On Demand Insurance is Here But Will it Stay?
The Ever-Expanding Scope of Social Media Discovery
Is the Patent Litigation Boom Coming to an End?
Apple Loses First 'Big' Case to MobileMedia, Lawyer Says
A district court in the District of Arizona granted a motion to dismiss in a Telephone Consumer Protection Act (TCPA) case on the basis that multimedia messaging service (MMS) texts do not constitute prerecorded messages...more
The Electronic Frontier Foundation (EFF) (www.eff.org) is a wonderful resource for privacy-related issues and concerns. I check its website frequently to make sure I am aware of the latest issues and concerns around privacy....more
UK regulators are probing ties between disgraced financier Jeffrey Epstein and Barclays CEO Jes Staley. The bank’s board is so far standing 100% with Staley, who has expressed “regret” over his relationship with Epstein....more
On 13 January 2020 the Turin Court of Appeals dismissed the appeal filed by the National Insurance Provider ("INAIL") and upheld the first instance decision issued by the Court of Ivrea in 2017, which had established...more
More than a year has passed since the Federal Communications Commission (FCC) ended its supplemental comment period aimed at providing guidance on the definition of an “automatic telephone dialing system” (ATDS or autodialer)...more
In a controversial decision, on May 15, 2019, the US Commerce Department announced the addition of Huawei Technologies Co., Ltd. (“Huawei”) and 68 affiliates to its Entity List. As a result, export licenses for Huawei are...more
The surprising settlement between tech giants Apple Inc. and Qualcomm Inc. sealed Intel’s fate as a producer of the wireless chips used in smartphones, such as Apple’s iPhone. ...more
Samsung announced yesterday that it’s postponing the official mass-market introduction of its new foldable smart phone (originally set for the end of the week) based on reports that the pricey device has been malfunctioning....more
As smartphones become more ubiquitous, it’s increasingly common for businesses to communicate with employees or customers via text messages. However, using such messages as a means to communicate may expose the business to...more
On January 24, 2019, the Office of Inspector General (“OIG”) issued a favorable advisory opinion allowing a pharmaceutical manufacturer (“Manufacturer”) to temporarily loan limited-functionality smartphones to financially...more
In the recent case of Marks v. Crunch San Diego, LLC, 904 F.3d 1041 (9th Cir. 2018) the Ninth Circuit broadly interpreted the TCPA’s definition of automatic telephone dialing system (often referred to as ATDS) to include...more
Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern...more
I just finished reading through most of the big consumer-side comments from notable Plaintiff’s lawyers, and consumer protection organizations. News flash: they all agree that the FCC should adopt the Marks interpretation of...more
In Marks v. Crunch San Diego, LLC, No. 14-56834, 2018 WL 4495553 (9th Cir. Sept. 20, 2018), the Ninth Circuit gave us a new definition of an automatic telephone dialing system. Crunch argues that in expanding the definition...more
As we get near Halloween, how about a quick tale of a phantom lurking in our halls? Amidst all of the hubbub surrounding the big Marks opinion a couple weeks back–including the FCC’s decision to re-open the comment period...more
Ever since the D.C. Circuit’s ruling six months ago in ACA Int’l v. FCC, 885 F.3d 687 (D.C. Cir. 2018), which invalidated the FCC’s interpretation of an Automatic Telephone Dialing System (“ATDS”), a consensus had been...more
In a ruling that increases liability for companies that use text messaging for marketing or communicating with customers, the U.S. Court of Appeals for the Ninth Circuit adopted an expansive definition of what constitutes an...more
We clearly do not have a crystal ball here in TCPAland, otherwise we would have been able to accurately predict the Ninth Circuit’s monumental recent decision in Marks v. Crunch San Diego, LLC, 2018 WL 4495553 (9th Cir. Sept....more
• Parting company with the 3rd Circuit, the 9th Circuit has ruled that equipment that can automatically dial stored numbers may qualify as an ATDS under the TCPA. • The ruling creates a split of authority as to whether the...more
I am speaking at a conference in one of my favorite cities (okay, it’s Chicago) and I was having dinner at the bar when the patron next to me asked me what I do for a living. ...more
China has become a new battlefield in the global patent war amongst tech giants in the telecom industry. On 4 January 2018, the Shenzhen Intermediate People’s Court (“Court“) rendered a landmark judgment in the Huawei v....more
On March 16, 2018, the D.C. Circuit issued its long-awaited opinion on the FCC’s 2015 Declaratory Ruling and Order (“2015 Order”) interpreting various sections of the Telephone Consumer Collection Practices Act (“TCPA”). Of...more
Verizon's Protected Health Information Data Breach Report Concludes that Insiders Are Greatest Threat to Health Care Entities - Verizon recently issued its Protected Health Information Data Breach Report, which is always...more
There is a global malware campaign that is targeting mobile devices across the world. It is called Dark Caracal, which is believed to be sourced in Beirut by the Lebanese General Security Directorate. ...more
• CFIUS takes an unprecedented step to fend off a potential foreign acquisition • The threat that China will eclipse the U.S. in telecommunications infrastructure and technology is central to U.S. national security •...more