One of These Things Is Not Like the Other: SCOTUS Narrows the TCPA’s Application in Autodialer Cases, But Certain Marketing and Messaging Practices Are Still at Risk
By Emilio B. Nicolas & Eric Wong
Back in 1991, when mobile phones were a luxury item weighing about two pounds and dial-up internet was getting ready to hit the market, Congress passed the Telephone Consumer Protection Act (TCPA), with an eye towards reigning in robocalls and other abusive telemarketing practices of the time. Thirty years later, the TCPA still stands, prohibiting calls to consumers on the nationally curated ”do not call” list, and restricting the use of certain technologies, including autodialers or, technically speaking, “automatic telephone dialing systems” (ATDS). Paired with a per-call statutory damages scheme and a class action device, the TCPA has become a potent weapon in the plaintiff’s arsenal, with autodialers and those who use them being the favored targets—at least until recently when, on April 1, 2021, the Supreme Court decided what is and is not an autodialer under the statute.
Morality Clauses Take Center Stage: Tips to Help Protect Your Next Project From Being Associated With Talent Controversy
By Valery Piedra & Emilio B. Nicolas
In talent agreements, a morality clause allows film producers to terminate a contract if the talent has engaged in certain socially objectionable behavior or otherwise ends up in a scandal that might harm the project.
After a four-day in-person trial, Jackson Walker delivered a complete defense jury verdict for Roku, Inc. in what started as a five-patent infringement case. The Jackson Walker team was led by Wasif Qureshi and included Leisa Talbert Peschel, Blake Dietrich, Chris Cravey, and Harris Huguenard.
A Jackson Walker team represented French film company Technicolor S.A. in filing a Chapter 15 petition in the Southern District of Texas.
JW NEWS & HIGHLIGHTS
Jackson Walker is pleased to announce the selection of 36 attorneys to Thomson Reuters’ 2021 “Super Lawyers – Rising Stars” list. Spanning five offices and eight major practice areas, these up-and-coming attorneys have been nominated by peers within and outside the Firm.
Eric Wong has been selected to participate in the Pathfinder Program for 2021. The professional development series provides early-career diverse attorneys with foundational leadership skills, career development strategies, and tips on building professional networks and relationships.
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