Communications, Media & Entertainment

Believe it or not, there are companies that make legitimate “robocalls,” and those companies strive to comply with the Telephone Consumer Protection Act (TCPA). If you’ve received an appointment reminder from your doctor or dentist, a package delivery notification, or a school closure notification lately those messages were likely delivered to your phone using an automated calling system (robocalling). For these legitimate robocallers, TCPA compliance is a constant challenge, and one of those challenges is…
The FTC has long claimed expansive authority under the FTC Act to obtain injunctions and monetary judgments. Its claim to that expansive authority is somewhat creative, however, and has always rested on a shaky foundation. Litigants have begun taking aim at that claimed authority. In recent blog posts, we have written about challenges to the prevailing standard that governs when the FTC can obtain an injunction. Such challenges are enjoying some measure of success; important…
Last week, the Copyright Royalty Board announced its calculations for whether there would be a cost of living increase in the 2019 rates that Internet radio stations pay to SoundExchange for the public performance of sound recordings. In its initial release on the subject, the CRB’s announcement indicated that commercial webcasters would continue to pay at the rate of $.0018 per performance (set after a cost of living increase last year – see our post
I know you’re ready to think about your goals for next year. Ready to put pen to paper, chisel to stone.  Before you do that, think about the goals you had for the current year.  How’d you do? If you’re like me, you missed a lot of things and you’re not happy about it. You set big goals because you want to accomplish big things, but you’re tired of falling short.  It’s discouraging. It makes…
Jordy Mercer, the veteran 32-year-old shortstop, has signed with Scott Boras of Boras Corporation. Mercer is coming off a 2018 campaign in which he played in 117 games and slashed .251/.315/.381 for the Pirates, where he has spent his entire seven year career. He was drafted in the third round (79th overall) of the 2008 MLB Draft by the Pirates out of Oklahoma State. For his time in Stillwater, he was not only the team’s…
In the fall of 2016, former Miami Marlins pitcher Jose Fernandez was killed in a boat crash off the coast of Miami Beach at the age of 24. The right-handed pitcher was selected by the Marlins in the first round of the 2011 MLB Draft and quickly became the face of the franchise. Fernandez, a Cuban-born defector developed into a baseball success as he earned NL Rookie of the Year and an All-Star appearance in…
It was announced that media mogul Gary Vaynerchuk and his business partners in VaynerX have acquired Reed Bergman’s Playbook Inc. to create a new company, VaynerTalent. The new venture is made up of the existing division of VaynerMedia, VaynerTalent and Playbook, all under the VaynerX umbrella. Reed Bergman, a sports industry veteran with over 25 years experience, has developed valuable relationships, generated revenue for world-class athletes, franchises and brands including Mercedes Benz, Anheuser-Busch and…
Last Friday, our friend August Horvath of Foley Hoag presented at an Advertising Self-Regulatory Council (ASRC) conference on consumer perception surveys.  Among the many interesting observations made by August were the following: Over a 5+ year period, June 2013 to present, only 36 cases or 8 percent of total NAD cases, included reference to a consumer perception survey.   I would have expected it to be slightly higher. 42 surveys were submitted in support of the…
How large is the market for the Internet of Things (IoT)? In 2017, the number of IoT products in use was about 8.4 billion. That’s a massive number, and a 31 percent increase over the previous year. And the market continues to grow exponentially; connected products are now found in virtually every area of our lives. So are regulations keeping pace? In this hoganlovells.com interview, Christine Gateau, a partner at Hogan Lovells in Paris, explores…
On 20 November 2018, the UK government published its response (the “Response”) to the June 2018 consultation (the “Consultation”) regarding the proposed new Centre for Data Ethics and Innovation (“DEI”). First announced in the UK Chancellor’s Autumn 2017 Budget, the DEI will identify measures needed to strengthen the way data and AI are used and regulated, advising on addressing potential gaps in regulation and outlining best practices in the area. The DEI is described as…