Davis Wright Tremaine LLP

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

Contact: Justin Shaw

  • 877.398.8417

Second Circuit Adopts FCC’s Narrow Construction of “Implied” Express Consent for Autodialed Calls to Cell Phones

This updates our report last summer on a Federal Communications Commission (FCC) letter brief filed at the invitation of the U.S. Court of Appeals for the Second Circuit in Nigro v. Mercantile Adjustment Bureau, which observed…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Consumer Protection

Chip-and-PIN is Coming…To the US Government

Last Friday, in the wake of numerous data breaches, President Obama signed a new Executive Order that will change how federal agencies use payment cards and allow access to certain government portals. Those changes include the…more
| Elections & Politics, Finance & Banking, Privacy, Consumer Protection, Science, Computers, & Technology

CFPB Identifies Deceptive, Abusive Practices in the Marketing of Credit Card Promotional APR Offers

The Consumer Financial Protection Bureau recently issued a bulletin (CFPB Bulletin 2014-02) warning credit card issuers to avoid potentially deceptive and abusive practices in connection with the marketing of credit card…more
| Communications & Media Law, Finance & Banking, Consumer Protection

CFPB Director Proposes Checking Accounts for All

On Wednesday, in a speech at the Forum on Access to Checking Accounts CFPB Director Richard Cordray returned to two of his most frequent themes – the consumer reporting process and urging actions that he is unable to mandate…more
| Finance & Banking, Consumer Protection

China Widens Entry to Medical Device Market to Investment, Innovation While Tightening Regulations on Existing Market Products

As the medical device industry in China continues accelerated growth, investors seek to capitalize on a roughly $65 billion market that is growing at an annual rate of 21 percent. Under recent changes to the regulatory framework…more
| Finance & Banking, Health, International Law & Trade, Science, Computers, & Technology

Good News: California Extends Its Medical Data Breach Notification Requirement From 5 to 15 Days

On Sept. 18, 2014, California’s governor approved Assembly Bill 1755, extending California’s stringent breach notification deadline for medical information breaches from five business days to 15 business days for clinics, health…more
| Consumer Protection, Privacy, Health, Science, Computers, & Technology

California Groundwater Regulation Enters the 20th Century!

On September 16, 2014, California Governor Jerry Brown signed into law a trio of bills to establish a statewide regulatory scheme for the use of groundwater: Assembly Bill 1739, and Senate Bills 1168 and 1319. California had…more
| Environmental Law, Zoning, Planning & Land Use

Encouraging Gas Development in China—A Work In Progress

The Chinese government recently issued several reform measures intended to open up its gas industry to foreign oil and gas developers. An inflow of foreign capital and technology, it is hoped, will spur construction of the…more
| Commercial Law & Contracts, Energy & Utilities, Finance & Banking, International Law & Trade

California Adds Limited Agent of A Payee Exemption to Its Money Transmitter Licensing Requirement; Relaxes “Right To Refund” Disclosure Requirement for Online Transactions

Following an extended period of public comment and modifications to the bill beginning in March of 2013, the California legislature recently amended its Money Transmission Act to exempt from licensure companies that process…more
| Commercial Law & Contracts, Finance & Banking

Eleventh Circuit Reverses Refusal to Honor FCC’s TCPA Debt Collection Declaratory Ruling, Fosters Uniformity on TCPA’s Autodialing Exception

The U.S. Court of Appeals for the Eleventh Circuit has brought a bit of legal balance back to automated debt collection calls, and reminded lower courts that when it comes to claims under the Telephone Consumer Protection Act…more
| Communications & Media Law, Finance & Banking, Consumer Protection

Sometimes the Government is Here to Help: OIG Proposes More Flexibility in Rules Governing Local Transportation, Beneficiary Inducements, and Physician Incentives

The U.S. Department of Health & Human Services, Office of Inspector General ("OIG") just released a proposed rule (“Proposed Rule”) that provides long awaited guidance on patient transportation services, relaxes the prohibition…more
| Health

Federal Reserve Banks Payment System Improvements Project Moves Forward

Keep your eye on this one. In the fall of 2013, the Federal Reserve Banks launched a study of the US payments system. The study has three targets: first, a faster payment system; second, a more secure payment system; and…more
| Finance & Banking

Google Street View Plaintiffs on the Hunt for “a Needle in a Haystack” to Demonstrate Standing, but District Court Grants Plaintiffs Greater Role in Examination of Google’s Data

Back in April, Google filed a Petition for Certiorari with the U.S. Supreme Court in the Street View case, seeking review of the Ninth Circuit’s decision holding that unencrypted Wi-Fi signals are protected from interception by…more
| Civil Procedure, Communications & Media Law, Privacy, Science, Computers, & Technology

Starting Oct. 6, Patients Can Access Test Reports Directly From Clinical Laboratories

On Oct. 6, 2014, a final rule issued jointly by the Centers for Medicare & Medicaid Services (CMS), Centers for Disease Control and Prevention (CDC), and Office for Civil Rights (OCR) will require all HIPAA-covered labs (i.e.,…more
| Privacy, Health, Science, Computers, & Technology

FCC Repeals Sports Blackout Rules

As expected, the FCC today voted 5-0 to repeal the sports blackout rules that require cable systems and satellite operators to black out local sporting events broadcast on distant television stations when the event is not being…more
| Art, Entertainment, & Sports Law, Communications & Media Law
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Areas of Practice
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