October, 2017

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Update: New Advertising Disclaimers on E-Cig and Cigar Advertising Still on for 2018

Broadcast Law Blog

Last year, the FDA adopted requirements to tag advertisements for vaping and e-cig advertising with a warning that e-cigs contain nicotine and that nicotine is an addictive chemical. These requirements were to go into effect in 2018. In the last week, I have received several questions about these rules and their effective date. According to this FDA document (see the table on Page 5), released in August, the new disclosure obligations are still set to become effective on August 10, 2018.

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You’re losing money, buy back your time – Hire a virtual assistant

Lawfecta

You’re Losing Money. Why hire a virtual assistant? Think about how many tasks you did today that lost you money. Did you do your own accounting? Your own retainers? Your own legal research? Any other mundane task that you could have delegated? Then you lost money. Hiring a virtual assistant can eliminate the money burn, and actually put money back into your pocket.

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The Relationship Between Alcoholism And Divorce

MyLegalAssistants

By Susan Saper Galamba. Statistics show that alcohol is the number one drug problem in the United States. It also tends to be a big problem in divorces. There has been a significant increase in cases in the last two or three years in which I have seen one spouse claim that the other spouse abused alcohol. Generally, the spouse I meet with claims that his or her spouse is an alcoholic.

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Research Resource: How to Find Primary Authorities

How To Become A Paralegal

When you’re a new paralegal or even as a paralegal student, it can be hard to find primary authorities during the research phase of a case. Yet, that’s not always easy to do in some areas of law; and even if you find some things that you think might be primary authority, how do you know for sure? Computer-assisted legal research platforms, such as LexisNexis or WestLaw, aren’t cheap.

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Transforming eDiscovery: Document Summarization, Sentiment Analysis, And Chatbots Take Center Stage

A Synergistic Approach to eDiscovery In the space of eDiscovery, the convergence of document summarization, sentiment analysis, and chatbots represents a significant change in how legal professionals navigate and manage electronic information. These technologies not only expedite the review process but also empower legal teams with deeper insights into the emotional context and key information within electronic documents.

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Do Firms Want Secretaries Who Get the Job Done or Secretaries Who Look Good Doing It? Aging in the Workplace

LegalSecretariesRock

It happens to the best of us. And while I'm not sure when I first became aware of it, I'm fairly certain that once you reach the ripe old age of 40 it starts to peek at you in one form or another. Many of us "seasoned secretaries" (like myself) may have been too busy working hard to actually take note of the first time they realized that some of their attorneys don't just want the job done, they want someone who looks "perfect" doing it.

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November FCC Meeting to be an Important One for Broadcasters – FCC Releases Draft Orders on ATSC 3.0 and Ownership Rule Revisions

Broadcast Law Blog

Yesterday, we previewed the FCC’s likely decision to significantly change its ownership rules for television owners – proposing to take actions including allowing TV duopolies in markets with fewer than 8 independent TV voices after the combination, allowing some combination of the Top 4 TV stations in certain markets, repealing the radio-TV cross-ownership rules, and repealing the newspaper-broadcast cross-ownership prohibitions.

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What Do Startups Need to Know About Data Privacy Law?

Strictly Business

It’s hard to imagine a startup that does not collect some form of sensitive information in digital form, and the collection, use, and disclosure of such information is regulated under federal, state, and even international laws. The purpose of this post is to outline the legal framework that creates your obligations to safeguard customer data and the consequences of failing to comply with these laws.

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5 ways a Virtual Assistant can ramp up your law firm marketing

Lawfecta

Attorneys and law firms need to focus on the world of online marketing, otherwise they are missing out on a large pool of potential clients. A Virtual Assistant well versed in the legal profession can help improve marketing efforts. As technology progresses, the business development activities for your online presence becomes increasingly more important to acquire new clients.

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Florida Supreme Court Rejects Public Performance Right in Pre-1972 Sound Recordings – What’s Next?

Broadcast Law Blog

In a decision this week, the Florida Supreme Court rejected claims by Flo & Eddie (of the 1960s band the Turtles) that there was a common law public performance right in pre-1972 sound recordings in the state of Florida (the opinion is available here ). The Florida court, after examining numerous avenues of argument, concluded that the establishment of such a right was a legislative task.

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Recipe for a Failed CLM Implementation

Selecting and implementing CLM technology can be daunting, leading to underutilization or abandonment. Factors like provider differentiation, inadequate planning, and lack of user training contribute to these failures. Recognizing these pitfalls is crucial for successful adoption, ensuring organizations harness the full potential of CLM for streamlined contract management.

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Stay Tuned: Big Broadcast Ownership Rule Changes to be Unveiled Later Today

Broadcast Law Blog

According to the testimony given yesterday by FCC Chairman Pai at an oversight hearing before the House of Representatives Communications and Technology Subcommittee, the FCC is likely to release today a draft of its order on reconsideration of last year’s FCC decision on its Quadrennial Review of its broadcast ownership rules (the rules restricting the number of media outlets that one company can own in any geographic market).

