New World Order for E-Cigs

May 23, 2016 This month, the Food and Drug Administration (“FDA”) released a highly anticipated rule chiefly aimed at bringing e-cigs and other nicotine vaporizing technology products within its regulatory purview.  For years, the e-cig industry has been allowed to grow and flourish within a legal grey zone as a non-tobacco product.  Under intense pressure […]

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How Will the Supreme Court’s Spokeo Decision Affect TCPA Lawsuits?

May 20, 2016 This week, the U.S. Supreme Court issued a potentially landmark ruling in Spokeo, Inc. v. Robins (No. 13-3339), a case filed under the Fair Credit Reporting Act of 1970 (the “FCRA”) but expected to have much wider implications, including for Telephone Consumer Protection Act (“TCPA”) lawsuits. Could Spokeo help defendants in TCPA

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Is A Streamlined 214 Application Process Coming?

May 16, 2016 Last week, the National Telecommunications and Information Administration (“NTIA”), the President’s chief adviser on telecommunications issues, submitted a request to the Federal Communications Commission (“FCC”) for it to take certain measures which the NTIA anticipates will streamline the 214 application process.  We have previously written about the 214 license application requirements for

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Discovery Dispute Lingers in “Stairway to Heaven” Copyright Infringement Case

May 12, 2016 With a jury trial scheduled to begin in just over a month, Led Zeppelin, their music publisher and record label continue to feud with the estate of a founding member of the rock band Spirit over the allowance of expert depositions in a copyright infringement case surrounding the song “Stairway to Heaven.”

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Caribou Coffee Wakes Up to TCPA Class Action

May 10, 2016 A class action lawsuit was filed in the United States District Court for the Western District of Wisconsin last Thursday morning, alleging that Caribou Coffee Company, Inc. (“Caribou”) violated the Telephone Consumer Protection Act (“TCPA”) by sending unsolicited text message advertisements without obtaining the prior express written consent to do so.  The

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Two Plaintiffs Voluntarily Withdraw from NYC Marathon Sweepstakes Lawsuit

May 9, 2016 This January, we reported on a proposed class action sweepstakes lawsuit filed on behalf of all runners who entered the New York City Marathon’s (“Marathon”) general entry drawing (“Drawing”) between 2010 and 2015.  Last month, two of the named plaintiffs voluntarily withdrew their claims against the Marathon’s organizer and operator – New

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