Articles

07.06.17

Reaching Customers Through Ringless Voicemail: A Legal Perspective

Ringless voicemail technology is a way for businesses to contact consumers without interrupting them on their mobile phones. Also known in the CRM industry as voice drops, v-drops and direct drops, this technology allows businesses to leave messages on a consumer’s voicemail box without ever ...


06.28.17

Spotlight on the False Claims Act June 2017

By John F. Libby, Partner | Jacqueline C. Wolff, Partner | Kenneth B. Julian, PartnerWhy it matters: On May 30, 2017, the Department of Justice announced that Medicare Advantage Organization (MAO) Freedom Health Inc. and nine of its related entities, as well as its former chief operating officer, ...


06.28.17

Nice Guys (Get to Keep Their Property After All)

"Nearly half-a-century ago, the California Supreme Court decided Gion v. City of Santa Cruz, 2 Cal. 3d. 29 (1970). In that case, the court expanded the concept of 'implied dedication' beyond the bounds that had previously contained it. After Gion, evidence that, for a period of ...


06.28.17

Q&A: D.C. Attorney General on Consumer Protection Efforts

State attorney general's offices have become increasingly active in enforcing consumer protection issues. I recently spoke to Karl Racine, Attorney General for the District of Columbia, on his office's priorities related to consumer protection. Following is a transcript of that ...


06.23.17

Is Your Private Property Really Public?

Developers typically provide POPOS because cities require them or in exchange for density bonuses or relaxation of municipal height and setback restrictions. Although the square footage of an individual POPOS may be small, their aggregate footprint can be quite large – at least 530 of these ...


06.22.17

OCC Offers Advice on Fintechs, Marketplace Lenders

By Brian S. Korn, Partner, Financial ServicesIn a new bulletin providing supplemental guidance on third-party relationships, the Office of the Comptroller of the Currency (OCC) answered frequently asked questions about the relationships between financial institutions and fintechs, among other ...


06.22.17

California Appellate Panel Affirms $6.8M Penalty Against Overstock

By Richard P. Lawson, Partner, Advertising, Marketing and MediaIn affirming a $6.8 million penalty against Overstock.com for deceptive pricing, a California appellate panel found that the amount was not excessive.District attorneys in eight counties filed suit in 2010, claiming that the Internet ...


06.22.17

House Passes Dodd-Frank “Repeal”

By Ellen R. Marshall, Partner, Financial ServicesIn a vote along party lines, the House of Representatives passed the Financial CHOICE Act of 2017, which would eliminate or scale back many of the provisions found in the Dodd-Frank Wall Street Reform and Consumer Protection Act.What ...


06.19.17

AI, IoT and Consumer Privacy

It has been estimated that 80 percent of the world’s data has been created in the past two years, and by all reasonable measures, we are only just getting started. Already, 2.5 billion gigabytes of data are generated per day. To give some context, a review of one gigabyte of emails is ...


06.15.17

Weight Loss Drug Gains FDA Warning About False Advertising

By Jeffrey S. Edelstein, Partner, Advertising, Marketing and MediaIn the first warning letter sent since President Donald J. Trump took office, the Food and Drug Administration (FDA) cautioned the maker of a weight loss drug about false advertising.A 60-second television ad for Orexigen ...