• 02.14.19

    Gym Wins Dismissal After Court Finds Texts Informational

    A gym muscled its way out of a Telephone Consumer Protection Act (TCPA) class action after a Louisiana federal court determined that the text messages it sent to a member were informational in nature and dismissed the suit.

  • 02.14.19

    Text Messages Part of Ongoing Business Transaction, California Court Rules

    Text messages confirming a plaintiff’s hotel reservations—that also encouraged the recipient to download the defendant’s app—were not advertising or marketing under the Telephone Consumer Protection Act (TCPA), a California federal court has ruled.

  • 02.14.19

    Plaintiff’s Attempt at Tolling Doctrine Falls Short in Third Circuit

    The U.S. Court of Appeals, Third Circuit recently refused to toll a plaintiff’s Telephone Consumer Protection Act (TCPA) claims based on allegedly illegal faxes that were sent in 2005.

  • 02.14.19

    Second Circuit Rejects Use of Rule 67 to Moot TCPA Claims

    Following in the footsteps of the U.S. Court of Appeals, Seventh Circuit, the Second Circuit held that a deposit of the full amount of an individual Telephone Consumer Protection Act (TCPA) claim pursuant to Federal Rule of Civil Procedure 67 does not moot the action.

  • 02.14.19

    Manatt’s Continuing Coverage on Significant Post-ACA International Developments

    Nearly a year after the D.C. Circuit’s ACA International decision changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC) 2015 automatic telephone dialing system (ATDS) guidance, courts still ...

  • 01.31.19

    HHS Publishes Health Industry Cybersecurity Practices

    In December 2018, the Department of Health and Human Services published “Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients” (HICP).

  • 01.29.19

    Predictable Scheduling Regulations May Require Call-In Pay for Employees

    Pursuant to anticipated new “predictable scheduling” regulations, New York employers may soon have to provide employees with “call-in pay” for certain unworked hours.

  • 01.28.19

    Supreme Court Holds Sale Requiring Confidentiality Can Qualify as Prior Art

    In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., the Supreme Court affirmed the Federal Circuit’s decision that the sale of an invention to a party who is contractually obligated to keep the invention confidential can qualify as prior art to place the invention “on ...

  • 01.25.19

    FAA Proposes New Rules Expanding Drone Operations Over People and at Night

    On January 14, 2019, Secretary of Transportation Elaine Chao announced that the Federal Aviation Administration (FAA) would be publishing in the Federal Register a Notice of Proposed Rulemaking (NPRM) that proposes to permit the flight of approved unmanned aircraft systems (UAS), or drones, over ...

  • 01.17.19

    Privacy and Data Security 2018 Year in Review

    In many ways, it was the year of data privacy. In this article, we identify five of the biggest trends in privacy and data security, including the mammoth European Union General Data Protection Regulation (GDPR) taking effect, the hurried passage of the California Consumer Privacy Act (CCPA), the ...