News & Analysis as of

Written Consent

Paul Hastings LLP

Federal Court Rules that Missouri Anti-ESG Rules Are Preempted by Federal Law and Are Unconstitutional

Paul Hastings LLP on

On August 14, 2024, the United States District Court for the Western District of Missouri declared unconstitutional two anti-ESG disclosure rules issued by the Missouri Securities Division and applicable to broker-dealers and...more

McGlinchey Stafford

Litigation Byte (August Edition)

McGlinchey Stafford on

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

McGlinchey Stafford

Maryland Federal Court Delineates When Consent to Receive Telephone Calls Must Be in Writing

McGlinchey Stafford on

Earlier this summer, the U.S. District Court for the District of Maryland denied a defendant’s motion for summary judgment in a case arising under the Telephone Consumer Protection Act (TCPA), finding that the defendant...more

Foley & Lardner LLP

Illinois Reins in Astronomical Damages Under Biometric Privacy Law

Foley & Lardner LLP on

Illinois employers will no longer face astronomical damages — into the millions or even hundreds of millions of dollars at issue in recent class action lawsuits — for violations of the Biometric Information Protection Act...more

Mintz

Federal Court Bars Missouri's Anti-ESG Investment Rules

Mintz on

Yesterday, Judge Bough (W.D. Mo.) issued a decision barring the recent anti-ESG rules Missouri had promulgated that prohibited investment advisers from utilizing ESG factors when making investment decisions (absent written...more

McCarter & English, LLP

FCC Makes a Call on AI

On August 7, 2024 the Federal Communications Commission (FCC) adopted a new Notice of Proposed Rule Making (NPRM) proposing regulations that prohibit the use of AI in automated dialing or artificial or pre-recorded voice...more

King & Spalding

Illinois BIPA Reform Takes Effect

King & Spalding on

The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...more

Lippes Mathias LLP

New York Enacts New Requirements for Independent Contractor Relationships

Lippes Mathias LLP on

New York State recently enacted a new Article 44-A of the New York State General Business Law, known as the “Freelance Isn’t Free Act” (“Act”). Once it goes into effect on August 28, 2024, the Act will require individuals and...more

Ballard Spahr LLP

BIPA Amendment Enacted

Ballard Spahr LLP on

On August 5, 2024, Illinois Governor J.B. Pritzker signed into law SB 2979, significantly amending the state’s Biometric Information Privacy Act (BIPA). This update represents a considerable decrease in the potential for...more

Proskauer - Labor Relations Update

NLRB GC Abruzzo Issues Guidance to Academic Institutions Addressing Conflicting Obligations under Labor and Student Privacy Laws

Earlier this week, the National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 24-06 seeking to clarify the obligations imposed by the National Labor Relations Act (NLRA) on academic institutions...more

Mintz - Intellectual Property Viewpoints

Supreme Court Doesn’t Want to Play the Name Game: Prohibition Against Using a Person’s Name in a Registered Mark Without Consent...

On June 13, 2024, the Supreme Court held that the Lanham Act’s prohibition on registering trademarks utilizing another person's name without consent was constitutional. In Vidal v. Elster 602 U. S. ____ (2024), the Supreme...more

Kohrman Jackson & Krantz LLP

FERPA Faux Pas: Avoiding Missteps as Your Child Steps into College

Can you believe it? Summer isn’t over yet, but it’s already time to start thinking about the upcoming school year. For parents of younger children, this means shopping for school supplies and new clothes, reestablishing...more

Shipkevich PLLC

Mid-Year TCPA Roundup: Navigating Recent Legislative and Litigation Developments

Shipkevich PLLC on

The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more

Haug Partners LLP

Supreme Court Upholds Validity of Names Clause in Trump Too Small Decision

Haug Partners LLP on

Referred to as the “names clause”, the Lanham Act prohibits registration of a mark that consists of or comprises a name that identifies a particular living individual without written consent.1 This includes full names,...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News — June 2024

We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we report on a...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Fourth Circuit Adds to TCPA Case Law at Appellate and District Court...

The Fourth Circuit, both at the appellate and district court levels, packed several punches in June. At the district court level, a Maryland federal court authored a decision concluding that under the facts at issue, a...more

Hinch Newman LLP

Three Things Lead Generators Need to Know About the FCC Single Seller Ruling

Hinch Newman LLP on

As previously blogged about, here, the Federal Communications Commission recently published the final, single-seller lead generator consent rule (the “Rule”). The Rule amends the definition of “prior express written...more

Adler Pollock & Sheehan P.C.

Digital Assets: Properly Account for These Assets in Your Estate Plan

In 2024, it’s fair to say that most people have some form of digital assets. This asset type can include digital photos, video and music collections; social media accounts; online banking and brokerage accounts; or...more

Troutman Pepper

Maryland Federal Court Denies Summary Judgment on TCPA Claim, Finding No Prior Express Written Consent Because E-SIGN Disclosures...

Troutman Pepper on

A U.S. District Court for the District of Maryland recently denied summary judgment in a case under the Telephone Consumer Protection Act (TCPA), finding that the defendant failed to show it received prior express written...more

Lerman Senter PLLC

Broadcasts and Promotions Related to the 2024 Summer Olympic Games

Lerman Senter PLLC on

The Summer Olympic Games will begin on July 26, 2024 in Paris, France. The International Olympic Committee (IOC) and the United States Olympic & Paralympic Committee (USOPC) carefully protect Olympic trademarks and...more

Mitratech Holdings, Inc

Background Screening FAQs: Unveiling the Mysteries of Pre-Employment Checks

Are you hiring the right candidates? Or are you hiring candidates that put your organization at risk, bounce around, and can’t do what they say they do? Background screening is your defense system when trying to make quality...more

Sheppard Mullin Richter & Hampton LLP

AI-Generated Voice Calls: New Tech, Old Rules

The FCC reminded companies this month that calls containing “artificial or prerecorded voices” are regulated by TCPA. And, that the FCC considers AI-generated voices to be just the kind of “artificial” that fall within the...more

Fenwick & West LLP

Strategies for Success in Telemarketing’s Shifting Landscape

Fenwick & West LLP on

The start of the year is a good time to assess and refine your telemarketing business practices (including automated text marketing) for success in 2024. This is particularly critical in light of recent government actions...more

Hinch Newman LLP

FCC Publishes Final Single-Seller Lead Generation Consent Rule in Federal Register, and More

Hinch Newman LLP on

The Federal Communications Commission has published its new rule designed, in part, to close the lead generator loophole by amending the definition of “prior express written consent” for purposes of the Telephone Consumer...more

Troutman Pepper

AGs Urge the Federal Government to Regulate AI in Telemarketing

Troutman Pepper on

North Carolina Attorney General (AG) Josh Stein led a bipartisan effort urging the federal government to impose stricter regulations on the use of artificial intelligence (AI) in telemarketing. The collective push involved 26...more

210 Results
 / 
View per page
Page: of 9

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide