Mobile Devices

News & Analysis as of

Patients poised to record doctor's visits?

The question of whether patients should be permitted to record interactions with their doctors, and when and how it is best to do so, has become a highly contentious issue to navigate in today’s increasingly complex medical...more

Welcome to the Digital Age, Officer

California SB 178 Seeks to Apply Warrant Requirement to Electronic Devices and Online Data - The California Senate is currently reviewing the proposed California Electronic Communications Privacy Act (SB 178), which...more

The FCC Speaks Up and Cracks Down on TCPA Rules

For the first time since October 2013, the Federal Communications Commission (“FCC”) has issued new rules clarifying the Telephone Consumer Protection Act (“TCPA”). On June 18, 2015, the FCC held a public hearing to debate...more

The Nuts and Bolts of Digital Advertising

“We have the best mobile app on the market!” “Subscribe now and win an Apple watch!” “Download our software and we guarantee an increase in your business within 30 days!” That all sounds quite wonderful, actually. Where do I...more

How Businesses Can Reduce Cyber Risk: Pre and Post Incident: Businesses Need to Take a More Proactive Approach to Reducing What Is...

As the volume of sensitive data that businesses store ever increases, the use of mobile devices continues to grow and cyber villains become ever more sophisticated, it is perhaps of no surprise that we hear about new...more

Security bug found in Samsung® smartphones

Samsung recently announced that about more than 600 million Samsung mobile devices contained a factory installed third party software produced by SwiftKey that predicts the words you will types on your keyboards. The issue...more

Digital Advertising Alliance Focuses on Mobile Ads

As more users spend more time on their mobile devices, advertising dollars are following. And the compliance regime that governs interest-based advertising (IBA) (formerly referred to as online behavioral advertising or OBA)...more

TCPA Connect - June 2015

SPECIAL FOCUS: FCC Adopts Significant Changes to TCPA Rules - FCC Chairman Tom Wheeler’s proposal to revise the Telephone Consumer Protection Act rules passed by a 3-2 vote during yesterday’s Open Commission Meeting....more

Employee Surveillance and Monitoring

To state the obvious (and this shows my age), we are way past George Orwell’s 1984. Yes, I know 30 years past it. But we are way past the privacy concerns expressed in Orwell’s book; we are in a new era where technology and...more

Copyright levies on memory cards for mobile phones: another landmark decision from the CJEU (Case C-463/12)

Questions of copyright levies are hotly debated, since the decision as to whether such levies have to be payed or not has a significant influence on the price of the affected technical products and the movement of these goods...more

Unlimited Means Unlimited: FCC “Throttles” AT&T Mobility for $100M

The FCC plans to fine AT&T Mobility $100M for misleading its customers about unlimited mobile data plans, alleging that AT&T severely slowed down the data speeds for customers with unlimited data plans. Further, the agency is...more

Crowdfunding and IP in Health and Biotech Start-ups (Part 1): The Beginning

Crowd Funding ImageThis is the first in a 3-part series about the use of crowdfunding in health and biotech start-ups. We start with the story of a tech start-up which set records for funding through a Kickstarter campaign,...more

Still Threatened: Arbitration Clauses in Securities Customer Agreements

In a report to Congress released in March, the Consumer Financial Protection Bureau (CFPB) takes aim at consumer agreements that require disputes to be resolved by arbitration. The CFPB generally does not have...more

FCC Signals Enforcement of TCPA "Prior Express Written Consent" Rules

In a letter published on June 11, 2015, the Federal Communications Commission's (FCC) Enforcement Bureau expressed "serious concern" about PayPal's use of a website user agreement to obtain prior express written consent to...more

FRAND Defense: ALJ Essex Provides an Evidence-Based Framework

Administrative Law Judge Essex has made another important contribution to the ongoing conversation regarding the enforcement of standard essential patents (SEPs) at the International Trade Commission. Building on the analysis...more

AT&T Petitions FCC to Replace TTY with Real-Time Text for Hearing Impaired Communications

On Friday, AT&T submitted a Petition for Rulemaking to the FCC, requesting that the Commission update its rules requiring support for text telephone (TTY) technology. The petition asks the FCC to launch a proceeding to...more

Anonymous Information Actionable under the VPPA?

Technology has allowed consumers to use Apps and devices to stream their favorite content at the touch of a button. The popularity of these streaming Apps and devices has raised legal issues with regard to privacy....more

The Internet of Things: EU vs US guidance

In its February 2015 Report on the Internet of Things (IoT), the FTC estimated that there are now 25 billion connected devices worldwide. Another more conservative report by Gartner estimates there will be 2.9 billion...more

New Requirements Regarding Emergency Alert Access Imposed On Device Manufacturers And MVPDs

On May 28, 2015, the FCC released a Second Report and Order and Second Further Notice of Proposed Rulemaking pursuant to authority granted by the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA)...more

Protecting Trade Secrets on Mobile Devices is that Easy and Inexpensive!

When I attended the ABA Legal Tech Show in Chicago a few months ago in the hopes of learning more about legal technology, I was taken aback at just how easy and inexpensive it is for employers to protect trade secrets on...more

An Abstract Idea by Any Other Name - Epicor Software Corp. v. Protegrity Corp.; Google Inc. v. Unwired Planet, LLC

Addressing the issue of unpatentable subject matter in a post-Alice world, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) recently invalidated two patents under § 101 in separate covered business...more

ID on Infringement and Public Interest in Remand of InterDigital Investigation - Certain 3G Mobile Handsets and Components Thereof

In a long-running investigation brought by InterDigital concerning Nokia mobile phones, the administrative law judge (ALJ) on the remand hearing from the U.S. Court of Appeals for the Federal Circuit found that Nokia’s...more

Advertising Law - May 2015 #5

DAA Mobile Privacy Code Enforcement Begins In September - Get ready: September 1 marks the beginning of enforcement of the Digital Advertising Alliance’s mobile privacy code, the group recently announced. Companies will...more

FINRA settles data breach enforcement action

The Financial Industry Regulatory Authority (FINRA) agreed to settle its enforcement action with Sterne Agee & Leach, Inc. (Sterne) this week for $225,000. The enforcement action followed the loss of an unencrypted laptop by...more

Recent Decision Provides New Strategies for Businesses Seeking to Avoid TCPA Class Actions

Earlier this month in Andermann v. Sprint Spectrum, L.P., a court addressed two hot topics in the litigation world: arbitration clauses and Telephone Consumer Protection Act (TCPA) class actions. The decision offers important...more

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