September 2, 2016 A recent decision in Silverstein v Keynetics, Inc. et al, by a federal judge in the Northern District of California has provided a glimmer of hope to email marketers that the seemingly limitless reach of California’s anti-spam law may finally be abating. In a spam lawsuit ruling that relied heavily on the […]
Federal Court Serves Up Big Win for Email Marketers in Spam Lawsuit Read More »
September 1, 2016 This Monday, seven-time Grammy Award-winning recording artist Gladys Knight commenced a federal unfair competition lawsuit against her own son and his businesses in connection with a chain of Atlanta-area chicken and waffle restaurants bearing Knight’s name and likeness. How can businesses avoid legal issues related to third-party names and brands?
Gladys Knight Files Unfair Competition Lawsuit Against Her Son Read More »
August 31, 2016 Last week, the plaintiff collegiate athletes in a putative class action lawsuit pending in the Southern District Court of Indiana filed their opposition to FanDuel and DraftKings’ respective motions to dismiss. The opposition seeks to keep alive the claims that the fantasy sports companies violated their rights of publicity under Indiana law
Student Athletes Fight to Keep Fantasy Sports-Related Right of Publicity Claims Alive Read More »
August 30, 2016 Last Tuesday, the federal district court for the Northern District of California held oral arguments on a motion for summary judgment filed by Yelp in a consumer privacy lawsuit involving other prominent technology companies, including Twitter, Apple and Instagram. The lawsuit focuses on various application developers’ use of a “find friends” feature,
Yelp Seeks Dismissal of Consumer Privacy Lawsuit Read More »
August 20, 2016 On August 22, 2016, the United States District Court for the Northern District of California denied a motion for class certification in a putative class-action lawsuit alleging violations of the Telephone Consumer Protection Act (“TCPA”). The plaintiffs, various medical offices, sued the defendants alleging that defendants sent unsolicited fax advertisements for medical
August 22, 2016 This month, contest sponsor PKG Investments LLC d/b/a “Fire & Ice” and others were sued in a Santa Fe, New Mexico County Court by the family of a woman who choked to death during a racy, on-premises corn dog eating contest earlier this year. What steps can sweepstakes and contest sponsors take
Risqué Contest Sponsor Sued by Contestant’s Family After Promotion Fatality Read More »
August 18, 2016 This Tuesday, the Eight Circuit Court of Appeals affirmed a Minnesota federal district court’s dismissal of a website user’s lawsuit and prospective class action involving the privacy policy and information sharing practices of video game retailer and magazine publisher GameStop, Inc. d/b/a Game Informer (“GameStop”). How important are website privacy policies?
Well-Drafted Privacy Policy Saves the Day for GameStop Read More »
August 17, 2016 This month, the Federal Communications Commission (the “FCC” or “Commission”) issued a Declaratory Ruling clarifying what type of Telephone Consumer Protection Act (“TCPA”) consent is required for certain telephone calls and text messages made/delivered by utility companies. When can utility companies and their affiliates make autodialed calls?
FCC: No Additional TCPA Consent Required for Certain Calls to Utilities Customers Read More »