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McDermott Will & Emery

Secondary Meaning: Consumers Connect Product with Single Anonymous Source

Reversing and remanding a district court’s grant of summary judgment in favor of an accused trade dress infringer, the US Court of Appeals for the Ninth Circuit explained that trade dress does not need to be linked to a...more

Holland & Knight LLP

Second Circuit Rules Faxed Invitation Is Not 'Unsolicited Advertisement' Under TCPA

Holland & Knight LLP on

Less than a year ago, the U.S. Supreme Court in Facebook v. Duguid, 141 S. Ct. 1163 (2021), dealt a significant blow to the Telephone Consumer Protection Act (TCPA) plaintiff's bar, when it adopted a narrow interpretation of...more

Goodwin

Second Circuit Disagrees With Third Circuit TCPA Ruling Regarding Unsolicited Advertisements

Goodwin on

On January 6, 2021, the Second Circuit issued an order criticizing and declining to adopt a Third Circuit ruling regarding the scope of the term “unsolicited advertisement” under the Telephone Consumer Protection Act...more

Baker Donelson

AHA Survey Identifies Continuing Problems with Medicare RAC Program

Baker Donelson on

The American Hospital Association (AHA) published its RACTRAC Survey results for the third quarter of 2012. The AHA created the survey in response to the lack of information released by CMS on its Medicare RAC program. For...more

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