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Communications & Media Securities

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

ISPs Off the Hook: Supreme Court Narrows Contributory Copyright Liability

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The U.S. Supreme Court unanimously held that knowledge of users' copyright infringement alone cannot support contributory liability against an internet service provider ("ISP")....more

Herbert Smith Freehills Kramer

FDA pushes for broader powers to curb misleading direct to consumer drug advertising

Building on the Trump administration’s efforts to crack down on deceptive direct-to-consumer (DTC) prescription drug advertising, the Food and Drug Administration (FDA) has recently requested new authority from Congress to...more

Klein Moynihan Turco LLP

Proceed With Caution – DNC List Lawsuit Ends With Massive Settlement

Our readers know that making unsolicited telephone calls to consumers whose telephone numbers are on the National Do Not Call registry (“DNC List”) is a big no-no. The latest evidence of this is a class action lawsuit against...more

Clark Hill PLC

Using DMCA Takedown Notices to Enforce Copyright Online

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In the digital age, where copyrighted information and content are constantly being shared and consumed on the internet, one crucial mechanism for fighting copyright infringement is the DMCA takedown notice. ...more

Ice Miller

Supreme Court Limits Secondary Copyright Liability in Cox Communications, Inc. v. Sony Music Entertainment

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On March 25, 2026, the Supreme Court of the United States issued a landmark decision in Cox Communications, Inc. v. Sony Music Entertainment that significantly narrows the circumstances under which online service providers...more

Schilling Law LLC

When Does the Duty of Care Mean a Duty to Investigate? Navigating Student Complaints About Online Harassment

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It is commonplace that schools have a duty to protect their students from bullying and harassment while they are at school or at school events.  But defining the scope of a school’s duty can be complicated when the harm...more

Kelley Drye & Warren LLP

Institute for Responsible Influence Launches Certification Program

Last year, NAD released its Influencer Trust Index: Consumer Insights 2025. Although the data showed high consumer engagement with influencers, it also showed that many consumers are suspicious of influencer campaigns....more

Cooley LLP

SEC Chairman Atkins Starts His Own Podcast!

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This SEC has embraced social media more than most. I’ve seen some of the Division Directors announcing their speeches and otherwise posting nuggets on LinkedIn – something I can’t recall any prior senior Staffers doing....more

Morgan Lewis

The Limits of Safe Harbor: Platform Control and Copyright Liability After McGucken v. Shutterstock

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The US Court of Appeals for the Second Circuit has revived copyright infringement claims against Shutterstock, Inc., a major online photo licensing marketplace, in a dispute brought by a photographer. The Second Circuit...more

Hogan Lovells

French data protection authority establishes heightened consent rules for tracking pixels in emails

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The French Data Protection Authority (CNIL) released guidance on April 14, 2026 on the use of invisible tracking pixels in electronic mail. The guidance adapts to pixels a strict interpretation of cookie consent rules and...more

Hogan Lovells

Spain’s new telemarketing rules and their impact on luxury retail

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In luxury retail, client relationships are built on trust, personalisation and carefully managed communication. Direct contact with clients—whether through client advisors, concierge services or targeted outreach—is a key...more

Troutman Amin LLP

SERIOUS STUFF: Court Reminds TCPA Lawyers They Could Be Disbarred or Jailed for Submitting False Evidence– And Everyone Should...

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Its getting a little chippy out there in TCPAWorld lately. I’ve been noticing an increasing effort by TCPA litigants to seek sanctions and call each other liars. At issue, ultimately, are the veracity of leads– webform...more

Blank Rome LLP

'Made In America' EO May Not Survive Section 230

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President Donald Trump's March 13 executive order to combat fraudulent "Made in America" claims in advertising takes aim at a familiar enforcement problem in a new venue: online marketplaces. It directs the Federal Trade...more

Fox Rothschild LLP

Your Website’s Pixels May Be Wiretaps: 10 Questions Every Business Should Ask About CIPA

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The plaintiffs’ bar has been ramping up lawsuits under the California Invasion of Privacy Act (CIPA) and federal and state wiretapping statutes for years, and the wave is not receding. Tens of thousands of claims have been...more

Lerman Senter PLLC

Changes in Federal Law May Impact CBD Product Advertising

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For several years, some broadcasters have chosen to air advertisements for cannabidiol (or CBD) products, including beverages, creams, and edibles. CBD is a derivative of hemp, and many products containing it also include low...more

Cozen O'Connor

The State AG Report – 04.16.2026

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • Florida AG Probes OpenAI Over Safety and Security...more

Wiley Rein LLP

Congress Again Approaches Deadline for Extending FISA 702 Authorities, Creating Uncertainty for Communications Providers

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For the second time in three years, Section 702 of the Foreign Intelligence Surveillance Act (FISA) is poised to expire. Section 702 authorizes U.S. intelligence agencies to obtain the communications of non-U.S. persons who...more

Robinson+Cole Data Privacy + Security Insider

CNN Must Defend Privacy Suit Alleging Data Sharing with Microsoft and Adtech Firms

A federal judge has ruled that CNN must face a proposed class action alleging that its website shared consumers’ personal information with Microsoft and adtech firms without consent, in alleged violation of the California...more

Ballard Spahr LLP

CEMA-ingly Endless Litigation: Brown v. Old Navy Turns 1-Year-Old

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Today marks the one-year anniversary of the Washington Supreme Court’s decision in Brown v. Old Navy, LLC, 567 P.3d 38 (Wash. 2025). In response to a certified question from the U.S. District Court for the Western District of...more

Troutman Amin LLP

RABBIT HOLE: Illinois Federal Judge Holds SMS Messages are Calls Subject to the TCPA’s DNC Rules and Tumbling Down We Go

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At least the map doesn’t need to be updated… The seesaw battle over whether an SMS message constitutes a “telephone call” under the TCPA’s DNC provisions continues to rage on....more

Troutman Pepper Locke

The ECPA: A Federal Private Right of Action for Privacy Policy Inaccuracies? (And What You Can Do to Cut Off Class Action...

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An August 2025 federal court ruling has opened the door for plaintiffs to use alleged inaccuracies or misrepresentations in a company’s privacy policy and other privacy disclosures as the basis for a federal wiretapping claim...more

Sheppard, Mullin, Richter & Hampton LLP

EU Commission Releases Age Verification Blueprint

As part of its broader efforts around online age checking, the EU commission announced that it has created its age verification app. Last year the Commission announced that it was working with Member States to create a...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News — April 2026

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)....more

Mintz - Technology, Communications & Media...

FCC Proposes New Numbering Policies to Combat Illegal Robocalls

At its March 2026 Open Meeting, the FCC adopted a Notice of Proposed Rulemaking (NPRM) proposing changes to its telephone numbering policies. The changes are aimed at making it harder for bad actors to obtain and exploit...more

Mintz - Technology, Communications & Media...

Bradford and Bradley — Redefining TCPA Consent in Some Courts

Earlier this year, the Court of Appeals for the Fifth Circuit dropped a bombshell with its decision in Bradford v. Sovereign Pest Control of Texas. The Fifth Circuit reshaped the TCPA landscape when it held that for purposes...more

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