Redial unsuccessful - TCPA claims still unavailable in New York *

USA - May 2 2013
Plaintiffs still cannot dial up TCPA claims in New York. On May 1, 2013, Judge William F. Kuntz, II of the Eastern District of New York denied a…

Co-authors: Emilio W. Cividanes, Michael C. Hartmere , Edward P. Boyle, Thomas E. Gilbertsen.

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Telemarketers dial quickly - TCPA class action dismissed for now *

USA - March 15 2013
On March 12, 2013, Judge William F. Kuntz II of the Eastern District of New York entered a memorandum and order in Bank v. Independence Energy Group…

Co-authors: Michael C. Hartmere , Edward P. Boyle, Emilio Cividanes.

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The impact of the Supreme Court’s recent decision in Clapper v. Amnesty International USA on privacy and data-security litigation *

USA - March 5 2013
On February 26, 2013, the Supreme Court decided Clapper v. Amnesty International USA, which clarified the standard to establish Article III standing…

Co-authors: Joeann E. Walker, Edward P. Boyle, Thomas E. Gilbertsen, Emilio Cividanes, David N. Cinotti .

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California's Song-Beverly Credit Card Act does not apply to online downloadable purchases *

USA - February 15 2013
For now, online retailers can rest assured that they are not liable under California's Song-Beverly Credit Card Act if they require customers to…

Co-authors: Douglas C. Emhoff , Emilio Cividanes, Melissa C. McLaughlin .

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California Supreme Court holds that Song-Beverly Act does not apply to online downloadable purchases *

USA - February 11 2013
On February 4, 2013, the California Supreme Court held in Apple Inc. v. Superior Court (Krescent) that the Song-Beverly Credit Card Act's prohibition…

Co-authors: Douglas C. Emhoff , Edward P. Boyle, Emilio Cividanes, Melissa C. McLaughlin .

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