. This case could impact purchasers of primary, unwrought aluminum (such as billets, hollow billets,…more
| Business Organizations, International Law & Trade

The Impact of Vermont’s GMO Labeling Law

On July 1, 2016, a new food labeling requirement for products made with genetically modified organisms (GMOs) will go into effect in Vermont. It’s the first law of its kind in the country. Vermont’s Act 120 titled “An act…more
| Consumer Protection

Ninth Circuit: Conditional Tender Does Not Moot Putative Class Action

In the wake of the Supreme Court’s decision in Campbell-Ewald v. Gomez, the Ninth Circuit has held that an offer tendering complete relief, conditioned on the dismissal of a putative class action, is insufficient to moot the…more
| Civil Procedure, Communications & Media Law

An Overview of the Fiduciary Rule

The DOL’s fiduciary rule has been published in the Federal Register. Based on our review of the regulation and conversations with our clients, here are some overview thoughts about the regulation and the two “distribution”…more
| Finance & Banking, Labor & Employment Law

Accessibility of Retailer Websites Under the Americans with Disabilities Act (“ADA”)

Title III of the ADA provides that “no individual shall be discriminated against on the basis of disabilities in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or any accommodations of…more
| Civil Procedure, Civil Rights, Communications & Media Law, Science, Computers, & Technology

Have a Health App? Consider these FTC Best Practices

Recently, the Federal Trade Commission (FTC) partnered with HHS’ Office for Civil Rights (OCR) and the Office of the National Coordinator for Health Information Technology (ONC), along with the Food and Drug Administration…more
| Antitrust & Trade Regulation, Communications & Media Law, Health

Paid Parental Leave: San Francisco Will Require Employers To Provide Paid Leave And California Will Increase Benefits Available Under State Law

On Tuesday, April 5, 2016, the San Francisco Board of Supervisors unanimously approved legislation that would require private employers in the city to provide partial compensation to employees taking leave to bond with a newborn…more
| Labor & Employment Law

What’s My Line? The FCC Seeks Comment on a Petition Seeking a Definition of “Residential Line”

On March 31, 2016, the FCC released a public notice (“Public Notice”) seeking comment on a petition for declaratory ruling filed by Todd C. Bank (“Petition”), an attorney who maintains a home-based law practice. As Bank’s…more
| Civil Procedure, Communications & Media Law

The Landmines Lurking in Your Website: The Explosion of Class Actions Targeting Terms of Use and Other Online Agreements and Notices

Think that no one will ever pay attention to the terms of use or privacy policy that you had your web designer draft as an afterthought? Think again. Because if they haven’t been already, they may soon be scrutinized by a…more
| Business Organizations, Commercial Law & Contracts, Science, Computers, & Technology

Court Denies Certification In Significant TCPA Case Based on Lack of Ascertainability of the Class and Commonality Issues Because Evaluating Consent Would Require Mini-Trials for Each Individual

Since our December 8, 2015 blog post regarding the scope of vicarious liability, courts have continued to wrestle with the scope of vicarious liability under the TCPA and its ramifications with respect to class certification. A…more
| Civil Procedure, Communications & Media Law

Three Steps to Prepare for the Labor Department’s Proposed Rule on Paid Sick Leave

The U.S. Department of Labor (DOL) released a proposed rule that requires federal contractors and subcontractors to provide workers with seven days of paid sick leave on an annual basis. The proposed rule, released on Feb. 25,…more
| Government Contracting, Labor & Employment Law
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