Davis Wright Tremaine LLP

1201 Third Avenue Suite 2200  Seattle, Washington 98101-3045, United States

Contact: Justin Shaw

  • 877.398.8417

FCC Proposes to Make 150 MHz of Spectrum Available for Shared Broadband Through Use of Dynamic Spectrum Access and Sharing Systems

Yesterday, the Federal Communications Commission (FCC) took steps to make 150 megahertz of spectrum available for shared broadband use by unanimously approving a Further Notice of Proposed Rulemaking (FNPRM) setting forth…more
| Communications & Media Law, Science, Computers, & Technology

FTC Continues Its Pursuit of "Robocalling" Platforms

With its latest settlement, the Federal Trade Commission shows that its prior targeting of prerecorded voice dialing platforms, as opposed to those who use them to place “robocalls,” was no one-off initiative, and that it has…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection

FCC Reinforces that Those Who Knowingly Release Cell Numbers Grant Permission to be Called Under the TCPA--But Companies May Still Be Required to be Sure They Get the Number Directly from the Person to be Called

We recently reported on two FCC declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA), in the context of social-network text messages and package-delivery calls, that included broad, business-friendly…more
| Civil Procedure, Communications & Media Law, Consumer Protection

Acquisitions Don't Nullify Prior Privacy Promises--FTC's Letter to Facebook & WhatsApp Gives Caution to All to Honor Privacy Protections in Mergers

Social networking site Facebook announced in February its plans to acquire WhatsApp—a “rapidly growing cross-platform mobile messaging company”—for the princely sum of $19 billion. While Facebook and WhatsApp are looking forward…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Mergers & Acquisitions, Privacy

Part III: Has Congress Spoken and Does It Really Matter? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data Security

In the first and second parts of this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp. and then focused on whether the FTC has given “fair notice” to companies…more
| Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Privacy

1st Circuit Limits Secured Lender’s Right to Post-Petition Interest by Applying Flexible Standard

In an important decision for lenders, the 1st Circuit Court of Appeals recently decided In re SW Boston Hotel Venture LLC, holding that a bankruptcy court was right to give a lender a claim for post-petition interest beginning…more
| Bankruptcy, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking

Emerging EHR Risks: When Documentation May Not Be Enough (or Too Much)

Today’s Electronic Health Record (EHR) technologies feature many tools that help providers practice more efficiently and allow them to spend more time caring for patients. However, the federal government recently has posted…more
| Privacy, Health, Science, Computers, & Technology

FCC Authorizes Additional 100 MHz of Unlicensed Spectrum in 5 GHz Band (Part 2: Key Takeaways from the Report and Order)

In our last post on this topic, we reported on the FCC’s adoption of an order authorizing the use of an additional 100 MHz of unlicensed spectrum for Wi-Fi and related network equipment. Now that the order has been released, we…more
| Communications & Media Law

Part II: Fair Notice or No Notice? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data Security

In our first blog in this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp., in which Judge Salas confirmed the FTC’s authority to bring enforcement actions to…more
| Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Privacy, Science, Computers, & Technology

OCR Releases Information on What Phase 2 HIPAA Audits Will Look Like

The HHS Office for Civil Rights (OCR) recently presented information about the new look of its Phase 2 audit program. The new audits will look little like the old ones, with OCR conducting the audits itself and focusing on more…more
| Privacy, Health, Science, Computers, & Technology

FTC, DOJ Issue Antitrust Policy Statement Encouraging Private Sharing of Cybersecurity Information

The Federal Trade Commission and the Department of Justice yesterday issued a joint policy statement on the sharing of cybersecurity information. Declaring that “properly designed cyber threat information sharing is not likely…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Privacy, Science, Computers, & Technology

State of Texas Issues Memorandum on Virtual Currencies

The State of Texas is the most recent state to announce a formal policy with regard to virtual currencies. The Texas Department of Banking (DOB) issued a supervisory memorandum on April 3, 2014, interpreting how virtual…more
| Finance & Banking, Science, Computers, & Technology

Do Your Qualified Retirement Plans Recognize Same-Sex Spouses as of June 26, 2013?

The IRS has published Notice 2014-19 and related FAQs regarding the application of the Supreme Court’s decision in United States v. Windsor and Rev. Ruling 2013-17 to qualified retirement plans. All retirement plans should be…more
| Civil Rights, Labor & Employment Law, Finance & Banking, Family Law, Taxation

Future OCR Audits Have Little in Common With Previous Round—Here’s How to Prepare

The HHS Office for Civil Rights (OCR) recently presented information about the new look of its Phase 2 audit program. The new audits will look little like the old ones, with OCR conducting the audits itself and focusing on more…more
| Privacy, Health, Science, Computers, & Technology

If You Think Your Family Business’s Service Contracts Limit Your Liability In All Situations, Think Again!

Family-owned businesses in the services industry in Washington (and beyond) should be paying attention to a recent Washington Supreme Court case addressing the “Independent Duty Doctrine” (also referred to as the “economic loss…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Personal Injury
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