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Not So Fast: Federal Circuit Reverses CFC Decision Limiting Indemnification Rights

Client Alert | less than 1 min read | 01.17.13

In Indian Harbor Insurance Co. (Jan. 11, 2013), the Federal Circuit reversed the CFC and held that letters from a state regulatory agency demanding clean-up of environmental contamination at a former military site resulting in a voluntary clean-up agreement do constitute a "claim for personal injury or property damage" under section 330 of the 1993 NDAA, which requires DoD to indemnify subsequent owners of military sites against certain such "claims." This decision is an important development for parties seeking federal indemnification in connection with state regulatory actions.


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Client Alert | 3 min read | 12.13.24

New FTC Telemarketing Sales Rule Amendments

The Federal Trade Commission (“FTC”)  recently announced that it approved final amendments to its Telemarketing Sales Rule (“TSR”), broadening the rule’s coverage to inbound calls for technical support (“Tech Support”) services. For example, if a Tech Support company presents a pop-up alert (such as one that claims consumers’ computers or other devices are infected with malware or other problems) or uses a direct mail solicitation to induce consumers to call about Tech Support services, that conduct would violate the amended TSR. ...