Adding to a growing body of decisions considering federal preemption of the California Invasion of Privacy Act (“CIPA”), Judge Chen of the Northern District of California held yesterday that there is no complete preemption, either express or implied, by the federal Wiretap Act. As a result, Judge Chen granted plaintiff’s motion to remand one class
July 2012
The IRS and 501(c)(4) Groups: Change May Come, But Not Quickly Enough For Some
In an exchange of letters released Monday by Democracy 21 and the Campaign Legal Center, the IRS has stated that it will consider changes in the rules relating to political activity by 501(c)(4) organizations as it works to identify tax issues that should be addressed through regulations or other published guidance. The IRS letter can…
N.Y. Court Holds that DMCA Safe Harbor Applies to Pre-1972 Sound Recordings
Recently, in UMG Recordings v. Escape Media Group, a New York state court held that the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”) may provide the operator of the website grooveshark.com protection against state law copyright claims based on pre-1972 sound recordings.
The DMCA provides a “safe harbor” against…
Rhode Island Revises Its Campaign Finance Laws to Require Additional Disclosure of Independent Expenditures
Rhode Island recently joined the growing list of states that have updated their campaign finance laws to reflect the impact of the U.S. Supreme Court’s decision in Citizens United. Important revisions to the state’s statute took effect at the end of June 2012. The new law requires that independent expenditure ads or electioneering communications aired…
Survey Says … SEC Pay-to-Play Policies Are on the Rise
By Derek Lawlor
More investment firms are adopting policies to address compliance with the SEC pay-to-play rule, according to a recent survey conducted by the Investment Adviser Association, the ACA Compliance Group, and Old Mutual Asset Management. The survey of 555 firms found that 43% of firms reported adopting pay-to-play policies as part of larger compliance policies,…
California AG Creates New Privacy Enforcement and Protection Unit
By Yaron Dori
California Attorney General Kamala Harris yesterday announced the creation of a Privacy Enforcement and Protection Unit in her office that will focus on protecting consumer and individual privacy through civil prosecution of federal and state privacy laws. The Unit will be staffed by six prosecutors who will focus on privacy enforcement. Joanne McNabb, formerly of…
District Court Declines To Shut Down Video Streaming Service
Last week, a federal district court declined to enjoin Aereo’s “Watch Now” streaming service pending the outcome of a full trial in the copyright infringement law suit filed by the major networks and broadcast stations serving the New York DMA against Aereo. The parties sought to enjoin Aereo from streaming their programming for the duration of the…
Is Increased Criminal Enforcement of Election Laws on the Way Because the FEC and DOJ Are Making Nice-Nice?
Way back in the 1970s, the FEC and the Department of Justice signed a Memorandum of Understanding (the “MOU”) outlining how they would manage their concurrent jurisdiction for violations of the Federal Election Campaign Act. The FEC has civil jurisdiction and the DOJ has criminal jurisdiction. But over the years, the relationship between the two…
Ouch! Traps for the Unwary In FEC Electioneering Communications Reports
On July 13, the FEC announced a settlement with Americans for Common Sense Solutions. The group agreed to pay a penalty of $9,000 for failing to report $121,000 in electioneering commutations attacking Reps. Capps (D – Calif.) and Cicilline (D-R.I.) within 60 days of the November 2010 general election. FEC MUR 6443. The group’s defense:…
CFPB Issues Rule to Supervise Larger Participants in Consumer Reporting Market
By Mike Nonaka
The Consumer Financial Protection Bureau (CFPB) has issued a final rule to implement its authority under section 1024 of Dodd-Frank to subject “larger participants” in the consumer reporting market to CFPB supervision. The rule will have significant consequences for companies in the consumer reporting industry. The final rule follows a proposed rule issued in February…