Posts from May 2016.
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A Meaningful Class Action Defense Tool?

On May 16, 2016 the High Court finally spoke on Spokeo, the long anticipated case involving what injury is necessary to sustain Article III standing in federal court.  Some predicted a blow to consumer protection and privacy related class actions in which neither the class representative nor the class as a whole suffered anything but a technical federal statutory violation without real harm.

In the underlying case, Thomas Robins claimed that Spokeo published false information about him on its search engine site, in violation of his rights under ...

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Tags: TCPA

Class Certification of TCPA Claims in Sandusky Wellness Center, LLC v. MedTox Scientific, Inc.

Alexander Bain, a Scotsman, worked on an experimental fax machine in the 1840’s, synchronizing the movement of two pendulums through a clock to scan messages on a line by line basis. Bain’s work resulted in a patent issued May 27, 1843 for “improvements in producing and regulating electric currents and improvements in timepieces, and in electric printing, and signal telegraphs.”  The rudimentary fax machine preceded Alexander Graham Bell’s invention of the telephone.  Who ...

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Unleashing a Trade Secret Misappropriation Federal Private Right of Action

President Obama is poised to sign a bill passed unanimously by the Senate and House Judiciary Committee.  What issue of the day could possibly secure such bipartisan support in a tumultuous presidential election year?  One that even Donald Trump and Bernie Sanders could agree upon.

The emergence of relatively anonymous cyber threats and persistent state-sponsored economic espionage, together with breaches of confidence and traditional bribery, corrupt employee, and misrepresentation schemes, simply ...

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Kerri Forsythe
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