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Buchalter TCPA Digest: More ATDS Cases Slip Past Pleading Stage, Plaintiffs Keep Trying to Leverage Facebook’s FN7, and Florida Enacts Not-so-“Mini” TCPA
Buchalter, July 2021

  The TCPA and other related regulations over telemarketing and “robocalling” continue to evolve at a quick pace, creating uncertainty and posing challenges for any business that contacts consumers through calling or texting. This past month has seen more important developments in the wake of the Supreme Court opinion in Facebook v. Duguid, which gave us a narrow interpretation of the statutory ATDS definition...

New TMT legislation in Russia
ALRUD Law Firm, July 2021

We would like to inform you of several draft laws in the TMT area, that were adopted by the Russian Parliament, and finally signed by the President. We have prepared a short description for you below...

Telecommunications Business in Thailand
Kudun and Partners, June 2021

Due to the Covid-19 pandemic, the telecommunications business has not grown as substantially as anticipated. However, based on a forecast of the National Broadcasting and Telecommunications Commission (the “NBTC”), the business should have an opportunity to grow in the near future...

Technology Law Advisory – Other Service Providers (OSPs) Regulations, 2021
Kochhar & Co. Advocates & Legal Consultants, June 2021

On June 23, 2021, the Department of Telecom (“DoT”) released revised regulations relating to Other Service Providers (“OSP”) replacing the previous OSP regulations that were issued last year. This client update provides a summary of key issues that have been addressed by the new regulations. SUMMARY OF NEW OSP REGULATIONS Effective Date. The regulations are stated to come into force immediately...

Ripple Effects of Supreme Court’s TCPA Decision Still Developing for Companies Using Auto-Dialers
Dinsmore & Shohl LLP, June 2021

If you work in the Telephone Consumer Protection Act (TCPA) space, you are certainly aware of the landmark unanimous decision by the United States Supreme Court in Facebook v Duguid[1], in which the Court narrowed the definition of an automatic telephone dialing system (ATDS) to equipment that has the capacity to either store or produce numbers using a random or sequential number generator. On its face, this decision seemed benign (the definition of an ATDS is unchanged)...

International Comparative Legal Guides — Fintech 2021 Malaysia Chapter
Shearn Delamore & Co., June 2021

Dear valued clients, colleagues and friends,Our TMT Partners, Christina Kow and Timothy Siaw, have co-authored the Malaysian chapter of The International Comparative Legal Guides – Fintech 2021. The chapter covers a broad overview of common issues in fintech laws and regulations in Malaysia.The Fintech LandscapeFunding For FintechFintech RegulationOther Regulatory Regimes / Non-Financial RegulationAccessing Talent TechnologyTo read more, please click here...

Malaysian Chapter in The Intellectual Property Review, 10th Edition
Shearn Delamore & Co., June 2021

Dear valued clients, colleagues and friends,Our Head of the Intellectual Property Practice Group, Karen Abraham, has authored the Malaysian chapter of The Intellectual Property Review, 10th Edition published by The Law Reviews. The chapter provides a summary and overview of the types of intellectual property coverage available in Malaysia, together with updates of recent legal developments.1...

The Rapid Growth of Telemedicine Startups to Combat COVID-19
Kudun and Partners, June 2021

The rapid spread of Covid-19 has placed the healthcare system in Thailand under severe pressure. Following the outbreak of the pandemic, new startups focusing on telemedicine have sprung up to take on the challenge of innovating the way healthcare services can be provided to patients...

Lessons in IT Contracts: Beware of the Cancellation Clause
ENSafrica, May 2021

In Markit Systems (Pty) Limited v Fulcrum Group (Pty) Limited, the Gauteng Local Division of the High Court held that the customer was within its rights to cancel an agreement it had with a service provider because the parties had not been able to agree on the scope and details to be included in the schedule to the agreement...

Shoosmiths’ Response to The Law Commission’s Consultation on Autonomous Vehicles
Shoosmiths LLP, May 2021

The Law Commission recently released its third and final consultation paper on autonomous vehicles. The paper launched a consultation process with the aim of developing policy and seeking regulatory recommendations for the deployment of autonomous vehicles on British roads. Earlier consultation papers sought to collate views on overall vehicle safety and the regulation of automated passenger services (e.g. driverless buses, trains, and taxis)...

The Draft National Data and Cloud Policy: Possible Implications for Data Hosting and Cloud IT Services
ENSafrica, May 2021

On 1 April 2021, the Department of Communications and Digital Technologies published the Draft National Data and Cloud Policy (GG No. 44389). The vision of the policy is move "towards a data intensive and data driven South Africa"...

The Post-Facebook TCPA Landscape: How the Supreme Court’s Opinion on the Definition of ATDS Has Changed Legal Risk for Companies That Text or Call Consumers
Buchalter, May 2021

By: Artin Betpera The Telephone Consumer Protection Act has for over a decade been a source of significant legal risk for any business that communicates with consumers by phone or text.  The TCPA prohibits making calls without consent to cell phones using an “Automatic Telephone Dialing System” (“ATDS”), and contains a private right of action that provides for statutory damages of $500 up to $1,500 per offending call or text...

Cambodia: Monthly Legal Update – April 2021
DFDL, April 2021

New Promulgated Law and Subsequent Regulations on Health, Administrative and Other Measures during Covid-19 Outbreak In response to the recent community outbreak of Covid-19 on 20 February 2021, the Royal Government of Cambodia (“RGC”) promulgated and issued a number of regulations, specifically: Law on Preventative Measures against the Spread of Covid-19 and other Highly Contagious Diseases dated 11 March 2021 (“Preventative Measures Law”); Sub-Decree 37 dated 12 Ma

Is it Time for the Resign of the E-Sign “Reasonable Demonstration?”
Bradley Arant Boult Cummings LLP, April 2021

The E-Sign Act was signed into law over two decades ago. To put that into context, smart phones as we know them did not exist—the most popular mobile phone in 2000 was a flip phone, the Nokia 3310, and the first iPhone would not debut for another seven years. The most popular website was AOL because many people were still using AOL as their internet service provider. Google was a fledgling company with its search engine just starting out among the mainstays like Excite and Lycos...

