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Akin Gump Strauss Hauer & Feld LLP | USA | 23 Apr 2020

2nd Circ. Ruling Widens TCPA Autodialer Circuit Split

Ever since Marks v. Crunch San Diego LLC[1] which broadly interpreted "automatic telephone dialing system" in the Telephone Consumer Protection Act to…
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Keller and Heckman LLP | USA | 17 Jan 2019

Keller and Heckman’s Telecommunications Procurement Update — Winter 2019 (Wireline Services)

This Update is intended for enterprise IT, telecom, procurement staffs, and in-house counsel responsible for telecommunications management and…
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Shawe Rosenthal LLP | USA | 27 Dec 2018

Leaving Work Early Due to Fear of Rush-Hour Traffic Is Not a Reasonable Accommodation

An employee requested that she be permitted to leave work early every day due to her anxiety triggered by driving home in heavy traffic (those of us…
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Mintz | USA | 30 Nov 2018

CAFC Affirms Prior Jury Verdict Admissible in Upholding $140M Verdict against Time Warner

On November 30, 2018, the Federal Circuit affirmed a jury verdict awarding Sprint Communications Company, LP ("Sprint") damages in the amount of $139…
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Adams and Reese LLP | USA | 5 Oct 2018

FCC Welcomes Comments to Clarify Reach of Sweeping 9th Circuit TCPA Ruling

Aware that a recent court ruling broadly interpreting the term “automatic telephone dialing system” (ATDS) in the Telephone Consumer Protection Act…
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K&L Gates LLP | USA | 13 Sep 2018

Board’s lack of independence from interested director excuses stockholder demand as futile

In Sciabacucchi v. Liberty Broadband Corp., et al., C.A. No. 11418-VCG (Del. Ch. July 26, 2018), the Delaware Court of Chancery denied in part a…
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Kilpatrick Townsend & Stockton LLP | USA | 29 Aug 2018

Cutting a class defendant some slack: the S.D.N.Y. rejects a “least sophisticated consumer” test in dismissing “slack-fill” class action

There has been a proliferation of “slack-fill” class action litigation. These cases are premised on the notion that a large product…
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Troutman Pepper | USA | 6 Aug 2018

Spokeo Strikes Again: Why Challenges To Standing Are Key

On July 13, 2018, in Dutta v. State Farm Mutual Automobile Insurance Company, the Ninth Circuit affirmed the district court’s decision granting…
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Manatt Phelps & Phillips LLP | USA | 12 Jul 2018

AG’s False Advertising Suit Challenging Broadband Claims Not Preempted

A New York appeals court rejected the defendant’s preemption argument and affirmed that the state attorney general (AG) can pursue Charter…
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Kilpatrick Townsend & Stockton LLP | USA | 9 Jul 2018

S.D.N.Y. joins N.D. Cal. in rejecting claim that “diet” soda is deceptive to a reasonable consumer

Takeaway: Defendants confronted with deceptive labeling class actions often face an uphill battle in convincing courts, at the threshold motion to…
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