News & Analysis as of

Cell Phones

Perkins Coie

New Jersey Appellate Court Sets Constitutional Limits on Tower Dump Warrants

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Earlier this month an appellate court in New Jersey issued an opinion in State v. Bryant, holding that tower dumps are Fourth Amendment searches that require particularized warrants supported by probable cause. This...more

Troutman Amin LLP

B2B TCPA NIGHTMARE: Court Refuses to Credit Deposition Testimony at Motion to Dismiss Phase– Allows DNC Claim to Proceed Despite...

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B2B callers are constantly facing TCPA DNC risk despite the fact the DNC supposedly only applies to residential lines. The issue, of course, is that cell phones are often used for both business and personal use–especially...more

Troutman Amin LLP

SETTLEMENT REJECTED: $700k TCPA/CEMA Resolution Deemed Insufficient By Court

Troutman Amin LLP on

A common TCPA issue when state Mini-TCPA statutes are involved is determining who is subject to the state laws given that cell phone users might use area codes for a state but not live in that state....more

Troutman Amin LLP

LONG WAY: Freight Company Western Express Settles Wrong Number TCPA Class Action for $185.00 Per Head

Troutman Amin LLP on

Interesting new class action settlement I just picked up. Looks like Western Express was allegedly made a bunch of robocalls to 14,697 wrong numbers. Not good....more

Esquire Deposition Solutions, LLC

Protecting Deposition Materials at the Border

Government border agents conducted over 55,000 warrantless searches of cell phones and other electronic devices during the past year, according to recent federal reports. The latest statistics reflect a 17 percent jump...more

Cimplifi

Taming Modern Data Challenges: Mobile Devices and Possession, Custody & Control

Cimplifi on

The explosion in the volume of data over the past 15 years has significantly impacted the practice of electronic discovery, the increasing variety of data has probably forced the most changes in eDiscovery workflows. There...more

Pillsbury - CommLawCenter

FCC Enforcement Monitor ~ September 2025

A national wireless provider entered into a Consent Decree with the FCC’s Enforcement Bureau for marketing a smartphone in the United States prior to receiving equipment authorization for it from the Commission.  The phone...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

You Have The Right To Remain Silent… And Refrain From Giving The Police Your Phone Passcode!

The Third Circuit’s recent decision in United States v. Curry, 2025 WL 2647753, (Sept. 16, 2025) limits the scope of a defendant’s Fifth Amendment protections in the digital age. The Court addressed whether evidence seized...more

Cozen O'Connor

New York Note: Manhattan Shakeups, Adams Reaffirms Candidacy, NYS School Phone Ban, and Trump Targets NYC

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Major Shakeups Ahead for Manhattan’s West Side Representatives -Manhattan is poised for significant political changes at nearly every level of government over the next 18 months, with several elected representatives leaving...more

American Conference Institute (ACI)

[Event] 16th Annual Law of Policing Conference, Western Edition - November 5th - 6th, Surrey, BC, Canada

Gain balanced, in-depth insights on today’s most pressing challenges for police services, associations, boards and oversight agencies and legal counsel and investigators at Canadian Institute’s 16th Annual Law of Policing...more

Klein Moynihan Turco LLP

What Is A “Residential Subscriber” Under The TCPA?

Our readers may recall a piece in which we discussed a recent decision from the United States Supreme Court which more than opened the door to judicial review of the Telephone Consumer Protection Act’s (“TCPA”) implementing...more

Bradley Arant Boult Cummings LLP

Supreme Court Ruling Shakes TCPA Litigation to the Core

On June 20, 2025, the Supreme Court issued perhaps the most momentous decision in Telephone Consumer Protection Act history with McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. This landmark ruling jettisons...more

Troutman Amin LLP

THE DEATH OF PRESUMPTION: Are Cell Phones Still “Residential” Post McLaughlin?

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The TCPA landscape is being reshaped in real time and we’re here to bear witness. With the Supreme Court’s decision in McLaughlin Chiropractic Assocs. v. McKesson Corp., No. 23-1226, 2025 U.S. LEXIS 2385 (June 20, 2025), the...more

Troutman Amin LLP

TEXTS AREN’T CALLS!: State Appellate Court Holds Text Messages Are Not Telephone Calls Were Purposes of Criminal Statute

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Since 2009 Courts have been applying FCC rulings suggesting that text messages are calls subject to the TCPA even though text messages didn’t exist at the time the TCPA was passed and the statute does not mention text...more

Kohrman Jackson & Krantz LLP

Dialing Down the Distractions: New Ohio Bill Aims to Ban Cellphone Usage in the Classroom

Amid ongoing conversations about student focus and classroom distractions, Ohio lawmakers are considering new measures to regulate cellphone use in schools. These discussions reflect growing concerns among educators, parents,...more

Troutman Pepper Locke

White House Releases List of Products Excluded From Reciprocal Tariffs

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On April 11, the White House released a Presidential Memorandum, “Clarification of Exceptions Under Executive Order 14257 of April 2, 2025, as Amended,” which exempts a list of semiconductors and electronics from reciprocal...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Ohio Department of Education & Workforce

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Ohio Implements New Technology Policy Across All Public Schools - As the role of technology continues to evolve, the policies governing it must also follow suit. As of July 1, 2025, every public school in Ohio will be forced...more

Troutman Pepper Locke

US v. Brown: District of Columbia Circuit Rules on Compelled Biometric Unlocking of Cellphones

Troutman Pepper Locke on

On January 17, the District of Columbia Circuit issued a pivotal opinion regarding the Fifth Amendment rights of a defendant-appellant compelled by the FBI to unlock his cellphone using his thumbprint. The D.C. Circuit’s...more

DLA Piper

Direct to Device Satellite Services and MSS Services: Upcoming Regulatory Changes

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New satellite services are in development which will permit satellites to communicate directly with unmodified end user phones. These services fall into a category of satellite services known as direct to device services, or...more

Proskauer Rose LLP

Wealth Management Update - January 2025

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The January 2025 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 5.2%, an increase from the December 2024 rate of 5.0%. The January applicable federal rate (“AFR”) for use with...more

Sheppard Mullin Richter & Hampton LLP

Will CBP Search Your Employee’s Laptop and Cell Phone at the Port of Entry?

Cell phone and laptop searches do happen but they are relatively rare. Although the Fourth Amendment right to be free of unreasonable searches and seizures is drastically reduced at a port of entry, as are expectations of...more

Littler

Dear Littler: Are There Limits to Cell Phone Expense Reimbursement?

Littler on

Dear Littler, Our company has a few employees who work hybrid positions and some who are fully remote in California. We put in place a remote work stipend a few months ago (covering internet, utilities, and other home office...more

Sheppard Mullin Richter & Hampton LLP

Will CBP Search Your Laptop and Cell Phone at the Port of Entry?

Cell phone and laptop searches do happen but they are relatively rare. Although the Fourth Amendment right to be free of unreasonable searches and seizures is drastically reduced at a port of entry, as are expectations of...more

Cozen O'Connor

The State AG Report – 12.05.2024

Cozen O'Connor on

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: •Republican AGs Counter Latest Student Loan Repayment...more

Fisher Phillips

Education Officials Learn Dangers of AI After Citing False Studies in Official Document: 5 Steps for School Administrators to...

Fisher Phillips on

A state education department recently released and circulated an official policy document riddled with false citations because administrators used generative AI to help create it, highlighting concerns over the use of GenAI...more

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