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Success fosters insight; insight informs success. Our representative matters look beyond the immediate solution to the next challenge facing your business and industry.

Of course, past outcomes afford no guarantee of future results. Every case is different and must be judged on its own merits.

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Success | Technology and Telecommunications

Shook Wins Appellate Victory in TCPA Suit Against "Professional Class Plaintiff"

Shook attorneys obtained a significant victory in a Telephone Consumer Protection Act (TCPA) class action when the Appellate Court of Illinois, First District, affirmed summary judgment in favor of a client sued for damages related to the sending of allegedly unsolicited faxes. Not only did the ruling apply on a class-wide basis against a previously certified class of nearly 2,000 individuals and entities, but the win was against CE Design, described by the Appellate Court as a “professional class plaintiff” known for filing dozens of TCPA complaints nationwide. Shook Partner Matt Sitzer, with Associate Patrick Castle and Paralegal Elise Paulino, represented defendant Ernida in the appeal.
Success | Technology and Telecommunications

Federal Court Follows Seventh Circuit on Sender Liability, Dismisses TCPA Suit Against Pfizer

Siding with the Seventh Circuit, a federal court in Michigan has granted Shook’s motion to dismiss a Telephone Consumer Protection Act (TCPA) complaint against Pfizer involving faxes sent by another party, finding that even though a Pfizer drug was advertised in the fax, a literal interpretation of the regulation could lead to “absurd and unintended results,” or even “sabotage litigation.” Shook, Hardy & Bacon Partner Becky Schwartz represented Pfizer in the matter.

Success

Kansas Appeals Court Grants Zoning Win to Shook Client

Shook, Hardy & Bacon attorneys obtained a reversal on appeal in a case involving zoning regulations and permitting.

Insight | Pharmaceutical and Medical Device

Keenan Recommends Best Practices for Medical Device Manufacturers' Sales Reps in the Operating Room

Shook Partner Matt Keenan has authored an article for the Food and Drug Law Institute exploring how medical device manufacturers can protect themselves from liability when sending sales representatives into the operating room to assist surgeons with device implantation.

Success

PTAB Rejects IPR Challenge to Website Security Patent Claims

Shook attorneys Jesse Camacho, Amy Foust, Elena McFarland and Mary Jane Peal won an inter partes review when the U.S. Patent Trial and Appeal Board rejected challenges to claims in a Shook client's asserted patent for a process that can block fraudulent users from access to websites.