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“Expectorating” the Shell Doesn’t Spit Out the Liability

By John P. Phillips and Sean D. Unger on Feb 21, 2014
Every once in a while you can envision a judge smiling as he writes an opinion – either because the facts are interesting or because the issues provide an opportunity to spin a phrase that is just too good to pass up. Judge Silverman’s decision yesterday for the Ninth Circuit in Lilly v. ConAgra Foods, Inc., Case No. 12-55921, is one of those opinions.


Ninth Circuit Issues Important Case Interpreting Article III Requirements in Statutory Rights Cases

By Thomas A. Counts, Sean D. Unger, and Ryan C. Nier on Feb 05, 2014
Today, the Ninth Circuit issued a decision that may have broad-reaching impact on litigation strategies in those cases. In Robins v. Spokeo, Inc., Case. No. 11-56843 (February 4, 2014), the Ninth Circuit held that in most circumstances, the allegation of a statutory violation will alone satisfy Article III’s pleading-stage standing requirement.


One More Time: FCC Seeks Public Comment on Request to Exempt “On Demand Texts” From New TCPA Regs

By Matt Gibson on Jan 24, 2014
While readers may have thought that requests for clarification of the Federal Communications Commission’s (FCC) rules under the Telephone Consumer Protection Act (TCPA) had become passé, they have not. Earlier this week, the FCC released a new Public Notice in which the agency seeks comment on the Retail Industry Leaders Association’s (RILA) request for clarification whether an “on-demand text service” is subject to the FCC’s prior written consent rule that went into effect last October.


For Some Disease and Health-Related Claims, Two Trials Is Too Much, Says FTC Commissioner

By Behnam Dayanim and Devon Winkles on Jan 14, 2014
Perhaps one of the most controversial changes in approach at the Federal Trade Commission in recent years has been the agency’s requirements for disease and health-related claims. Now there appears to be some dissent within the agency itself.


The Ordinary Course: A Look at Privacy Law Developments in the Google Cases

By Ryan Nier on Dec 18, 2013
The Northern District of California is trying to untangle whether the Electronic Communications Privacy Act (ECPA) applies to behavioral advertising, and the results so far have been mixed. Companies that rely on revenue from targeted advertising to support their business model should take notice, because the outcomes of these two cases could have a big effect on privacy lawsuits.


Not Done Yet: The FCC Asks for Public Input on a Request to Exempt Package Delivery Notices from TCPA Consent Requirements

By Matt Gibson on Dec 04, 2013
When it rains, it pours. Following yesterday’s post, the Federal Communications Commission (FCC) released another Public Notice, this time seeking comment on a proposal from the Cargo Airline Association (CAA) to establish criteria to exempt package delivery notification calls and texts to wireless numbers from the TCPA’s prior express consent requirement.


Another Week, Another TCPA Petition: FCC Seeks Comment on Treatment of User-Initiated SMS under TCPA

By Matt Gibson on Dec 03, 2013
The déjà vu that you may be experiencing is to be expected. As readers are aware from our previous posts, following the Federal Communication Commission’s (FCC) implementation of new rules under the Telephone Consumer Protection Act (TCPA), several companies formally sought clarification of the FCC’s policies. The FCC still appears to be sifting through the petitions that it has received, and on December 2 it released a new Public Notice seeking comment on a Petition for Expedited Declaratory Ruling from a video messaging service provider, Glide Talk, Ltd. 


The FTC Workshop on Privacy, Security, and the Internet of Things

By Lisa A. Nowlin on Nov 26, 2013
With the burgeoning “Internet of Things” comes a new set of consumer privacy and security issues, which were discussed in-depth at a recent FTC workshop on November 19, 2013.


More Clarification Needed: FCC Seeks Public Input on Autodialer Definition under TCPA

By Matt Gibson and Lisa Nowlin on Nov 20, 2013
On November 19, the FCC released a Public Notice soliciting public comment on a petition requesting that the agency clarify the scope of the term "automated telephone dialing system" (ATDS) under the FCC's implementing regulations.


Government Spying and Big Data – What are the Implications for Data Centers and their Customers?

By Behnam Dayanim on Nov 20, 2013
Behnam Dayanim, co-chair of the firm’s global privacy and data security practice and blog managing editor, speaks about the recent revelations of government surveillance of Internet and related communications and the impact of that surveillance on the data center industry.


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