Blog Posts in 2014
Posted on Jul 18, 2014 By Duane Berlin
On July 3, 2014, the Securities and Exchange Commission (SEC) issued six new Compliance and Disclosure Interpretations (CDIs) regarding the determination and verification of accredited investor status ...
Continue reading "SEC's New Guidance on Accredited Investor Verification for General Solicitations" »
Posted on Jul 8, 2014 By Duane Berlin
In connection with the duties imposed on it by the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC is set to come out with further revisions to the definition of "accredited ...
Continue reading "SEC to Revise "Accredited Investor" Definition" »
Posted on Jun 23, 2014 By Duane Berlin
Connecticut's recently enacted telemarketing legislation allows for higher penalties for unsolicited text or phone messages than the Telephone Consumer Protection Act, creating significant new ...
Continue reading "New Connecticut Telemarketing Law Increases Risks to Advertisers and Other Callers" »
Posted on Jun 18, 2014 By Duane Berlin
One of the more troubling issues to arise in Telephone Consumer Protection Act litigation involves calls to reassigned cellphone numbers. Almost 37 million phone numbers get recycled each year, a 16 ...
Continue reading "11th Circuit Rules that Calls to Reassigned Numbers can create TCPA Liability" »
Posted on Jun 13, 2014 By Duane Berlin
The Federal Trade Commission's recent focus on companies such as American Apparel Inc. that allegedly failed to comply with a U.S.-EU data transfer framework is only likely to grow more intense in ...
Continue reading "Increased FTC Enforcement Makes Compliance with US-EU Data Transfer Regulations More Important" »
Posted on Jun 5, 2014 By Duane Berlin
ComScore Inc. has struck a $14 million settlement with what is believed to be the largest class ever certified under federal electronic privacy laws, composed of Web users who allegedly had the online ...
Continue reading "ComScore Pays $14M To Settle Privacy Class Action" »
Posted on Jun 5, 2014 By Jack Sousa
In the year since the Massachusetts Supreme Judicial Court ruled that retailers cannot collect ZIP codes from consumers using credit cards, the number of class actions alleging that retailers have ...
Continue reading "Massachusetts Zip Code Collection Class Actions on the Rise" »
Posted on May 29, 2014 By Duane Berlin
A recent report jointly created by Law360 and BTI Consulting Group Inc. analyzes how the biggest U.S. law firms are commanding billing rates that are astoundingly higher than their smaller ...
Continue reading "Recent Study Highlights Extreme Disparities in Billing Rates between Large and Small Corporate Law Firms" »
Posted on May 28, 2014 By Duane Berlin
On May 21, 2014 the California Attorney General Kamala Harris released much-anticipated guidance providing website and mobile app operators recommended best practices when disclosing how the operator ...
Continue reading "California releases guidance on DNT disclosures for privacy policies" »
Posted on May 19, 2014 By Duane Berlin
The Federal Communications Commission announced plans to fine Dialing Services, LLC, nearly $3 million for making illegal "robocalls" to cell phones. The FCC has specific rules for automatic ...
Continue reading "FCC Fines Company $2.9 Million for Political Robocalls to Cell Phones" »
Posted on May 8, 2014 By Duane L. Berlin
Norm Champ, Director, SEC Division of Investment Management, recently gave a speech where he reminded investment advisers to review compliance policies annually as required by SEC rules. He said ...
Continue reading "SEC reminds investment advisers to review compliance policies annually" »
Posted on May 5, 2014 By Duane L. Berlin
On May 1, 2014, the White House Big Data Working Group, led by senior presidential advisor John Podesta, released a 79-page report that outlines a number of key observations and recommendations for ...
Continue reading "Ten Key Take-Aways From the White House Big Data Report" »
Posted on May 2, 2014 By Duane L. Berlin
The White House on Thursday backed a host of policy initiatives to better safeguard privacy in the age of “big data,” including a law to forge a single national standard for reporting data ...
Continue reading "White House Urges Privacy Law Overhaul In 'Big Data' Review" »
Posted on May 1, 2014 By Duane L. Berlin
The Federal Trade Commission has scheduled the “Big Data: A Tool for Inclusion or Exclusion?” workshop that will explore the use of big data and its impact, including the impact on ...
Continue reading "FTC Big Data Workshop" »
Posted on Apr 28, 2014 By Lev & Berlin, P.C.
Lev Berlin & Sousa is pleased to announce the launch of its new business law blog! The blog's content will span the firm's various legal practice areas of expertise, including Corporate ...
Continue reading "Lev Berlin & Sousa Launches Business Law Blog" »
Posted on Feb 28, 2014 By Duane L. Berlin
CASRO creates director of government and public affairs role. Click here for more information
Continue reading "CASRO director government public affairs" »
Posted on Feb 12, 2014 By Duane L. Berlin
On January 31, 2014, the Securities and Exchange Commission’s Division of Trading and Markets granted no-action relief to “M&A Brokers” that engage in certain activities in ...
Continue reading "SEC No Action Relief for MA Brokers" »
Posted on Jan 22, 2014 By Duane L. Berlin
The Federal Trade Commission has cracked down on companies falsely claiming to comply with international Safe Harbor privacy framework. Is it really so hard to renew your annual certification? Click ...
Continue reading "FTC cracks down on Safe Harbor" »
Posted on Jan 9, 2014 By Duane L. Berlin
The Federal Trade Commission has approved Lev Berlin & Sousa client Imperium LLC's method for obtaining parental consent for COPPA compliance Click here for more information
Continue reading "FTC approves Imperium method for parental consent compliance" »