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Disputes over Insurance Coverage for Alleged TCPA Violations
During the past several years, there has been an increase in the number of lawsuits that allege violations of the Telephone Consumer Protection Act, 47 U.S.C. ' 227 (2006) (“TCPA”), and a corresponding increase in the number of coverage disputes over TCPA liabilities. The TCPA, enacted in 1991, restricts telephone (including cellular phone) solicitations and limits the use of fax machines in contacting individuals or businesses which have not given prior express consent to receive those solicitations. The TCPA provides for statutory penalties ranging from $500 to $1,500 per individual communication, with that higher penalty imposed as treble damages for willful or knowing violations of the Act. 47 U.S.C. ' 227(b)(3)(B, C) (2006).
TCPA suits are attractive to plaintiffs' lawyers because litigants have the option of seeking either their actual damages or statutory damages instead. Plaintiffs' lawyers use putative class actions in an attempt to aggregate the number of violations on which to recover ' and as technology continues to make mass marketing easier and more efficient, the number of violations resulting from a single marketing program can be enormous.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.