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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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LSI's PFAS Contamination and Regulation in California Virtual Conference

Sarah Bell will be speaking at LSI's virtual conference on PFAS Contamination and Regulation in California live webinar, "PFAS and Hazardous Materials Cleanup Laws." Details: CWA violations, CERCLA designations, and NRD claims as potential game...

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Battery Energy Storage Systems Integrated in Solar Facilities To Receive Tax Incentives

Intermittency is one of the largest issues impeding increased reliance on energy from utility-scale renewable energy generation sources such as wind and solar. Battery energy storage systems (“BESSs”) can alleviate concerns related to intermittency...

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News

Farella Provides Amicus Support in Case Challenging Denial of CARES Act Funds to Incarcerated Individuals and Their Families

SAN FRANCISCO, August 31, 2020: Farella Braun + Martel, along with co-counsel the American Civil Liberties Union Foundation of Northern California, filed an amici curiae brief in support of the plaintiffs’ motion for a...

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14th Annual ABA Section of Labor and Employment Law Conference

Holly Sutton is a panelist on the 14th Annual ABA Section of Labor and Employment Law Conference live webinar, "Political Speech at Work: What is Fair and What is Foul." Details: Some believe that...

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Publication

Estate Planning During Uncertain Times

Farella's Wine Industry Education Series features Lauren Galbraith discussing "Estate Planning During Uncertain Times." Estate planning for vineyard and winery owners has come to the forefront during this unpredictable pandemic and in light of...

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News

TikTok Sues Over Trump Order, Calls President’s Decision Political

Janice Reicher, co-chair of Farella's White Collar Defense and Internal Corporate Investigations Group, commented in the Daily Journal article, "TikTok Sues Over Trump Order, Calls President’s Decision Political."

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Real Perspectives Podcast With Julie Treppa on Opportunity Zones

Click here for the audio recording of the "Real Perspective Podcast" by The Registry featuring Julie Treppa. She discusses Opportunity Zones, how they evolved, and what the new normal means for this very important...

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News

EPA’s New Guidance Mandate Leaves Superfund Cleanup Less Certain

Sarah Bell commented in the Bloomberg Law article "EPA’s New Guidance Mandate Leaves Superfund Cleanup Less Certain."    Read the full article here .

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Opportunity Zone Virtual Forum

Financing Ground Up Development During a Pandemic Farella's Julie Treppa is a speaker for  The Registry's Opportunity Zone Virtual Forum. The event will take a closer look at Opportunity Zones and the impact on...

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Publication

California Expands Family and Medical Leave Law to Cover Small Employers

California Governor Gavin Newsom recently signed SB 1383, which expands employees’ leave entitlements under California’s Family Rights Act and New Parent Leave Act. Effective January 1, 2021, these leave provisions will apply to employers with...

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