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Communications & Media Updates

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

Second Circuit Confirms Prior Express Consent For “Health Care” Messages Need Not Be In Writing Under TCPA

by Benesch on

On February 21, 2018, the Second Circuit Court of Appeals affirmed a lower court’s grant of summary judgment in a TCPA defendant’s favor, holding that the TCPA plaintiff provided prior express consent for a “health care”...more

TOPS Software Company Hit with TCPA Class Action

Last week, TOPS Software LLC (TOPS), a software company that specializes in condominium and homeowners association communication platforms, was served with a class action in Illinois federal court which alleges that TOPS...more

Second Circuit Tells Aggregator Claiming Standing to Sit Down

by Ballard Spahr LLP on

Clarifying the issue of who has standing to pursue copyright infringement claims, the U.S. Court of Appeals for the Second Circuit on Friday rejected an attempt by a stock photography agency to aggregate claims belonging to...more

Top 20 to Watch—Digital Media Edition

One of our missions at Manatt Digital is to discover and get to know companies and founders who are innovating and executing with disruptive technologies. We are continuously on the hunt for companies that have market/product...more

Dodge Fumbles Super Bowl Ad

Another year, another Super Bowl ad controversy. This year, viewers took issue with a commercial for Dodge Ram trucks that aired during the second quarter of the Super Bowl and included a voice sample of Dr. Martin Luther...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The Chinese government has seized control of Anbang Insurance Group, the formerly staid insurance conglomerate with a murky leadership structure that in recent years has amassed billions in debt through a global acquisition...more

Judgment Entered in Lenders’ Favor on TCPA Unlawful Text Message Claim

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the Ninth Circuit recently entered judgment in favor of three lenders and two marketing company defendants on a claim that they violated the federal Telephone Consumer Protection Act by ratifying...more

Utah Legislative Update: 2018 - Part One

by Holland & Hart LLP on

Utah’s Legislative session is underway. This annual event is a test of legislative speed and immune system stamina! It’s a special political-Olympic event that takes place over seven weeks of intense debate and budget...more

New York's Top Court Rules 7–0: "Private" Facebook Posts Subject to Disclosure

by Jones Day on

On February 13, 2018, the New York Court of Appeals ruled unanimously that a user's "private" Facebook messages and photos are subject to disclosure where that information is "reasonably calculated to contain evidence...more

New Federal 911 Law Could Impact Many Public Agencies and Businesses - Kari’s Law Sets New Requirements for Multi-Line Telephone...

by Best Best & Krieger LLP on

Recently, H.R. Bill 582, known as “Kari’s Law” became federal law. Kari’s Law amends the Communications Act of 1934 to require most multi-line telephone systems to be pre-configured so users may call “911” without dialing any...more

Paper Copies of FCC Rules No Longer Required

by Davis Wright Tremaine LLP on

In a Report and Order released Tuesday, February 20, 2018, the Federal Communications Commission (FCC) eliminated certain rules requiring cable operators and broadcasters to maintain paper copies of FCC rules, recognizing...more

Southern District of New York’s Controversial Decision Creates East Coast/West Coast Rift in Approach to Embedded Photographs

For the past ten years, the copyright law addressing the legalities of a website’s provision of “inline” links to photos that reside on another website’s server seemed to be relatively well-settled and straightforward. Courts...more

German Court Rules Facebook’s Use of Personal Data Is Illegal

by Balch & Bingham LLP on

A Berlin regional court recently ruled that Facebook’s use of personal data was illegal because the social media platform did not adequately secured the informed consent of its users. A German consumer rights group, the...more

FCC Publishes Internet Freedom Order – Clock Starts for Petitions and CRA

by Davis Wright Tremaine LLP on

The FCC sent the Internet Freedom Order to the Federal Register for publication today which will start the clock running for seeking judicial review. Petitions filed in the 10-day window starting today will be eligible for...more

Threaded Tweets Just Got a Whole Lot Easier

by Adrian Dayton on

Have you ever gone on a Twitter rant? We’ve all been there. You have too much to say and it won’t condense nicely into a single tweet....more

Federal Judge Rules Embedded Tweet Violated Copyright

In a surprising ruling, U.S. District Court Judge Katherine B. Forrest, recently ruled that several news organizations and publishers violated a photographer’s copyright when they “embedded” a photo from Twitter on their...more

California Court Holds That YouTube’s Removal Notice Is Not Defamatory

As we have noted previously, YouTube users sometimes object when the online video giant removes their videos based on terms-of-use violations, such as artificially inflated view counts. In a recent California case,...more

Good Time to Try to Register that “#!$@*!ing” Trademark?

by Jaburg Wilk on

On June 19, 2017, the U.S. Supreme Court struck down the disparagement clause of the Lanham Act (15 U.S.C. § 1051 et seq.) in Matal v. Tam (137 S. Ct. 1744), holding that it violates the First Amendment’s free speech clause. ...more

Northern District of Illinois Decertifies TCPA Class Action

by Goodwin on

On February 13, 2018, the U.S. District Court for the Northern District of Illinois decertified a Telephone Consumer Protection Act (TCPA) text-message class in light of new evidence of consent obtained during the...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Analysis of the Fed’s January meeting minutes shows Fed officials suggesting that robust economic growth has created the right conditions for higher interest rates....more

Michigan Hospital Reaches Settlement with DOJ For Marketing Pact

by King & Spalding on

On February 9, 2018, the U.S. Department of Justice (DOJ) announced it reached a proposed settlement with Henry Ford Allegiance Health (Allegiance) over allegations that Allegiance conspired with rival hospitals to engage in...more

Telemarketing Giant to Pay $250,000 Penalty to FTC

by Reed Smith on

InfoCision, Inc., an Akron, Ohio-based company, agreed last month to pay a $250,000 civil penalty and implement recordkeeping and monitoring practices to settle Federal Trade Commission (“FTC”) charges brought by the...more

Monthly TCPA Digest - February 2018

by Mintz Levin on

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines an FCC rulemaking proceeding concerning...more

Texas And CMS Allow More Expansive Uses Of Telemedicine

by Seyfarth Shaw LLP on

This is the second in a series of alerts from Seyfarth’s Health Law practice highlighting significant changes in health care regulations and policy as providers and other industry participants enter 2018....more

Fourth Circuit Asked to Rule on Whether Mortgage Retroactively Incorporates Federal Servicing Requirements

A recent appeal to the Fourth Circuit may shed light on whether Virginia borrowers can assert federal mortgage servicing requirements as a defense to foreclosure when the mortgage instrument pre-dates the federal requirement....more

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