After establishing the issues of preemption and standing, how can you sue for violations of CAN-SPAM? Is there any way for spam to be combated by an individual? Yes, there is by suing for fraud or deception, which are not explicitly covered under the CAN-SPAM Act. So, how do you…
So, now that we know more about preemption in the CAN-SPAM Act, then what more is there to consider? There is actually quite a lot of other factors, namely standing. Now that you know how the federal CAN-SPAM Act and state laws may interact, there leaves the question of “standing.” …
Spam, for those lucky enough to be unfamiliar about it, are those unsolicited commercial emails that often clutter up inboxes with offers of sales and services that range from the reliable to the questionable. Due to the issues presented to consumers, Congress, in its wisdom, enacted a law called the…
As the implementation of the European Union Privacy Shield comes closer, other elements of the shield come into influence and place restrictions on businesses that transfer data between the United States and Europe. Further adding onto this, is the General Data Protection Regulation. This can be a major issue in…
In recent years, states have continued to collect tax from e-commerce transactions. Louisiana has recently joined in on the trend and allowed the state to tax businesses without a physical presence there. This is a trend that we have discussed in the past and we encourage our readers to catch…
This one isn’t an April Fools’ prank. On April 1, 2016, the Federal Communications Commission (“FCC”) announced its proposed rulemaking to create regulation that would bind Broadband Internet Access Service (“BIAS”) providers in the interest of enhancing privacy towards consumers. This proposal has raised objections from AT&T, Comcast, USTelecom, and…
Trademarks and branding are an important part of any business organization. They build the organization’s reputation in providing a product or service. In late January, the Fine Brothers, had made an attempt to begin a new business venture in licensing their trademarks and intellectual property to create a larger media…
In recent years, the internet has connected the general public across continents. Notably, it can be expected that data can easily travel across countries in a blink of an eye, without any delay and on a daily basis. The transfer of data is an important part in business as well. …
Trademarks are a vital part of how your business is branded and how you appeal to clients and consumers. What about those trademarks that push the boundaries on what is socially acceptable? Generally, the government may not protect those marks that are beyond what is socially acceptable. What is socially…
As we discussed in part one of this issue, during the late morning of December 2, 2015, a couple armed with weapons walked into a banquet room filled with people. At first, the attack was categorized as another mass shooting that ended in a large number of fatalities. As the…