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Canada’s Anti-Spam Legislation (CASL) Will Impact U.S. Companies

?????Canada’s Fighting Internet and Wireless Spam Bill, better known as Canada’s Anti-Spam Legislation (CASL), was enacted in December 2010, but enforcement of the law did not commence until July 1, 2014, on Canada Day. The...more

Belgian Class Actions - The Final Stretch

The Belgian collective redress act (hereafter the Collective Redress Act) was signed into law just before the Easter break on 27 March 2014 and is expected to enter into force in the next couple of months (a royal decree...more

Government announces its proposed changes to the FOFA reforms

As anticipated, the Assistant Treasurer has announced the reforms to the FOFA legislation the government will introduce. The reforms include removing the ‘opt-in’ requirement as foreshadowed pre-election. The reforms also...more

Future Of Financial Advice Series : Opt-In And Fee Disclosure

This update is intended as a general overview, targeted specifically at claims officers and underwriters of insurers of professionals required to comply with the Future of Financial Advice (FOFA) reforms. WHAT IS...more

New EU Cookie Guidance: Crumbs of comfort or confusion?

As many who have struggled to find a clear way to comply will know, an important change to the EU E-Privacy Directive (implemented by many EU states late 2011/2012) meant that, in summary, websites which...more

Opening the Flood Gates? California Voters May Create Presumption of Harm in Privacy Breach Cases

California has moved one step closer towards amending its Constitution to create a presumption of harm whenever personal data is shared without a consumer’s express opt-in, a change that would clear a significant hurdle to...more

Will California Voters Move US to Opt-In?

The California ballot measure process permits any California voter to propose a ballot initiative to the state’s Attorney General which, if enough signatures are gathered, will then appear on state-wide ballot for approval at...more

Attack of the Killer Initiative?: Opt-in Privacy Regime on Deck for a California Ballot Initiative

On July 17th, former California State Senator Steve Peace (director of the film, “Attack of the Killer Tomatoes”) and trial lawyer Michael Thorsnes filed a potentially revolutionary draft ballot initiative with the California...more

What’s That Charge on My Mobile Phone Bill? The FTC Wants to Know

“Cramming” – while it sounds like the experience of being in the middle row of a cross-country flight – actually refers to unauthorized charges on phone bills. Residential and business telecommunications customers have...more

FLSA Class Actions: Recent Seventh Circuit Decision Points To Merger Of Certification Standards

A significant recent Seventh Circuit decision, written by noted Judge Richard Posner, affirmed decertification of an FLSA collective action, essentially on the ground that the collective action could not satisfy the...more

Poland Adopts Heavy Penalties for Telcos Using Cookies without Obtaining "Opt-In" Consent

Poland’s Act amending its Telecommunications Law and Certain Other Laws of November 16, 2012, came into effect on March 22, 2013. The law relates specifically to telecommunications companies, and therefore other sectors such...more

Seventh Circuit Holds That FLSA and Rule 23 Certification Standards Are the Same and Affirms Denial of Certification Based on Lack...

A recent opinion by the Seventh Circuit holds that the standard for certifying a collective action under the FLSA is the same as the standard applied to a class action under Rule 23....more

New Hampshire LLCs: New Statute & Increased Protections

A new statute, RSA 304-C, governing limited liability companies in New Hampshire went into to effect January 1, 2013. The new act, which entirely modifies the law governing LLCs in New Hampshire, is designed to be...more

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