Publications & Presentations
We encourage you to peruse this Publications & Presentations section for timely analysis and industry insights, including bylined articles, client alerts, white papers, practice and industry newsletters, audio and video broadcasts, featuring interviews with our lawyers, as well as case studies highlighting compelling legal challenges our clients have faced.
Also, please visit our Events page to learn more about upcoming seminars, CLE programs, and other presentations which may be of interest.
FCC Expands Reach of Telephone Consumer Protection Act
Authors: Glenn S. Richards, Lauren Lynch Flick, Andrew D. Bluth, Amy L. Pierce
On July 10, 2015, the FCC issued the agency’s long-awaited omnibus Declaratory Ruling and Order. The Ruling focuses largely on providing guidance, particularly for new and emerging technologies, with regard to what an autodialer is and when consent to use one is needed. The Ruling skews heavily on the side of protecting consumers from potentially unwanted calls while allowing some conditional exceptions for certain calls that may be beneficial to consumers. All businesses should immediately reevaluate their calling practices to ensure compliance with the new Ruling, as it is likely to escalate the continued upward trend in TCPA class action filings. Finally, the Ruling establishes that telecommunications providers can implement blocking technology. Therefore, all businesses should be alert to the potential for their calls to be blocked, including by error.
FCC Enforcement Monitor
Authors: Scott R. Flick, Jessica T. Nyman
- Repetitive Children’s Programming Costs TV Licensee $90,000
- It’s Nice to Be Asked: FCC Faults Red-Lighted Licensee’s Failure to Request STA
- FCC Proposes $25,000 Fine for Hogging Shared Frequencies
Angie’s List Accuses Amazon of Home Improvement Hijinks
Authors: Carolyn S. Toto, Kimberly Buffington
Proposed Regulations Target Management Fee Waivers
Authors: C. Brian Wainwright, Brian M. Blum
In the Federal Register for July 23, 2015, the Treasury Department published proposed regulations regarding the circumstances under which partnership allocations and distributions will be treated as disguised payments for services. These proposed regulations are aimed at attempts by investment fund managers to convert ordinary, management fee income into tax-favored long-term capital gains through the use of management fee waivers.
Court of Appeals Warns Against Complacency in the PSLRA’s Safe Harbor
Authors: Bruce A. Ericson, Stacie Kinser
SEC Rule 10b-5 makes it unlawful to misstate a material fact (or omit to say something if the omission would render misleading what you do say) in connection with the purchase or sale of a security. The Private Securities Litigation Reform Act (PSLRA) created a safe harbor for statements that are forward-looking and accompanied by meaningful cautionary language. In a recent decision, the D.C. Circuit revisited the standard for forward-looking statements, and placed special emphasis on the accompanying cautionary language, holding that statements which fail to account for historical facts cannot be meaningful. The opinion should serve as a timely reminder for companies to review and update their cautionary language.