Newsletters

10.04.18

Individual Issues Resulting From Oral Consent Ends Certification Effort

Where the defendant in a Telephone Consumer Protection Act (TCPA) case told a judge in the U.S. District Court, Eastern District of Pennsylvania that consent to receive faxed ads was provided orally, individual issues will predominate and preclude class certification, the court ruled.


10.04.18

He Said, She Said: Struggles With Couple’s TCPA Consent Issues

Although a federal judge in the Northern District of Ohio found that a husband provided consent for his wife to be contacted on her cellphone, the judge also rejected the idea that the plaintiff contractually waived his right to revoke consent under the Telephone Consumer Protection Act (TCPA), ...


10.04.18

Manatt’s Continuing Coverage of Significant Post-ACA International Developments

As we have previously reported, the recent ACA International decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC) 2015 automatic telephone dialing system (ATDS) ...


09.27.18

New York City Human Rights Law “Cooperative Dialogue” Requirement

Pursuant to recent amendments to the New York City Human Rights Law, subject to certain exceptions, employers must now engage in a “cooperative dialogue” with employees who have requested an accommodation in connection with matters including (i) religious purposes; (ii) ...


09.27.18

Eighth Circuit Backs Bank’s Policy of Termination for Disqualifying Convictions

A bank did not engage in age bias when it terminated an employee after learning that he had a prior conviction that disqualified him from employment, the U.S. Court of Appeals, Eighth Circuit has affirmed.


09.27.18

Major Data Breach Settlement Between Uber and State AGs

In one of the largest privacy settlements to date, the attorneys general from 50 states and the District of Columbia secured a $148 million settlement from their investigation into a November 2016 hack of driver data from Uber.


09.25.18

Ransomware Attacks in Healthcare: Preparing and Protecting Your Organization

It’s no coincidence that some of the most significant ransomware attacks have targeted the healthcare and financial services industries, as well as municipalities and government entities.


09.25.18

Third Circuit Revives Antitrust Claim Against Blues

A recent Third Circuit decision highlights the potential pitfalls of policy-setting by associations made up of competing entities.


09.25.18

New Webinar: How Can You Protect Your Organization From TCPA Litigation?

Learn the Answer at Manatt’s New Webinar, “Telephone, Texts and the TCPA: Everything Healthcare Organizations Need to Know.”


09.24.18

Special Alert: Ninth Circuit Rules on ACA International

As our regular readers know, Manatt’s TCPA compliance and class action defense team has been tracking and reporting on developments in the courts as well as in the government since the ACA International v. FCC decision earlier this year, in which the D.C. Circuit set aside the Federal ...