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Communications & Media Updates

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Mark Zuckerberg, FOSTA-SESTA, and the Challenges of Content Moderation

In his testimony before Congress last week, Facebook CEO Mark Zuckerberg observed that, on issues ranging from fake news to hate speech, the company “didn’t take a broad enough view of our responsibility, and that was a big...more

Massachusetts Legislature Issues Net Neutrality Report, Recommends Legislation

On March 23, 2018, the Special Senate Committee on Net Neutrality and Consumer Protection (the Committee) released a report recommending legislation aimed at ensuring net neutrality in Massachusetts. The report and...more

SEC Staff Issues Risk Alert on the Six Most Frequent Fee and Expense Compliance Issues

by Proskauer Rose LLP on

On April 12, 2018, the SEC's Office of Compliance Inspections and Examinations ("OCIE") issued a risk alert listing the most common compliance issues concerning fees and expenses charged by SEC-registered investment advisers....more

ZTE Corporation Sanctioned Again—Prohibitions on Transactions Involving U.S.-Origin Items Effective Immediately

On April 15, 2018, Zhongxing Telecommunications Equipment Corporation (ZTE Corporation) and ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun) (collectively "ZTE") were added to the U.S. Department of Commerce's Bureau of...more

Upcoming meeting signals the growing role of federal regulators over IoT and product safety

by Hogan Lovells on

The U.S. Consumer Product Safety Commission (CPSC) will host a hearing on May 16, 2018 on potential safety hazards associated with internet-connected consumer products....more

China’s ZTE Corporation Has Export Privileges Suspended for Next Seven Years

by Kelley Drye & Warren LLP on

On April 15, 2018, the Bureau of Industry and Security (BIS) issued an Order relating to Zhongxing Telecommunications Equipment Corporation and ZTE Kangxun Telecommunications Ltd. (collectively, ZTE) that suspends the export...more

Alert: A Dark Time for Data: WHOIS Blackout Period Likely Starting in May

by Cooley LLP on

What do you do when you want to look up the owner of a domain name? You probably perform a "WHOIS search" to find out the owner's name and contact information. The WHOIS system, which makes certain domain registration data...more

EU to Require Tech Firms to Provide Overseas Emails, Texts and Stored Data

by Davis Wright Tremaine LLP on

New “e-Evidence Regulation” Gives Direct Police Access to Data Across EU Borders and Abroad - The European Union will require tech companies to provide data to European investigators stored in another EU country or even...more

Alert: FCC Announces 5G Spectrum Frontiers Auctions

by Cooley LLP on

This week, the Federal Communications Commission took the first step towards fulfilling its promise to bring additional high-band 5G radio spectrum to market – spectrum needed to support spectrum-intensive, real-time...more

Illinois Considering Amendments to Biometric Privacy Law (BIPA) That Would Create Major Exemptions to Its Scope

We have written before about the issues presented by the Illinois Biometric Information Privacy Act, 740 Ill. Comp Stat. 14/1 (“BIPA”). BIPA is still the only state biometric privacy statute with a private right of action. It...more

3 Business Cases to Follow in the Supreme Court's Spring Term

by Bennett Jones LLP on

The Supreme Court of Canada’s spring term begins on April 16, 2018. Chief Justice Wagner has already put his stamp on the Court, announcing in February that it would begin releasing “plain language” summaries alongside its...more

Mango Peach Ale? Coconut Clove Stout? – TTB Formula Approval and Labeling for Alternative Ingredients and Brewing Processes

As brewers become more creative and push the flavor envelope, it is important to keep in mind that when you add “nontraditional” ingredients or use alternative brewing methods, TTB formula approval could be necessary. The...more

PRA Fee Award Narrowed to Cover the Issue of Scope of Redactions - Part I: Pasadena Police Officers Association v. City of...

by Best Best & Krieger LLP on

A California Court of Appeal upheld a decision to drastically reduce an attorney fee award request against the City of Pasadena to a newspaper in a Public Records Act litigation — a decision that should bring relief to public...more

“New Deal for Consumers” – draft package adopted by the European Commission

by Hogan Lovells on

The European Commission has adopted a “New Deal for Consumers” package which aims to empower consumers, promote fairness and build trust across the single market. ...more

EU-US Transatlantic Data Flows Subject to Further Legal Challenge

Last week, the High Court of Ireland submitted eleven questions to the Court of Justice for the European Union (CJEU) to consider about the personal data transfer regime between the European Union (EU) and the United States....more

The Legality of Cannabidiol and Concerns Regarding False Advertising

by Cozen O'Connor on

The legality of marijuana (also known as cannabis) has been a popular topic in recent years with thirty states and the District of Columbia having laws that legalize marijuana in some form. However, under federal law,...more

Choosing Your Words Carefully in Advertising: NAD Recommends Advertiser Discontinue Use of the Word “Choosing”

by Dorsey & Whitney LLP on

Almost every NAD case begins with the maxim: It is well-established that an advertiser is responsible for all reasonable interpretations of its claims, not simply the messages it intended to convey. It follows that...more

How Will The General Data Protection Regulation Affect Your Sweepstakes Across the Pond

by Verrill Dana LLP on

As was made pretty clear last week from the 1,400 hours of Congressional testimony by Mark Zuckerberg, the USA may want to follow the lead of the EU and adopt laws similar to the General Data Protection Regulation (GDPR). For...more

Ribbon Communications Files Two More Lawsuits against Metaswitch In Ongoing Patent Battle

Cloud competitor cases are definitely on the rise over the past year. We’ve seen patent infringement lawsuits from established cloud players such as Symantec, BMC Software and Citrix against their emerging cloud competition,...more

Microsoft Email Case Dismissed by Supreme Court

Yesterday, the long-running dispute between Microsoft Corp. and the U.S. government regarding data stored abroad was resolved by the United States Supreme Court. ...more

Biometrics: California Federal Court in Facebook Case Certifies First Class In Illinois Biometric Information Privacy Act Case,...

by Locke Lord LLP on

On April 16, 2018, a California federal court certified a class of individuals suing Facebook for violating Illinois’s Biometric Information Privacy Act, paving the way for potentially billions of dollars in statutory...more

Pennsylvania Superior Court Adopts New Standard for Social Media Evidence

In Commonwealth v. Mangel, 2018 WL 1322179 (March 15, 2018), the Pennsylvania Superior Court adopted a standard for authenticating social media posts under Pennsylvania Rule of Evidence 901. The Court held that “the proponent...more

“Weight Loss” vs. “Weight Management”: Vitamin Shoppe Sidesteps False Advertising Suit

by Reed Smith on

Putative class representative Andrea Nathan renewed her efforts to hold Vitamin Shoppe, Inc. liable under California’s Unfair Competition Law, False Advertising Law, Consumer Legal Remedies Act, and breaches of express and...more

California’s Cage-Free Eggs Law Faces Supreme Court Challenge By Other States

by Bryan Cave on

Briefing is now complete in a lawsuit filed by more than a dozen states asking the United States Supreme Court to block a California law requiring any eggs sold within the state to come from chickens that have sufficient...more

SUMO CITRUS — Sign of Super-Sized Flavor?

While many other places in the country are enjoying signs of spring, here in the Twin Cities, we’re hanging on to the white stuff, for a while longer; we shoveled 22 inches worth this past weekend! There’s something about...more

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