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Google Unveils Smartphone Pay Service, PayPal Sues

NEW YORK - (AP) Google Inc. hopes to nudge consumers and merchants into a world where the smartphone has replaced the wallet as the container for credit cards, coupons and receipts. While it tackles that challenge, Google also will have to spar with the biggest online payment service, eBay Inc.'s...

‘Siri®, How Much Discoverable ESI is on My Smartphone?’

'Siri®, How Much Discoverable ESI is on My Smartphone?' As anyone who has collided with someone staring at their smartphone and not where they are walking knows (known in Yoga circles as the "downward-facing pedestrian"), mobile device usage has exploded in just a few years...

Activist’s Smartphone App Gives Advice on Deportation Laws

A Utah-based immigration activist launched a Spanish-language smartphone application Friday designed to assist those facing detention and deportation proceedings for being in the country illegally. Deyvid Morales, a 21-year-old undocumented immigrant, began working on the application in October and was...

cell phone smartphone GPS map Magnifying Glass

Smartphone Theft Prevention Act Clears First Committee Vote

Legislation that requires all smartphones and tablets sold in California to come pre-equipped with theft-deterring technology that will render stolen devices useless has passed its first committee vote in the California Senate. Senate Bill 962, [ enhanced version available to lexis.com subscribers ]...

FCC Eases Some Standards for TCPA Consent Compliance Regarding Texting

The Federal Communications Commission (FCC) has adopted two declaratory rulings that ease some standards for complying with the Telephone Consumer Protection Act's (TCPA) consent requirements regarding informational text messages. As a result of the first ruling, companies may now rely on representations...

New Decision Provides Hope for Common-Sense Application of TCPA, but the High-Stakes Debate Over the Scope of the TCPA Will Continue

By David N. Anthony , Chad R. Fuller , John C. Lynch , Alan D. Wingfield , and Virginia Bell Flynn On Thursday, March 21, 2014, the Eastern District of Pennsylvania in Dominguez v. Yahoo!, Inc. , [ enhanced version available to lexis.com subscribers ], held that Yahoo did not violate the Telephone...

Texting While Driving

By attorney George Nicholas There are a of couple things businesses should know about Virginia’s recently beefed-up ban on texting while driving. First, businesses should understand the scope of the ban. The statute applies to sending and reading texts or e-mail messages. But the ban does not...

Smartphone Theft Legislation Passes California Senate

SB 962 Requires All New Smartphones Sold in California to Come Pre-Equipped With Theft-Deterring Technology The California Senate has passed legislation that requires all smartphones sold in California to come pre-equipped with theft-deterring technological solutions to render the device useless if...

New York and California Officials Convince Google and Microsoft To Join Apple and Include Smartphone Kill Switch In Next Operating Systems To Reduce Thefts

Inaugural Report Reveals New Data Showing That Thefts Fell Drastically Following Apple’s Introduction of a Kill Switch. In just one year, the Secure Our Smartphones Initiative has made tremendous strides towards curtailing the alarming trend of violent smartphone theft. New York Attorney...

Secure Our Smartphones Initiative: One Year Later Report

One year ago, in June 2013, New York State Attorney General Eric Schneiderman and San Francisco District Attorney George Gascón launched the Secure Our Smartphones ("SOS") Initiative in response to the epidemic of smartphone theft and related violence. In 2013, thieves stole an estimated...

Supreme Court Prohibits Warrantless Cell Phone Searches Incident to Arrest: While the Fourth Amendment Remains Invariant, Technology Alters the Facts and Legal Conclusions

By David Bender The reduced expectations of privacy caused by an arrest do not mean the Fourth Amendment, [ enhanced version available to lexis.com subscribers ], no longer applies. The United States argued that a search of all data stored on a cell phone is materially indistinguishable from searches...

Think Before You Write

By Ashley G. Moss , Attorney, Vandeventer Black LLP In the not-so-distant past, all written communications were typed on letterhead, reviewed several times for accuracy, and signed with ink. As technology has evolved, letters have been largely replaced by emails, texts, and the like, reserving their...

Jay Shapiro on Riley v. California and United States v. Wurie: Supreme Court Determines Legality of Cell Phone Searches Incident to Arrest

In Riley v. California and United States v. Wurie, ( David Leon Riley v. State of California , No. 13-132, United States v. Brima Wurie , No. 13-212, U.S. Sup.; 2014 U.S. LEXIS 4497) [lexis.com subscribers may access Supreme Court briefs and the opinion for this case], the US Supreme Court has issued...

Telephone Consumer Protection Act Express Consent Narrowed Again

Albert Nigro just wanted to turn off his deceased mother-in-law’s electricity. He called the electric company, but it required that he provide his mobile telephone number to disconnect service. It turned out though that the mother-in-law had an outstanding bill of $68. Nigro did not know about...