Russell Jones Jr.

Polsinelli

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TCPA: New Ruling May Invalidate Your Existing Consumer Consents

Much has been written about the Federal Communication Commission's ("FCC's") recent 138-page Declaratory Ruling and Order that broadened the scope of the Telephone Consumer Protection Act ("TCPA") and will likely encourage...more

7/28/2015 / Advertising , ATDS , Compliance , Corporate Counsel , FCC , Prior Express Consent , Robocalling , TCPA , Telemarketing , Text Messages

Respond with Caution! Responses to Discovery "Subject to the Stated Objections" May Waive Your Client's Objections

A growing number of federal courts have confirmed that the once-common discovery practice of asserting an objection followed by a bare "conditional" response, i.e., stating that "Subject to and without waiving the stated...more

6/4/2014 / Corporate Counsel , Discovery , Federal Rules of Civil Procedure , Objection Procedures , Waivers , Young Lawyers

The Dog Ate My Evidence: Document Destruction Policies And The Duty To Preserve

In This Issue: - The Duty to Preserve ..What triggers the duty to preserve? ..Who has a duty to preserve? ..What is the scope of the duty to preserve? - Litigation Hold Notices - Potential...more

11/22/2013 / Adverse Inference Instructions , Corporate Counsel , Document Retention Policies , Duty to Preserve , Evidence , Litigation Hold , Sanctions , Spoliation

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