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FCC Approves Repeal of Main Studio Rules and Starts Proceeding to Examine Broadcast Public Notices and Filing of TV Ancillary and Supplementary Revenue Reports

Broadcast Law Blog

At the FCC meeting yesterday, the FCC repealed, on a 3 to 2 vote, the main studio and studio staffing requirements for TV and radio broadcasters. The final order, here , was substantially unchanged from the draft we described when it was released last month. Broadcasters need no longer have a main studio or even locate employees in their service areas, but must continue to serve the needs of their community, reflect that service in quarterly issues programs lists, and maintain a toll-free number

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FCC Announces That It Will Lift Filing Freeze on TV Station Modification Applications before LPTV/TV Translator Displacement Window

Broadcast Law Blog

For well over four years, television stations have not been able to file applications to upgrade their technical facilities as the FCC froze such applications as it wanted to preserve a stable database of TV facilities while it conducted the Incentive Auction and implemented the repacking of the TV band. For TV stations affected by the repacking, the FCC has opened two windows allowing repacked stations to change and maximize their technical facilities on their new channels, the second of which

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FCC Political Broadcasting Rules for Write-In Candidates

Broadcast Law Blog

In these last few weeks before the many municipal elections that will be occurring in November in states across the country, I have recently received several questions about a broadcaster’s legal obligations toward write-in candidates who want to run advertising on a radio or television station. Under FCC precedent, all legally qualified candidates (including those running for state and local offices, see our article here ) must be provided lowest unit rates , equal opportunities to purchase adv

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Contract Lifecycle Management: A Business Enabler Exploring On-Ground Challenges

CLM tools have always strived to push contract management into the digital age for almost 30 years. But the complexities of digitising a legal document are numerous. The current scenarios in business development have shown that having a fully automated CLM has become a mandate for every law firm and in-house legal department. To determine if you need a CLM system, it's essential to clearly identify the on-ground business challenges you aim to solve.

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Court Rejects Appeal of FCC Decision Not to Mandate Multilingual EAS Alerts – Highlighting Requirement that Broadcasters Report To Their SECC in Early November About Emergency Information to Non-English Speakers

Broadcast Law Blog

The United States Court of Appeals yesterday issued an order denied the appeal of an FCC order that rejected a requirement that multilingual EAS alerts be provided in every market. We wrote about the FCC’s proceeding here and here. The Court upheld the FCC’s decision as reasonable, finding that the Commission did not have enough evidence to determine how such alerts should be implemented on a nationwide basis, and noting that the FCC was still reviewing whether to adopt requirements that broadc

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Update: Comment Dates Set on FCC Proposal to Abolish Requirement for Paper Copies of FCC Rules

Broadcast Law Blog

The comment dates have now been set on the FCC’s proposal to abolish the requirement that licensees of certain classes of broadcast stations (including translators and auxiliary stations) maintain a paper copy of the FCC rules. We wrote about that proposal, one of the first actions of Chairman Pai under the Modernization of Media Regulation initiative, here and here.

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Two More Paperwork Burdens Proposed for Relaxation Under FCC’s Modernization of Media Regulation Initiative – TV Ancillary and Supplementary Revenue Reports and Public Notice Requirements

Broadcast Law Blog

In addition to the elimination of the main studio rule (about which we wrote here ), another media item is proposed for consideration at the FCC’s October 24 meeting. A draft Notice of Proposed Rulemaking (NPRM) was released earlier this week proposing two changes in FCC requirements – neither change, in and of itself, offering any fundamental modifications of significant regulation, but both showing that this Commission is looking to eliminate bothersome burdens on broadcasters where those burd

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FCC Reminder to Video Programming Distributors – Including Broadcasters – on Accessibility Obligations

Broadcast Law Blog

With the recent hurricanes and last night’s tragedy in Las Vegas, the FCC Public Notice issued last week reminding all video programmers of the importance of making emergency information accessible to all viewers seems very timely. The public notice serves as a good refresher on all of the obligations of video programmers designed to make emergency information available to members of the viewing audience who may have auditory or visual impairments that may make this information harder to receive

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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October Regulatory Dates for Broadcasters – Quarterly Issues Programs and Children’s Television Reports, EEO Obligations, Repacking Reports and More

Broadcast Law Blog

The beginning of a calendar quarter always brings numerous regulatory obligations, and October is one of those months with a particularly full set of obligations. All full-power broadcasters, commercial and noncommercial, must complete their Quarterly Issues Programs Lists and place these reports into their public inspection files by October 10. These reports are the FCC’s only official record of how a station served its community.

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Are You Streaming Your Radio Station? Reminder that Broadcasters Need to Pay Royalties to SoundExchange as well as ASCAP, BMI and SESAC

Broadcast Law Blog

The alphabet soup of organizations that collect royalties for playing music has never been easy to keep straight, and today royalty issues sometimes seem even more daunting with new players like GMR (see our articles here , here and here ) and arguments over issues like fractional licensing that only a music lawyer could love (see our articles here and here ).

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FCC Releases Draft Order to Abolish Main Studio Rule – To Be Considered at its October 24 Meeting

Broadcast Law Blog

The FCC yesterday released the agenda for its October 24 th Open Meeting , as well as draft orders of the matters to be considered at that meeting. For broadcasters, the single most significant proposal was a draft order ( available here ) to abolish the requirement that a broadcast station maintain a main studio in close proximity to its city of license that is open to the public and staffed during normal business hours.

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Clio Cloud Conference 2017: The Moonshot

LegalTalkNetwork

Apollo 11 Launch – July 16, 1969. “We choose to go to the Moon in this decade and do the other things, not because they are easy, but because they are hard.” – President John Fitzgerald Kennedy. President Kennedy uttered those words during his famous “ We Choose to Go to the Moon ” speech from Rice University in Houston, Texas on September 12, 1962.

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Dangers of Digital "Reporting": Legal Risks and Unreliable Transcripts

In the world of legal proceedings, the choice between a certified stenographer and digital "reporting" holds significant implications. Certified stenographers go through rigorous training and testing and stand as the gold standard for accuracy in capturing every word. Their expertise ensures a reliable record, a crucial foundation for legal cases.