Tyco Lawsuit Highlights Importance of Well-Drafted Alarm Contracts

March 29, 2016 A pending lawsuit against Tyco Integrated Security (“Tyco”) in the federal district court for the Southern District of Florida went to trial last week.  The facts and procedural history of this case should serve as yet another reminder that a properly drafted alarm contract is one of the most important assets to

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Seventh Circuit Limits Agency Liability in TCPA Class Action

March 23, 2016 On March 21, 2016, the United States Court of Appeals for the Seventh Circuit affirmed a trial court ruling that found a principal of a small Indiana company liable for some, but not all, of its marketing company’s violations of the Telephone Consumer Protection Act (“TCPA”).  The principal, Jerry Clark (“Clark”), owns

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Landmark Daily Fantasy Sports Settlement between DraftKings, FanDuel and New York

March 21, 2016 Earlier today, reports surfaced that the Attorney General for the State of New York had entered into settlement agreements with fantasy sports industry leaders FanDuel and DraftKings in connection with the companies’ respective pending lawsuits with the State.  Given the size of the New York market, the effects of the settlements will

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FTC Settles TCPA and TSR Violation Charges with Vacation Package Telemarketers

March 21, 2016 Yesterday morning, the Federal Trade Commission (“FTC”) announced that it had reached a settlement with Lilly Management and Marketing, LLC and its principal, Kevin Lawrence (together, “Defendants”).  The FTC commenced an action against Defendants in the Middle District of Florida on March 16, 2016, alleging that the Defendants repeatedly and systematically violated

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FCC to “Rigorously Enforce” TCPA Political Robocall, Text Message Regulations

March 17, 2016 As the 2016 election cycle continues to heat up, the Federal Communications Commission’s Enforcement Bureau (the “FCC” or “Commission”) released an Enforcement Advisory this Monday outlining the Telephone Consumer Protection Act (“TCPA”) regulations governing political robocalls, text messages and pre-recorded calls. Why should political campaigns ensure that their phone calls and text

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FTC deceptive marketing action- Klein Moynihan Turco

Retailer Settles FTC Deceptive Advertising Claims for Product Endorsements on Instagram

March 16, 2016 This Tuesday, the Federal Trade Commission (the “FTC” or “Commission”) announced that it has prospectively reached a settlement with Lord & Taylor, LLC (“Lord & Taylor”) over charges of deceptive advertising in connection with alleged paid Instagram product endorsements for Lord & Taylor’s 2015 Design Lab clothing collection. What legal precautions should sellers

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