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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." 

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Firm Highlights

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Farella Braun + Martel’s Jerome Braun Honored With Bill Edlund Award for Professionalism in the Law

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News

Threat of Cyberattack by Iran Still Critical, Experts Say

Insurance Recovery Partner Tyler Gerking commented in  The Wall Street Journal article "Threat of Cyberattack by Iran Still Critical, Experts Say." In the article, Tyler said that such direct actions by a nation-state against...

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New Laws for California Employers in 2020

The California Legislature and Governor Newsom have passed a sizable list of new laws governing the workplace in 2020. Employers are, once again, advised to evaluate their workplace rules and practices to insure they keep...

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End of a Decade - Checklist for California Nonprofits

As 2019 comes to a close, we thought about our customary note to nonprofit officers and directors to take a few moments to confirm that important year-end responsibilities have not been overlooked. But since this...

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News

Plans for SF’s 4th-tallest building win key OK as developer resolves opposition

C.J. Higley was mentioned in the article, "Plans for SF’s 4th-tallest building win key OK as developer resolves opposition."  According to the article, the Transbay district Parcel F tower would include 165 condos, 189...

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Publication

Trade Secret Hygiene for Current Employees

Published on  ACCDocket.com . By Walt Norfleet, Smiths Group plc and Eugene Y. Mar, Farella Braun + Martel LLP In the first two parts of this series on best practices in protecting trade secrets, we...

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Publication

AB 37: State Tax Deductions for Cannabis Businesses

cannabis leaf
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Event

2020 Insurance Coverage Litigation Committee CLE Seminar

Raymond Sheen will speak at the 2020 Insurance Coverage Litigation Committee CLE Seminar session, "Fingerprints, Facial Recognition, Permission? Oh My! Biometric Privacy Coverage Litigation Arriving Soon in Your State." Details: The Illinois Biometric Privacy Act...

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Event

2020 Insurance Coverage Litigation Committee CLE Seminar

Join Erica Villanueva for a discussion on "Coverage Arguments that Work in Court but May Backfire at Mediation" at the 2020 Insurance Coverage Litigation Committee CLE Seminar. Details: In mediation, context is everything. Who are you...

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Event

ABA 34th National Institute on White Collar Crime

Jessica Nall will be speaking at the 34th National Institute on White Collar Crime session, "Updates in Cybercrime: Are We Fighting an Impossible Battle?" Details: Information security has now become an essential part of corporate...

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