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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.

Recent Publications


August 2015
Keep Calm and Broadcast On: A Guide for Television Stations on Airing Captions and Audible Crawls in an Emergency
Authors: Scott R. Flick, Jessica T. Nyman

The FCC requires video programming distributors, including TV stations, to make the critical details they air regarding any local emergency accessible to all audience members, including those who are deaf or hard of hearing and those who are blind or visually impaired. The following Advisory is intended to help TV broadcasters understand their obligations under the FCC’s Emergency Information Accessibility Rules.

8/4/2015
New York and English Courts Issue Similar Joint Memoranda on the Enforcement of Money Judgments with Dubai Courts
Authors: David G. Keyko, Christopher D. Gunson, James R. Tumbridge, Brian Beckerman*

The March 23, 2015 Memorandum of Guidance issued jointly by the Dubai International Financial Centre Courts (DIFC Courts) and the U.S. District Court for the Southern District of New York (SDNY Court) follows the same pattern as an earlier joint memorandum released by the DIFC Courts and Commercial Courts of England and Wales and explains the courts’ respective rules on the recognition and enforcement of money judgments.

8/3/2015
OEM Disclaimers Withstand Challenge in Helicopter Crash
Damage to helicopter from defective part constitutes excluded consequential damages
Authors: Melissa B. Jones-Prus, Mark N. Lessard

On July 2, 2015, the U.S. District Court for the Eastern District of New York issued a decision in City of New York v. Bell Helicopter Textron, Inc., 13 CV 6848 that left the plaintiff without any remedy against the manufacturers of a helicopter which crashed as a result of a defective engine.

July 2015
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.

July 2015
FCC Enforcement Monitor
Authors: Scott R. Flick, Jessica T. Nyman

Headlines:

  • 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



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