News & Analysis as of

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BROWSER Act Aims to Replace Invalidated FCC Privacy Rules

by Morgan Lewis on

US Representative Marsha Blackburn (R-Tenn.) recently introduced the Balancing the Rights of Web Surfers Equally and Responsibly (BROWSER) Act (the Bill), under which the Federal Trade Commission (FTC) would regain...more

Court Grounds O’Hare Janitors’ Collective Action For Off-the-Clock Work

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal district court last week decertified and effectively grounded a collective action of O’Hare Airport janitorial staff who claimed that their employer forced them to work off-the-clock without...more

U.S. Marketers:  Get Ready for Canada Anti-Spam Law (CASL) Lawsuits

by Klein Moynihan Turco LLP on

What is CASL? - CASL was passed into law on December 15, 2010, over the vigorous objection of marketers and business owners, and became effective on July 1, 2014. CASL can best be understood as a two-headed monster,...more

Proposed BROWSER Act Would Require ISPs and Edge Service Providers to Give Users Opt-in and Opt-out Rights for the Use and...

by WilmerHale on

On May 18, 2017, Martha Blackburn (R-TN), Chairman of the House Committee on Energy and Commerce’s Subcommittee on Communications and Technology, introduced H.R. 2520, the Balancing the Rights of Web Surfers Equality and...more

Federal Circuit Rules that Starr International Lacks Standing to Pursue Class Claims Stemming from the U.S. Government’s...

On May 9, 2017, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed in part and reversed in part an earlier decision from the U.S. Court of Federal Claims, which had held that aspects of the...more

Automatic opt-in expires under Hong Kong Arbitration Ordinance

by Hogan Lovells on

The automatic opt-in applicable to domestic arbitration provisions under the Arbitration Ordinance (Cap. 609) is set to expire on 1 June 2017. ...more

EU regulators welcome stricter rules on cookies and direct marketing

by White & Case LLP on

The European Commission has published a draft Regulation regarding cookies and electronic direct marketing. EU regulators have publicly welcomed the proposal, which has potentially significant consequences for all businesses...more

Broadband Internet Service Providers no Longer Subject to FCC Privacy Rules Preventing them from Selling Private Consumer...

by Nossaman LLP on

Both the House (215-205) and Senate (50-48) have voted to revoke the Federal Communication Commission’s (FCC) broadband privacy rules which would have forced broadband Internet Service Providers (ISPs), such as Verizon,...more

Congress Invalidates New FCC Privacy and Data Security Rules

by Morgan Lewis on

Following actions by the Federal Communications Commission (FCC) to suspend the effective date of the FCC’s data security rules, the US Congress—pursuant to the Congressional Review Act—passed a resolution to block the...more

Financial Services Report - Spring 2017

by Morrison & Foerster LLP on

EDITOR’S NOTE - In like a lion, out like a lamb—it works for weather; does it work for new administrations? We’ll have to wait and see. We’ll have to wait and see about the length of CFPB Director Richard Cordray’s...more

Federal Court of Australia Approves a Common Fund Class Action Model for the First Time – No Opt-In Required

As discussed in this space before, Australia is quickly becoming a key venue for securities class action litigation. With the release of its decision in Money Max Int. Pty. Ltd. (Trustee) v. QBE Insurance Group Limited, the...more

Ajit Pai and the FCC’s Role in ISP Privacy Regulation under President Trump

On January 23, 2017, President Donald Trump named Ajit Pai as Chairman of the Federal Communications Commission (FCC). In his previous role as the senior Republican on the FCC under President Barack Obama, Mr. Pai was an...more

CFPB Sues Bank Over Overdraft Sales Pitch

The CFPB’s concern with incentives and overdrafts continues and has resulted in a lawsuit filed against a Minnesota based TCF National Bank. In the lawsuit, the CFPB alleges that TCF National Bank violated the UDAAP...more

The FCC Creates Privacy, Data Protection, and Data Breach Rules for Internet Service Providers

by Ward and Smith, P.A. on

The Federal Communications Commission is venturing into new areas of privacy regulation. By a narrow vote, the FCC has approved new rules that govern how internet service providers ("ISPs") use consumers' information. ...more

The Clock Has Started: What ISPs Need to Do and When to Comply with the FCC’s Broadband Privacy Rules

On December 2, 2016, the Federal Communications Commission (“FCC”) published its Report and Order entitled “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” (the “Order”) as a final rule...more

Opt Ins are Out (of Luck) Appealing Decertification

by Seyfarth Shaw LLP on

With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and held as a matter of...more

[Webinar] The FCC Privacy Rules: What You Need to Know - Nov. 29th and Dec. 6th, 1:00pm Eastern

by Davis Wright Tremaine LLP on

Following the approval of the FCC’s new privacy rules on October 27, ISPs need to address a number of issues, including opt-ins and opt-outs as well as information security programs. To help you prepare, the DWT team has...more

New FCC Privacy Rules for Broadband and Voice Providers

In an order issued November 2, 2016, the Federal Communications Commission for the first time imposed privacy requirements on providers of broadband internet access services (“BIAS”). The much-anticipated order was an...more

FCC Adopts Privacy Regulations for Broadband Internet Service Providers

by White & Case LLP on

On October 27, 2016 the FCC announced its adoption of an Order establishing a set of privacy regulations ("Broadband Privacy Rules") governing the use of consumer personal information by Broadband Internet Service Providers...more

FCC Approves Consumer Privacy Rules For Broadband ISPs

by King & Spalding on

On October 27, 2016, the U.S. Federal Communications Commission (“FCC”), in a 3-2 vote along party lines, adopted new privacy rules for broadband providers aimed at protecting the privacy of consumers. FCC Chairman Tom...more

FCC Issues New Privacy Regulations for Broadband Providers

by Latham & Watkins LLP on

Today, the US Federal Communications Commission (FCC) approved far-reaching new information privacy rules that will govern how providers of broadband Internet access service collect, use, protect, and share data from their...more

FCC Releases Proposal for New Privacy Rules Governing ISPs

In an October 6, 2016, blog post and accompanying fact sheet, FCC Chairman Tom Wheeler outlined his proposal for new privacy rules governing Internet Service Providers (ISPs) to be considered by the full Commission during its...more

Promising Updates to Royalty Programs - Energy Industry at a Crossroad

by Field Law on

HIGHLIGHTS: In early July the Alberta Department of Energy (Alberta Energy) announced two new royalty programs – the Emerging Resources Program and Enhanced Hydrocarbon Recovery Program– to stimulate oil & gas...more

Overdraft Service Program Costs Bank $10M in CFPB Fine

Overdraft services practices were the basis for a $10 million fine from the Bureau of Consumer Financial Protection (CFPB) in a recent action against a national bank operating primarily in the northeast....more

Opting-In: Treasury Regulations Provide Rules for Electing into the New Partnership Audit Regime Early

As reported in a prior Sutherland Legal Alert, the Bipartisan Budget Act of 2015 (the 2015 Budget Act) makes significant changes to the procedural rules governing federal income tax audits and judicial proceedings that apply...more

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Cybersecurity

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