September Regulatory Dates for Broadcasters – Regulatory Fees, Lowest Unit Rates, and Comments On Multiple Ownership, Online Public File for Radio and MVPDs, Music Licensing and Class C4 FM Stations

By | Broadcast Law Blog | August 28, 2014
September Regulatory Dates for Broadcasters – Regulatory Fees, Lowest Unit Rates, and Comments On Multiple Ownership, Online Public File for Radio and MVPDs, Music Licensing and Class C4 FM Stations

September is one of those few months of the year where there are no regular FCC filing deadlines – no quarterly issues programs lists, no children’s television reports, no annual EEO public file reports, and no ownership reports or renewal deadlines. 

New Data Disposal Law in Delaware Requires Action by Impacted Businesses

New Data Disposal Law in Delaware Requires Action by Impacted Businesses

While the federal government continues its inaction on data security bills pending in Congress, some U.S. states have been busy at work on this issue over the summer.  A new Delaware law H.B. 295, signed into law on July 1, 2014 and effective January 1, 2015, provides for a private right of action in which a court may order up to triple damages in the event a business improperly destroys personal identifying information at the end of its life cycle. 

Second Circuit Cuts the Cord On Aereo’s Cable Company Argument

Second Circuit Cuts the Cord On Aereo’s Cable Company Argument

Earlier this summer, the Supreme Court overturned a favorable district court ruling, finding that Aereo’s television streaming service violated U.S. Copyright law.  After the 6-3 decision, the case was remanded to the Second Circuit Court of Appeals.  There, Aereo argued that the court should treat the company like a cable system, which would allow the streaming service to obtain a statutory license for transmitting programming to its subscribers.

FTC’s Letters to Retailers Regarding Concussion-Related Products Has Us Scratching Our Heads

By | All About Advertising Law | August 26, 2014
FTC’s Letters to Retailers Regarding Concussion-Related Products Has Us Scratching Our Heads

It is almost football season and the FTC tries to stay seasonal; around this time in 2012, it announced a settlement with football mouthguard manufacturer Brain-Pad regarding unsubstantiated concussion prevention claims.  Subsequently, the FTC has sent warning letters to other manufacturers of sporting equipment regarding concussion prevention claims.  This year, however, the FTC has called a different play.  On August 21, the FTC announced

Even Being in Jail or Consulting with a Lawyer May Not Help Avoid Personal Liability for FTC Claims

By | All About Advertising Law | August 25, 2014
Even Being in Jail or Consulting with a Lawyer May Not Help Avoid Personal Liability for FTC Claims

A recent ruling by the Ninth Circuit affirmed a district court’s order permanently enjoining an individual defendant (Kyle Kimoto) in an FTC action from engaging in a variety of marketing tactics and requiring the individual to pay restitution.  In doing so, the Ninth Circuit rejected the defendant’s argument that his being incarcerated for mail and wire fraud  related to prior FTC violations precluded the requisite level of involvement necessary to impose liability.  The court also rejected his effort to invoke an “advice of counsel” defense.