News & Analysis as of

Motion to Dismiss Spoofing

Manatt, Phelps & Phillips, LLP

West Virginia Federal Court Lets TCPA Suit Move Forward Against Voice Service Providers

Adopting a broad definition of a common carrier, a West Virginia federal court declined to grant a motion to dismiss from several voice service providers in a putative Telephone Consumer Protection Act (TCPA) class action...more

Proskauer - Whistleblower Defense

N.D. Illinois Refuses To Expand Reach of Commodity Exchange Act Whistleblower Provisions

On October 22, 2018, the U.S. District Court for the Northern District of Illinois granted a Rule 12(b)(6) motion to dismiss a first-impression whistleblower retaliation claim under the Commodity Exchange Act (“CEA”). Johnson...more

Womble Bond Dickinson

Two Texts are Apparently Enough to Allege ATDS Use as Courts Continue to Struggle with Pleading Standard in TCPA Text Cases

Womble Bond Dickinson on

On June 7, 2018, a Florida district court held that Plaintiff’s putative class action allegations that Defendant twice texted his cell phone number without consent using an ATDS was sufficient to state a claim under the TCPA...more

Zuckerman Spaeder LLP

Gone Phishing: Employer Faces Liability for Mistakenly Disclosing W-2 Forms to Scammer

Zuckerman Spaeder LLP on

Phishing. Spoofing. - These words may sound silly, but for employers, they are anything but. Phishing is the attempt to obtain sensitive electronic information—such as usernames, passwords, or financial...more

Dechert LLP

Stage Set for Second-Ever Criminal Spoofing Trial

Dechert LLP on

A judge in the District of Connecticut paved the way last month for what the U.S. Department of Justice (DOJ) has described as “the second spoofing case that will go to trial in the country.” By denying the defendant’s motion...more

Stinson - Corporate & Securities Law Blog

Dodd-Frank Anti-Spoofing Statute Not Void for Vagueness For High Frequency Trader

In United States v. Coscia, the District Court for the Northern District of Illinois Eastern Division declined to dismiss an indictment for “spoofing” against a high frequency trader under 7 U.S.C. §§ 6c(a)(5)(C) and 13(a)(2)...more

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