Insights
Publications

California Court Of Appeal Decides That Blast Faxing Does Not Violate The Recipient’s Right Of Privacy For Purposes Of Insurance Coverage

3/1/2010 Articles

In the age of email, text messaging, and Twitter, litigation focused on the sending of unwanted fax messages sounds old-fashioned.  Indeed, it was nearly twenty years ago that Congress passed the Telephone Consumer Protection Act (47 U.S.C. § 227) ("TCPA"), which provides for damages of $500 per violation for sending fax spam to thousands of recipients at once.  Citing freedom from nuisance, peace and quiet, and conservation of ink and paper, among other reasons, courts across the country have found liability for violations of the TCPA.  Many courts, including the Supreme Courts of  Florida, Illinois, and Massachusetts, and courts of appeal in Ohio and Texas, have also found that violations of the TCPA are covered by the "personal and advertising injury" coverage in the standard commercial general liability policy, which typically includes the "oral or written publication of material that violates a person's right of privacy." 

Read the Article

Firm Highlights

Event

Women in Cleantech & Sustainability

Lysondra Ludwig will speak at the WCS Talks - a full day TED-Style event and startup pitch competition hosted by Google.

Read More
Event

CalCPA: Wine Industry Conference

Lauren Gilbreth will present the session "Succession Planning" at the CalCPA - Wine Industry Conference. The ever dynamic wine industry is fraught with complicated tax, labor and accounting issues. Please join us as we...

Read More
Publication

California Supreme Court Ruling Clarifies That the Notice-Prejudice Rule Is a Fundamental Public Policy That May Override Choice of Law Provisions

In  Pitzer College v. Indian Harbor Insurance Company , the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule [1]  is a fundamental public policy...

Read More
News

A Major Victory for hiQ Labs, Ninth Circuit Upholds Its Right to Access Publicly Available LinkedIn Data

In a blockbuster ruling, the Ninth Circuit Court of Appeals affirmed startup hiQ Labs, Inc.’s preliminary injunction (PI) against LinkedIn granted by Judge Edward Chen of the United States District Court for the Northern...

Read More
Publication

San Francisco COPA Program Rules Released

The Mayor’s Office of Housing and Community Development (MOHCD) released program rules for the Community to Purchase Act (COPA) on September 3, 2019. The recently enacted COPA program (codified in Chapter 41B of the...

Read More
Publication

3 Lessons For Calif. Insureds From Late-Notice Rule Decision

In Pitzer College v. Indian Harbor Insurance Company,[1] the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule[2] is a fundamental public policy of California...

Read More
Publication

Changing Climate, Changing Laws: Addressing CEQA’s New Wildfire Risk Requirements in Project Development

Wildfires pose an increasingly serious threat to the public and environment in California. So it should be no surprise that the Governor’s Office of Planning and Research (OPR) amended Appendix G of California Environmental...

Read More
News

Ninth Circuit Upholds Data Miner's Injunction Against LinkedIn

The U.S. Court of Appeals for the Ninth Circuit sided with data analytics company hiQ Labs, Inc. and upheld an injunction barring LinkedIn from blocking it from accessing information made publicly available by the professional networking site’s users...

Read More
News

Farella Braun + Martel Advises on Sale of 2,300-Acre Foote Ranch

Farella Braun + Martel represented a trust that owned 50% of the iconic 2,300-acre Foote Ranch in Sonoma, California in disputes with the ranch’s co-owners and in the subsequent $23.7 million sale of the...

Read More
Event

Complex Civil Litigation Symposium

Doug Dexter is a member of the planning committee for the 2019 Complex Civil Litigation Symposium.

Read More