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Benesch

Staying Ahead of the Curve: Adapting to Evolving Cyber Regulatory Enforcement

Benesch on

As calls for executive accountability for cybersecurity intensify, it is essential for companies to scrutinize the adequacy of ephemeral messengers, such as Signal, WhatsApp, WeChat, and Snapchat, in light of both present and...more

Oberheiden P.C.

Social Media Lawsuits: When Can (and Should) Families File?

Oberheiden P.C. on

The social media harm litigation against Meta, Google, ByteDance, and Snap is starting to gain steam. To date, approximately 500 social media addiction lawsuits have been filed throughout the United States, with the majority...more

Kelley Drye & Warren LLP

Federal Communications Commission FY 2024 Regulatory Fees Are Due Thursday September 26, 2024.

Recently, we provided guidance regarding the upcoming deadline for payment of FCC annual regulatory fees, which are due this Thursday, September 26, 2024. Parties that have not yet addressed this payment are advised to do so...more

BCLP

What the FTC Final Rule Means for Reviews and Testimonials: A Six-Part Series

BCLP on

The Federal Trade Commission (FTC) has published a long anticipated Final Rule on the Use of Consumer Reviews and Testimonials that prohibits certain practices the FTC deems misleading or deceptive, provides additional...more

Akin Gump Strauss Hauer & Feld LLP

En Banc Decision: 5th Circuit Finds USF Funding Mechanism Unconstitutional - Update

The 5th Circuit Court of Appeals has ruled the Universal Service Fund (USF) funding mechanism is unconstitutional. The full court, sitting en banc, rejected the framework established by the Federal Communications Commission...more

Haug Partners LLP

Amazon Won-Oh-Won Its Patent Challenge Against Broadband

Haug Partners LLP on

On September 3, 2024, the Federal Circuit issued a precedential decision affirming a district court decision where claims relating to “video-on-demand” systems did not constitute patentable subject matter because the claims...more

Morrison & Foerster LLP - Social Media

Social Links: TikTok Trademarks, Social Signposts, And Robot Rock

Sick of the “very demure, very mindful” social media trend yet? The U.S. Patent and Trademark Office probably is too. Our national nightmare began on August 5 when TikToker Jools LeBron uploaded a video of herself...more

Vondran Legal

Boxing Piracy and the "Internet defense" is it viable?

Vondran Legal on

When your restaurant, bar, nightclub, sports bar, barber shop, gym, country club, cigar bar other similar establishment decides to air the latest and great UFC fight or other sports match in your venue, you need to understand...more

Harris Beach PLLC

Keeping Track of AI Regulations Percolating in New York

Harris Beach PLLC on

While states such as Colorado (and, perhaps shortly, California) have led the pack when it comes to AI regulation, the state of New York won’t be left behind. There are currently more than 60 bills pending in New York that...more

Pillsbury Winthrop Shaw Pittman LLP

2024 Third Quarter Issues/Programs List Advisory for Broadcast Stations

The next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ Public Inspection Files by October 10, 2024, reflecting information for the months of July, August, and September 2024....more

Houston Harbaugh, P.C.

Federal Court says Jimmy Kimmel’s Prank on George Santos Passes As Fair Use

Houston Harbaugh, P.C. on

In a ruling that’s being hailed as a win for fair use, a federal judge has tossed out a lawsuit brought by disgraced ex-congressman George Santos against late-night TV host Jimmy Kimmel, in Santos v. Kimmel, American...more

McGlinchey Stafford

Lack of Actual Knowledge and Prior Express Consent Defeats FDCPA and TCPA Claims

McGlinchey Stafford on

The U.S. District Court for the District of Nevada granted a defendant’s motion for summary judgment in a case arising under the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA). It...more

Klein Moynihan Turco LLP

Court Rules TCPA Consent Cannot be Transferred

On September 19, 2024, Judge Lorna G. Schofield, District Judge for the United States District Court for the Southern District of New York, issued an informative TCPA consent-related decision in Watson v. Manhattan Luxury...more

