Advisories

Privacy and Security Law 101 and How the vCon Protocol Can Help with Compliance

Consumer Analytics Market and Today’s Privacy Landscape Consumer data is extremely valuable in today’s market. According to a study by Grand View Research, the global customer analytics market size reached an impressive estimate of nearly 15 billion dollars in 2023. This sector is poised for significant growth, with experts projecting an annual expansion rate of […]

TELE-TECH TALK: VoIP and Title II – “(Almost) All of the Burdens, None of the Benefits”

  The regulatory environment surrounding Voice over Internet Protocol (VoIP) services in the United States has reached a breaking point. VoIP providers are increasingly burdened by regulations that closely resemble those applied to traditional telecommunications companies, yet without the legal protections afforded to common carriers under Title II of the Communications Act. As predicted in […]

TELE-TECH TALK: Possible Long-Term Implications of the Supreme Court’s Decision to Overturn Chevron Deference

Over the past several years, the Supreme Court’s balance has unquestionably shifted quite heavily in the direction of justices possessing a more conservative, small government-minded judicial philosophy. This transformation is the consequence of multiple elections, strategic maneuvering by a savvy (some might say, unscrupulous) Senate leader, and the inherent risks of lifetime appointments when the […]

Using AI in Customer Service and Telemarketing: Top-7 Legal Tips

In recent years, conversational AI has played a significant role in enhancing customer experience. Businesses in various sectors are leveraging AI solutions to boost efficiency and elevate customer satisfaction levels. According to McKinsey, “personalization at scale can drive between 5 and 15% revenue growth for companies in the retail, travel, entertainment, telecom, and financial-services sectors.” Bloomberg […]

TELE-TECH TALK: Impact of the California PUC Rulemaking and Other “Thorny” Issues Impacting Future Regulation of VOIP Services in the U.S.

Introduction In the rapidly evolving landscape of telecommunications, the recent actions by the California Public Utilities Commission (CPUC) serve as a critical focal point for understanding the shifting regulatory framework impacting interconnected Voice-Over-Internet Protocol (VOIP) service providers. With its mandatory data request targeting entities within the VOIP sector, the CPUC signals its goals of clarifying […]

Borrowed Time: Telecom Foreign Ownership Regulation and the TikTok Ban

Last Saturday, April 20th, the House passed the Protecting Americans from Foreign Adversary Controlled Applications Act, colloquially referred to as the TikTok Ban, as part of a broader bill addressing foreign aid and sanctions to adversarial nations. Poised to be voted on before the Senate, the debate has mobilized everyone since its original introduction as […]

Court Applies Finds an Insurance Company Vicariously Liable for the Actions and Failures of the Company’s Independent Insurance Agents’ Third-Party Telemarketing Subcontractors

We wish to highlight a significant legal development from the recent case of Hossfeld v. Allstate Ins. Co., 2024 WL 1328651 (N.D. Ill., March 28, 2024), which may have profound implications for businesses using telemarketing services through third-party agents. Case Overview In this case, the court addressed, by deciding cross motions for summary judgment, whether […]

Section 1202 Stock or How to Prepare for a Capital Gains Tax-Free Exit At the Outset

What is Section 1202 Stock? Section 1202 is a provision of the Internal Revenue Code (“IRC”) that allows the exclusion of capital gains realized from the sale of small business stock from taxable income. This tax incentive serves to encourage investment in small businesses. As a general rule, the taxable capital gain is calculated as […]

AI Will Not Replace Your Lawyer but May Reduce Your Legal Costs: Here’s How

This article may be biased – but so is ChatGPT.  With the public launch of ChatGPT and other large language models (“LLMs”), many in the legal industry started wondering how the new technology will change their lives and whether their jobs will be eliminated. Like many things surrounded by hype, AI spurs a wide range of […]

Mitigate Copyright Infringement Liability Exposure for Generative AI Output

In the past year, generative artificial intelligence (“generative AI”), capable of producing material one could describe as “creative” and “expressive”, such as text, images, audio, and video, has revolutionized the way businesses operate and caused a stir in the creative industries. Trained on countless literary works, pieces of software, artworks, audio, video, photographs, and other […]

AI and Copyright Crash Course: Analysis of How Fair Use Criteria May Apply to Generative AI

In the past year, we witnessed a true generative AI revolution. New, user-friendly technology swept the world by storm, leaving no turning back. Ground-breaking and revolutionary, it challenged not only the way business operations are run, but also the legal landscape, posing (seemingly) novel questions on copyright, data privacy, bias, and liability attribution.   In this […]

13 Reasons to Hire a Niche Telecom Law Firm for IoT “Internet of Things”

There are many ways a boutique law firm with specialized knowledge and training in applicable laws, regulations, policies and technologies can help businesses operating in the diverse “Internet of Things” marketplace. Following are thirteen (13) areas where an “IoT focused” law firm, like Marashlian & Donahue, PLLC, can provide meaningful value: 1. Privacy & Data […]

How to Avoid Having a Simple E-mail from USAC Spiral into an Audit Nightmare

Through the years, our law firm and its affiliated consulting arm, The Commpliance Group, have represented hundreds of telecommunications and VoIP service providers with an assortment of legal and regulatory compliance matters on a nationwide basis. More than any other area of communications regulation, the complexities of the Federal Communications Commission’s (“FCC” or “Commission”) Universal […]

Outsourcing Compliance: The bitterness of poor quality…(and how to avoid it)!

Our affiliated consulting firm, The Commpliance Group, caters to astute businesses who understand the difference between slapping the labels “Simple” and “Low Cost” onto complex and potentially very costly matters and the reality of ensuring compliance in a highly complex and evolving regulatory environment. By and large, the outsourced regulatory, tax and corporate compliance cottage […]

Reminder of Upcoming 911 Compliance Deadline

As we approach the end of 2020, certain manufacturers, vendors and service providers should be gearing up to comply with the requirements of RAY BAUM’s Act, starting on January 6, 2021.  Under the FCC’s rules, new installations of fixed multiline telephone services (“MLTS”), telephone services and VoIP must be capable of transmitting “dispatchable location” information […]