News & Analysis as of

Exemptions Motion to Dismiss

BakerHostetler

Yer out (for now): MLB dismissed from antitrust lawsuit because of historic antitrust exemption

BakerHostetler on

In a decision that stunned no one (yet will garner plenty of headlines), a federal district court granted a motion to dismiss filed by Major League Baseball (MLB) on the basis of its storied antitrust immunity. Coming almost...more

McDermott Will & Emery

Texas Trade Secret Law May Protect Free Speech, But Not In This Case

McDermott Will & Emery on

The Third District of the Texas Court of Appeals held that an action by an employer against a former employee for breach of contract and trade secret misappropriation fell within the commercial speech exemption of the Texas...more

Womble Bond Dickinson

“Flu Shots Available”: Court Finds that These Three Little Words Are Within the Scope of Consent Provided to Receive Texts Related...

Womble Bond Dickinson on

In Bailey v. CVS Pharmacy, Inc., 2018 WL 3866701 (D.N.J. Aug. 14, 2018), Plaintiff Jaclyn Bailey filed a putative class action alleging that CVS violated the TCPA by sending text messages to its customers notifying them that...more

Wilson Sonsini Goodrich & Rosati

"Two Cops On the Beat Is Nothing Unusual": Ninth Circuit Reverses Panel Decision, Rules FTC Act's "Common Carrier" Exemption is...

On February 26, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an en banc decision in FTC v. AT&T holding that the Federal Trade Commission (FTC) Act’s “common carrier” exemption is activity-based, reversing the...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - November 2014

Ruling on ATDS Capability, California Court Dismisses TCPA Suit - Siding with courts that evaluate a system’s present – not potential – capacity to store or produce telephone numbers when considering whether a system...more

Davis Wright Tremaine LLP

9th Circuit Joffe v. Google "Street View" Decision Raises Questions About Wiretap Act's "Radio Transmissions" Exception

Last week, the Ninth Circuit held that the Wiretap Act prohibits the kind of “interception” and collection of transmissions from unencrypted Wi-Fi networks that Google reportedly followed in compiling Street View data....more

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