Nelson Mullins Riley & Scarborough LLP

AT&T Consent Decree Underscores Telecommunications Carriers’, Vendors’ Obligations to Protect Customer Data

On Sept. 17, the Federal Communications Commission (FCC) announced that it has reached a Consent Decree with AT&T Services Inc. to resolve an investigation into a data breach that occurred in January 2023. AT&T's vendor...more

Holland & Knight LLP

Federal Court Searches for Answers in Antitrust Ad Tech Trial Against Google

Holland & Knight LLP on

Since early September 2024, the U.S. Department of Justice (DOJ) presented its case-in-chief against Google in a lawsuit accusing the company of anti-competitive and monopolistic practices in the complex digital advertising...more

Cooley LLP

FCC Enforcement Actions Pose New Risks for Vendors to Telecom Companies

Cooley LLP on

Last week, the Federal Communications Commission (FCC) released a $13 million settlement with AT&T that concluded an investigation into a third-party data breach that exposed AT&T customer data. This is the latest in a series...more

Troutman Pepper

New York Federal Court Certifies TCPA Class Where Phone Numbers Were Obtained Through a Third-Party Website

Troutman Pepper on

In Aley v. Lightfire Partners, LLC, a U.S. District Court in the Northern District of New York certified aa Telephone Consumer Protection Act (TCPA) class action for all persons whose telephone numbers were on the National Do...more

Klein Moynihan Turco LLP

Medicare One-to-One Consent Rules Go Into Effect October 1!

Readers of this blog are aware of the fact that, beginning on October 1, 2024, the Medicare one-to-one consent rules will go into effect – requiring Third Party Marketing Organizations (“TPMOs”) who engage in Medicare-related...more

Dechert LLP

Social Media Ownership: Court Applies 2nd Circuit’s Novel Test

Dechert LLP on

We have previously written an OnPoint about the law concerning ownership of social media accounts in light of the explosive growth in the use of such media for commercial advertising, product development and customer...more

Akin Gump Strauss Hauer & Feld LLP

5th Circuit Finds USF Funding Mechanism Unconstitutional in En Banc Decision

On September 9, 2024, Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel announced at an event in Washington, D.C. that the agency will be seeking Supreme Court review of a recent decision finding aspects...more

McGlinchey Stafford

Court Finds Mass Arbitration Bellwether and Delegation Provisions Unconscionable

McGlinchey Stafford on

The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling, found that a bellwether provision related to mass arbitrations was unconscionable. Avia...more

Hendershot Cowart P.C.

FTC Advertising Compliance for Med Spas, IV Hydration

Hendershot Cowart P.C. on

The Federal Trade Commission (FTC) has broad authority over marketing and advertising, including for medical spas and other healthcare businesses. While there aren't specific regulations tailored solely to med spas or...more

Pillsbury - CommLawCenter

EAS Participants Must File FCC Form One by October 4, 2024

The FCC’s rules require that all Emergency Alert System (EAS) Participants update their identifying information in the EAS Test Reporting System (ETRS) annually.  Accordingly, all EAS Participants must update and submit their...more

Nelson Mullins Riley & Scarborough LLP

Meta's Bid to Dismiss Biometric Privacy Class Action Rejected by Illinois Federal Judge

An Illinois federal judge has denied Meta's attempt to dismiss a biometric privacy class action involving its Messenger and Messenger Kids apps. The plaintiffs, a group of parents and children, allege that Meta unlawfully...more

Arnall Golden Gregory LLP

Rock You Like a Migraine: OPDP Issues Notice of Violation for Misleading Representations in TV Ad That Promoted Popular Migraine...

In 1984, the international rock band, The Scorpions, released the song, “Rock You Like a Hurricane.” Forty years later, the Food and Drug Administration’s Office of Prescription Drug Promotion rocked a pharmaceutical company...more

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