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Legislation, Regulation Posts
Halting Business And Seizing A Domain Without A Moment’s Notice
Jan 15, 2016
Halting Business And Seizing A Domain Without A Moment’s Notice
Photo credit: Wikipedia Commons- Uploaded by NativeForeigner Every year, the Consumer Electronics Show in Las Vegas proves to be one of the more interesting conventions to attend. 2016 did not disappoint: companies showed off cool innovations in displays, robotics, and integrated smart technology across the consumer products platform. Adding to the excitement at this year’s…
The Federal Wiretap Act and the Law of Unintended Consequences
Mar 2, 2015
The Federal Wiretap Act and the Law of Unintended Consequences
The law of unintended consequences – a distant cousin of Murphy’s Law – states that the actions of human beings will always have effects that are unanticipated and unintended. The law could prove a perfect fit for recent efforts by class action counsel to rely upon the Federal Wiretap Act in lawsuits arising from…
For-Profit Education Flunking Regulations Overload 101
Sep 15, 2014
For-Profit Education Flunking Regulations Overload 101
The last few years have been tough on the for-profit education industry – it’s not easy being the target of a host of federal and state investigations. For-profit educators have been poked and prodded by, among others, the U.S. Congress, a coalition of state attorneys general, the Consumer Financial Protection Bureau, the Federal Trade…
Google/Viacom Win Video Privacy Protection Act Case – Common Sense Finally Emerges
Aug 4, 2014
Google/Viacom Win Video Privacy Protection Act Case – Common Sense Finally Emerges
In an important decision in a federal court case in New Jersey, In Re Nickelodeon Privacy Litigation, Google and Viacom obtained a dismissal of a claim against them under the Video Privacy Protection Act (“VPPA”). The decision narrows the scope of who can be liable under the VPPA and what information is within the…
TCPA Litigation Explosion Leads to Rule Clarifications
Apr 10, 2014
TCPA Litigation Explosion Leads to Rule Clarifications
Congress enacted the Telephone Consumer Protection Act (“TCPA”) to protect consumers from unwanted telemarketing, fax marketing, and prerecorded/auto-dialed phone calls. Recently, there has been an explosion in TCPA litigation, including class action litigation. In response, several parties have asked the Federal Communications Commission (“FCC”) to clarify certain of the agency’s TCPA rules to provide relief…
Electronic Cigarette Advertising Practices Draw Legislative Attention – Will Regulations Follow?
Mar 6, 2014
Electronic Cigarette Advertising Practices Draw Legislative Attention – Will Regulations Follow?
Advertisements for electronic cigarettes, or “e-cigarettes,” are increasingly drawing scrutiny from consumer advocates and public health groups who are calling for the federal government to regulate these advertisements in the same manner that traditional cigarette advertisements are regulated. The e-cigarette industry is growing at a rapid pace, particularly among younger people. Last year, the industry…
Affiliate Marketers Need to Be Aware of the CFTC
Jun 23, 2013
Affiliate Marketers Need to Be Aware of the CFTC
Some affiliate marketers have recently gotten involved in the risky world of online trading. Online trading, particularly the trading of binary options, has become an attractive alternative for some affiliate marketers to traditional forms of online marketing. However, those companies that do get involved in this market must be aware of the presence of the…
Is Equifax Selling Your Salary Information?
Mar 8, 2013
Is Equifax Selling Your Salary Information?
According to a recent NBC News report, Equifax, one of the three largest American credit reporting agencies, has assembled an enormous database containing employment and salary information for more than 190 million U.S. adults. Very few people knew of the existence of the database, but the information in it allegedly is being sold to third…
Maryland AG Launches New Internet Privacy Unit, Plans Aggressive Enforcement
Feb 5, 2013
Maryland AG Launches New Internet Privacy Unit, Plans Aggressive Enforcement
Maryland Attorney General Douglas Gansler (D) has announced that his office is launching a new Internet Privacy Unit designed to address issues related to online privacy and to ensure that companies are in compliance with state and federal consumer protection laws. The unit will also handle issues related to cyberbullying and cybersecurity. Gansler, who also…
NFL Sacks Football Fan’s Effort to Trademark ‘Harbowl’
Jan 30, 2013
NFL Sacks Football Fan’s Effort to Trademark ‘Harbowl’
When the Baltimore Ravens and San Francisco 49ers won their NFL conference championship games, a Super Bowl matchup emerged with a great storyline — the opposing head coaches are brothers. An interesting legal question has also developed regarding the right to trademarks associated with the match-up between brothers. Last February, Roy Fox, a football fan…
