News & Publications

Among other things, the federal TCPA imposes liability for calling/texting cell phone numbers using an Automatic Telephone Dialing System ("ATDS") without sufficient prior express consent. As defined by the TCPA, ATDS is "equipment which has the capacity—(A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers." The TCPA grants a private right of action and allows a plaintiff to recover statutory penalties [...]

Case law defining the application and scope of the Eliminating Kickbacks in Recovery Act ("EKRA)," 18 U.S.C. §220, has continued to grow since its passage in 2018. Over the past several months, the United States District Court for the Northern District of California, San Jose Division, issued rulings in relation to EKRA in the matter of United States v. Schena (Case No. 5:20-cr-00425-EJD-1). The Schena matter entails a laundry list of alleged wrongful actions by Arrayit Corporation, a California-based biomedical [...]

Legal Ether and Our Children's Children This week the U. S. Supreme Court turned down a case seeking to overturn the truly questionable 1970 decision in Williams v. Florida where it was held that the constitutional right to a jury trial does not require a jury of 12. Justices Kavanagh and Gorsuch would have taken the case for review with Justice Gorsuch issuing a compelling dissent succinctly dismantling the Williams holding: "Williams was wrong the day it was decided, it [...]