News & Analysis as of

Implied Consent

Recent Arrest of Utah Nurse Causes a Necessary, but Unfortunate Policy Change for the Hospital

by Nexsen Pruet, PLLC on

The Incident - On July 26, 2017, multiple media sources reported a head nurse in a Utah hospital’s burn unit was arrested for refusing to allow the taking of a blood sample by a University of Utah police officer from an...more

North Carolina Law Requires Nurses to Comply with Police Demand for Blood Draw

The drawing of blood by healthcare providers for law enforcement purposes has been big news lately. In June, the North Carolina Supreme Court held in a case of first impression that North Carolina’s implied consent statute...more

Canada’s Embattled Anti-Spam Law Marks End of Grace Period Despite Uncertain Future

by Baker Donelson on

On July 1, 2017, an important grace period terminated for Canada’s Anti-Spam Law (CASL), which initially took effect on July 1, 2014. The beginning of this month marked the end of the two-year grace period for entities to...more

When CASL Consents Expire

I’ve been getting a lot of emails from law firms and other professional services firms warning me that if I do not confirm my subscription to their newsletters, they will stop sending them to me. These firms have...more

CASL’s Private Right of Action Kicks in Saturday

by Baker Donelson on

Canada’s Anti-Spam Law (CASL) went into effect on July 1, 2014, but an important grace period for the law terminates this Saturday, July 1, 2017. That grace period stayed the right of private action under CASL, meaning that...more

Canadian Government Suspends Implementation of Private Right of Action Under CASL

Our previous alert regarding changes to Canada’s Anti-Spam Legislation (“CASL”) previewed two important changes that were to come into effect as of July 1, 2017...more

Singapore Exchange Amends Listing Rules Following Changes to the Companies Act

by Morgan Lewis on

The Singapore Exchange has introduced amendments to the Mainboard and Catalist listing rules—including in relation to the electronic transmission of documents to shareholders, exemptions for insurance coverage and indemnities...more

Not just any Canada Day – Important CASL changes in effect on July 1, 2017

by DLA Piper on

Canada’s anti-spam law (CASL) came into effect on July 1, 2014. Almost three years later, Canadian businesses and their lawyers are still grappling with CASL compliance issues and trying to understand how CASL’s broad and...more

Breaking: FCC Seeks Comment on Petition Asking it to Overturn Presumed Prior Express Consent Rule for Informational Calls

by Dorsey & Whitney LLP on

The Commission announced today that it is soliciting comments on a petition for rulemaking and declaratory ruling filed by Craig Moskowitz and Craig Cunningham. The Petitioners request that the Commission initiate a...more

Canada’s Anti-Spam Law: Is Your Business Ready for July 1st, 2017?

by Bennett Jones LLP on

On July 1st, 2017, organizations communicating electronically under Canada's Anti-Spam Law ("CASL" or the "Act") will lose the benefit of the transitional provisions, and will become subject to the coming into force of a...more

CASL News: The CRTC Provides Long-Awaited Guidance on Implied Consent and the Assessment of Administrative Monetary Penalties

by Field Law on

Although Canada’s anti-spam legislation (CASL or the Act) has been in force since July 1, 2014 and a number of substantial penalties have been imposed under its terms, the Canadian Radio-Television and Telecommunications...more

Dear CASL: When Can I Rely on “Implied Consent”?

by Field Law on

Canada’s Anti-Spam Legislation (CASL) is overly complex and notoriously difficult to interpret – heck, even lawyers start to see double when they read the official title of the law (An Act to promote the efficiency and...more

United States Supreme Court Upholds Constitutionality of Criminal Breath Test Refusal Statutes

by Rumberger Kirk & Caldwell on

The United States Supreme Court recently upheld the constitutionality of state statutes providing criminal penalties for the refusal to provide a breath test after an arrest for DUI, but held them unconstitutional when...more

The Supreme Court - June 2016 #6

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in five cases on June 23, 2016: Fisher v. University of Texas at Austin, No. 14-981: Petitioner Abigail Fisher applied for admission to the University of Texas at...more

Breaking News – No Circuit Split (Yet) Over Post-Bauman General Jurisdiction by Consent

by Reed Smith on

We’ve been watching competing interlocutory appeals in a couple of post-Bauman personal jurisdiction cases out of Delaware: Acorda Therapeutics, Inc. v. Mylan Pharmaceuticals, Inc., 78 F. Supp.3d 572 (D. Del. 2015), and...more

Delaware Supreme Court Clarifies Director/Officer Implied Consent Statute and Rejects Hana Ranch

by Morris James LLP on

Rejecting the Court of Chancery’s narrow reading of the director/officer implied consent statute in Hana Ranch, Inc. v. Lent, 424 A.2d 28, 30 (Del. Ch. 1980), an interpretation that had been followed by lower courts for...more

Primary Assumption of Risk – Subjective Awareness and Increasing Risk Beyond Inherent Risk

by Low, Ball & Lynch on

Scott Griffin v. The Haunted Hotel, Inc. - Court of Appeal, Fourth Appellate District (November 20, 2015) - Since the landmark case, Knight v. Jewett (1992) 3 Cal 4th, 296, it has been held in California that the...more

Wishing You Happy Holidays, if Canada’s Anti-Spam Law Permits

by Bennett Jones LLP on

The holiday season is an important season to focus on good will and the profound messages that the holidays celebrate. Many organizations use the holiday season to communicate with clients and associates to share that...more

Human Touch Defeats TCPA Unsolicited Text Messaging Class Action

by Goodwin on

On June 1, 2015, the Northern District of California granted AOL’s motion to dismiss a class action Telephone Consumer Protection Act (TCPA) suit premised on four text messages received by the named plaintiff in Derby v. AOL,...more

Consent to Disclose Information in Response to a Consumer Complaint – Guidance from Canada

by Dentons on

Not infrequently, customers may resort to consumer affairs columnists and other third parties, such as consumer advocacy groups, in order to resolve issues that they are having. In these circumstances, is there implied...more

Heads Up: Canada’s Anti-Spam Legislation (CASL) Takes Effect on July 1st

by Dickinson Wright on

Once CASL takes effect, you will need express or implied consent before you (or your franchisees) can send a commercial electronic message (CEM). While franchisors are well aware of the pending impact of CASL and have been...more

The Transitional Period & Implied Consent Under CASL

by Field Law on

If the term “CASL compliance” is giving you a nervous twitch, you’re not alone. Many small and medium-sized businesses in Canada are scrambling to prepare for Canada’s Anti-Spam Law (CASL), whose official title says it all -...more

Forced Sex During Marriage Can Lead to a Protection From Abuse Order

Did you know that a spouse can get a protection from abuse order against the other for forced sex? That is what happened in the recent case of Boykai v. Young, 2004 Pa. Super. 4 (January 7, 2014). In Pennsylvania, the...more

Why October 1, 2014 Is An Important Date For Management Persons Of Nevada Entities

by Allen Matkins on

Two years ago, the Nevada Supreme Court in an en band decision held that a state district court may exercise jurisdiction over the nonresident officers and directors of a Nevada corporation with its principal place of...more

What’s in Your Privacy Policy?—Google’s Insufficient to Dismiss Class Action Claims

by Davis Wright Tremaine LLP on

Last week, a California federal judge allowed a class action to move forward challenging Google’s scanning of emails and targeted email advertising, rejecting Google’s claims of express and implied consent in its Terms of...more

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