January 2016

Revised Hart-Scott-Rodino Thresholds Take Effect

January 26, 2016 by Anthony P. Aaron, George A. Gasper,
Effective February 25, 2016, revised thresholds are being used to determine whether companies must notify federal agencies about a proposed transaction prior to closing.  Specifically, the Hart-Scott-Rodino (HSR) Antitrust Improvements Act requires parties to notify the Federal Trade Commission and the Department of Justice before completing transactions that exceed applicable “size of transaction” and “size of person” thresholds.

Court Clarifies “Human Intervention” in the TCPA after the FCC’s Declaratory Ruling

January 19, 2016 by Martha Kohlstrand, Associate
Just a few weeks ago, a district court in California recognized that under the July 2015 Federal Communications Commission (“FCC”) Declaratory Ruling there is no bright-line test for how much “human intervention” is required for a piece of equipment to avoid being classified as an Automatic Telephone Dialing System (“ATDS”). In Sherman v. Yahoo!, Inc., Case No. 3:13-cv-0041-GPC-WVG, 2015 U.S. Dist. LEXIS 167177 (Dec. 14, 2015), the Court considered Yahoo’s SMS Messenger Service, which permits registered Yahoo users to send instant messages to cellular phones using their computers. 

Third Circuit Addresses Definition of Autodialer under the TCPA

January 14, 2016 by Martha Kohlstrand, Associate
In a recent ruling, the Third Circuit Court of Appeals addressed the question of what is meant by an Automated Telephone Dialing System (“ATDS”) under the TCPA. While the opinion, Dominguez et al. v. Yahoo, Inc., is not precedential, it offers valuable insight on how courts might interpret the term “ATDS” for businesses that use dialers to reach their customers.

Meet Our Dealmakers: Stephen Edwards

January 13, 2016
Meet Stephen Edwards.

Meet Our Dealmakers: Scott Snively

January 13, 2016
Meet Scott Snively.

Meet Our Dealmakers: Nick Merker

January 13, 2016
Meet Nick Merker.

Meet Our Dealmakers: Kristine Camron

January 13, 2016
Meet Kristine Camron.

Meet Our Dealmakers: John Thornburgh

January 13, 2016
Meet John Thornburgh.

Hot Topics in Trademark Law 2015 Series: There Is No Shortcut For Genericness – It’s The Forest, Not The Trees, That Matters

January 12, 2016 by , Partner
It is well-known that a mark is generic when relevant consumers primarily use or understand the term to refer to the genus of goods or services in question. Thus, for example, “polo shirt” has become the generic term for “a shirt with a collar and a few buttons at the neck that you put on by pulling over your head.” (See merriam-webster.com/dictionary/polo%20shirt.) The Federal Circuit recently clarified that in considering whether a phrase such as “polo shirt” is generic, the whole phrase as perceived by consumers – not the individual words in isolation – must be considered. See Princeton Vanguard, LLC v. Frit-Lay North Am., Inc., 786 F.3d 960 (Fed. Cir. 2015).

Sid Bose Named IAPP Co-chair

January 8, 2016
Sid Bose has been named the newest co-chair of the International Association of Privacy Professionals’ (IAPP) Indianapolis Chapter.

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