Articles

07.19.16

Text Spam Will Cost iHeartMedia Inc. $8.5M to Settle TCPA Action

Unsolicited text spam will cost iHeartMedia Inc. $8.5 million in a deal to settle a Telephone Consumer Protection Act class action against the company filed in an Illinois state court. Listeners to the company’s radio stations were encouraged to text song requests or send a message to the ...


07.14.16

13-Judge Panel Rejects Brady's Claim That Goodell Ran "Roughshod Over the Rule of Law"

The claim of Tom Brady’s lawyers that his case was crucial for all unionized workers never really rang true. Mr. Brady does not have to punch a time clock, and that is just one of many dissimilarities between him and most union members.   The fact that his lawyers made this argument no ...


07.14.16

VW Will Pay $14.7B in Largest FTC False Ad Suit

Volkswagen made a $14.7 billion deal with the Federal Trade Commission, the Department of Justice, and the California Attorney General over charges that the auto manufacturer deceived consumers with claims about emissions standards for its cars.Last year it was revealed that the German-based ...


07.14.16

FTC's Ban on Certain Payment Types Takes Effect Under Telemarketing Sales Rule

Advertisers, take note: The Federal Trade Commission's ban on certain types of payment under the Telemarketing Sales Rule has now taken effect and the agency has increased the maximum civil penalties for a host of violations of Section 5 of the Federal Trade Commission Act.Last November the FTC ...


07.14.16

Julia Child's Foundation Hungry for a Publicity Rights Lawsuit

Julia Child's estate served up a lawsuit against Airbnb after the company ran a contest invoking the famous chef's name.According to the California state court complaint, the short-term rental service reached out to the Julia Child Foundation for Gastronomy and the Culinary Arts in April, ...


07.13.16

IRS Proposes Clarifications to Benchmark ACA Calculations

The IRS issued a notice of proposed rulemaking (NPRM) that would provide technical clarifications across a range of issues affecting individuals’ eligibility for and amount of ACA premium tax credits, including how benchmark plan premiums are calculated. Notably, the regulations would ensure ...


07.12.16

In Case of Negotiation Breakdown, Always Be Trial Ready

Consider this line from FBI Director James Comey: “We have a name for prosecutors who have never lost—the ‘Chickens--t Club.’” When it comes to going to court, the most important skill isn’t success rate, but fearlessness. Regardless of whether there is going to ...


07.11.16

How Fintech Is Co-Opting the Banking Industry's Directors and What to Do About It

Over the last several years, companies which can be broadly grouped under the umbrella of “fintech,” or financial technology, have been making notable additions to their boards of directors by acquiring talent from traditional financial institutions and regulatory agencies. These ...


07.07.16

A New Path to Regulatory Relief for Banks, Fintech Firms

Community banks indeed need regulatory relief. Regulators generally agree, but their hands are tied as a decade-long enforcement environment drags on. Meanwhile, financial technology firms assert they should not be subject to banking-type regulatory supervision as long as they are not banks or ...


07.07.16

Are "Improvements" Key to Subject Matter Eligibility for Software Patents?

Why it matters: Do software claims that are directed to specific improvements in computer functionality have a greater chance of being found to be non-abstract and patent-eligible under Section 101 of the Patent Act? It would seem so, based on recent activity in the Federal Circuit and the U.S. ...