United States Supreme Court Exempts Certain Technology from the TCPA
Dinsmore & Shohl LLP, April 2021

In Facebook v. Duguid, (Case No. 19-511) on April 1, 2021, the United States Supreme Court unanimously confirmed that equipment without the capacity to randomly or sequentially store or produce numbers is not an autodialer for TCPA purposes. The Facebook ruling focuses on text messages, which many institutions are using as a primary method of customer contact, but it is also a victory for those using predictive dialers and preview dialers without random and sequential source codes...

Telehealth Fraud and Abuse: What’s Next in Compliance and Enforcement for Healthcare’s Hottest Area?
Bradley Arant Boult Cummings LLP, February 2021

In 2020, telehealth went from promising ancillary issue to center stage in the healthcare industry. Regulators and law enforcement took notice. With enforcers’ attention now squarely on telehealth fraud and abuse, telehealth providers and companies are poised to be among the main targets for civil and criminal enforcement in the coming years. Webinar Recording Key Takeaways Telehealth is a key enforcement priority for federal and state enforcement agencies, including the U...

WEBINAR - Online intellectual property threats and best practices amid Covid-19 in the Asia Pacific region
Shearn Delamore & Co., February 2021

Dear valued clients, colleagues and business partners, You are invited to join a remarkable panel of speakers who will discuss some of the latest trends in online infringement related to Covid-19 pandemic and best practices for developing a sound brand protection strategy for your intellectual property...

Supreme Court Guidelines on the Conduct of Videoconferencing
SyCip Salazar Hernandez & Gatmaitan, February 2021

The Supreme Court has issued Supreme Court Administrative Matter No. 20-12-01-SC (Re: Proposed Guidelines on the Conduct of Videoconferencing) dated December 9, 20201 (Court Videoconferencing Guidelines) to ensure that hearings via videoconferencing are conducted in an orderly manner and that the constitutional rights of the accused are protected...

Consultation Announced on Changes to the Electronic Communications Code
Shoosmiths LLP, February 2021

The Electronic Communications Code was subject to a wholesale re-write in 2017, with the intention of facilitating the faster roll-out of the UK’s digital communications infrastructure. Three years on, the government has commenced a consultation on proposals to revise aspects of the Code to ensure it is fit for purpose...

Mandatory Pre-Installation of Russian Applications
ALRUD Law Firm, February 2021

The introduction of mandatory pre-installation of applications developed by Russian market players, caused by a wave of cases of abuse by global companies of their dominant position in digital markets, is a significant innovation in Russian antitrust and consumer protection law. To reduce the risks of restricting competition and balance the bargaining power of global corporations with small domestic application developers, amendments to the Law dated February 7th 1992 No...

Interagency Fraud Enforcement Action Highlights Telepharmacy Compliance Risks
Dinsmore & Shohl LLP, February 2021

In a recent press release, the U.S. Department of Health and Human Services Office of Inspector General (HHS/OIG) announced five additional guilty pleas relating to a $1 billion telepharmacy fraud scheme. However, unlike many health care fraud cases, this particular case was investigated over the course of three years by an interagency team comprised of personnel from HHS/OIG, the U.S. Department of Justice (DOJ), the U.S. Food and Drug Administration (FDA), the U.S...

New National Labour Council CLA Sets Framework for Covid-Telework
ALTIUS/Tiberghien, February 2021

Traditionally, Belgian labour law distinguishes between two forms of telework, namely structural telework, regulated by the Collective Labour Agreement n° 85, and occasional telework, regulated by the Act on Workable and Agile Work. Since the start of the Covid-19 pandemic, a third category has been added, namely 'Covid telework', which was, at a certain point, recommended but has now been made compulsory again by the government...

Revised Telecoms Legislation Enters Into Force
Walder Wyss Ltd., January 2021

Parliament has revised the federal telecoms legislation – in particular, the Federal Telecommunications Act (TCA) and its various implementing ordinances. These revised regulations entered into force on 1 January 2021. The revision of the telecoms legislation brings about several fundamental changes that affect consumers as well as telecoms service providers (TSPs) and telecoms operators...

Telehealth's Moment: The Effect of COVID 19 First Wave Enforcement Actions, and What Lies Ahead for Compliance and Enforcement in Healthcare’s Hottest Area
Bradley Arant Boult Cummings LLP, December 2020

Introduction If 2020 has been defined by COVID-19 pandemic, the healthcare industry in 2020 might be defined by a related single issue — telehealth. Those phenomena are obviously connected. While telehealth has been around in varying forms for years, COVID-19 accelerated its growth, use, and acceptance in unprecedented ways. With that growth comes changes. Reimbursement rules have evolved as telehealth has grown and become more accepted...

Telehealth's Moment: The Effect of COVID19 First Wave Enforcement Actions, and What Lies Ahead for Compliance and Enforcement in Healthcare’s Hottest Area
Bradley Arant Boult Cummings LLP, December 2020

Introduction If 2020 has been defined by COVID-19 pandemic, the healthcare industry in 2020 might be defined by a related single issue — telehealth. Those phenomena are obviously connected. While telehealth has been around in varying forms for years, COVID-19 accelerated its growth, use, and acceptance in unprecedented ways. With that growth comes changes. Reimbursement rules have evolved as telehealth has grown and become more accepted...

 

 

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