July 18, 2019 In April, the St. Louis Blues (the “Blues”) hockey team made an improbable run from being dead-last in the standings in January, to winning the National Hockey League’s (“NHL”) Stanley Cup Final at season’s end. Throughout that run, Laura Branigan’s 1982 disco hit “Gloria” became the Blues signature song used to celebrate…

July 15, 2019  On March 1, 2019, the Peoples Bank and Trust Company (“Bank”) agreed to a stipulation and order with the Federal Deposit Insurance Corporation (“FDIC”) based in part on alleged violations of the Telephone Consumer Protection Act (“TCPA”). The FDIC’s TCPA action order also alleged that the Bank violated Section 8(i)(2) of the…

July 10, 2019 At the end of June, Illinois Governor J.B. Pritzker signed into law a massive gaming initiative, which includes legalized sports gambling.   While the sports gambling law’s passage does not mean that wagers on sporting events can be accepted right away, it does represent a major legal change in one of the country’s…

July 9, 2019 On May 9, 2019, New York State Senator Kevin Thomas introduced S5642, the New York Privacy Act (the “Act”), to amend the general business law in relation to the management and oversight of consumer personal information. Senator Thomas, citing a 2014 Pew survey, is concerned that Americans may have lost control over…

July 8, 2019 Similar to the EU’s General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act (“CCPA”) grants consumers the right to submit an information request to (and obtain certain information from) businesses with respect to how those businesses collect, store, process, use and share the subject consumers’ personal information.  Under the statute, in…

June 28, 2019 Earlier this month, the New York State Legislature passed a sweeping data protection law entitled, Stop Hacks and Improve Electronic Data Act (S.6933-B) (“SHIELD Act”). If the bill is signed into law by Governor Cuomo, the SHIELD Act will provide residents of New York with greater data and privacy law protections and…

June 27, 2019 On June 24, 2019, in a 6-3 decision, the United States Supreme Court ruled that barring the registration of the trademark “Fuct” would infringe upon the applicant’s First Amendment rights. In 2011, Mr. Erik Brunetti (“Applicant”) applied to register the word mark “Fuct,” an acronym that (he maintains) was derived from the…

June 26, 2019 Although the CCPA is not due to go into effect until January 1, 2020, businesses should take the necessary steps to ensure full CCPA compliance well ahead of that date. By way of background, the California Consumer Privacy Act (“CCPA”) is a consumer-friendly privacy law that mirrors the EU’s General Data Protection…

June 24, 2019 As the United States Supreme Court (“SCOTUS”) wraps up its term, it released a decision concerning whether a federal district court is obligated to follow a Federal Communications Commission Order (“FCC”) regarding the junk fax provisions of Telephone Consumer Protection Act (“TCPA”).   Industry pundits had been patiently awaiting a decision on the…

June 19, 2019 In March, we notified readers of a guidance letter that the United States Postal Service (“USPS”) had issued which addressed how cannabidiol (“CBD”) products may be sent via U.S. Mail. On June 6, 2019, the USPS provided more concrete guidance by revising Publication 52, Hazardous, Restricted, and Perishable Mail, to add CBD…

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