Well folks, here it is — the BIG [VIDEO] podcast episode you’ve been waiting for. The 18th Edition of Squire Patton Boggs’ incredibly popular Unprecedented podcast is AVAILABLE BELOW and boy does it deliver.
Sergei Lemberg–lead counsel for Plaintiff Duguid in the huge Facebook TCPA ATDS challenge to the U.S. Supreme Court--joins us to discuss the case, his strategy, and why he should win.
And the guy is candid. Let’s start with this:
“I’m going to win. You’re going to lose.”
Sergei Lemberg of his chances in Duguid appeal on Unprecedented podcast, record date October 23, 2020.
In the broad-ranging interview I take him through the strengths and weaknesses of his position, his predictions for the outcome and his brilliant idea (ploy?) to bring Bryan Garner– co-author with Justice Scalia of the critical and highly-influential “Reading Law” book that Facebook cited repeatedly in its opening brief– into the fold as a co-author of Mr. Duguid’s brief.
There are a number of can’t miss moments in the interview including:
- Discussions on how the impact of the SCOTUS ruling might impact Garner’s legacy;
- What Sergei’s critical strategy is for overcoming the forceful arguments of Facebook and the U.S. Government;
- How it feels for him to have the weight of the entire TCPAWorld resting on his shoulders from the consumer bar’s perspective;
- Whether, and how, he thinks Justice Barrett--who formally ruled on the TCPA’s ATDS definition in Gadelhak — might be persuaded to change her mind now that she is on the high court; and
- Whether he might simply abandon the appeal if the oral argument goes poorly for him. (You can’t miss this response–his face tells volumes.)
Before we get there, however, you’ll be treated to a great (and long overdue) breakdown of some of the biggest stories in TCPAWorld from the biggest talent in TCPAWorld.
The Baron Breaks Down The Pending FCC Review of Critical TCPA Exemptions At the 2:47 Mark.
First the Baron, Paul Bessozi, breaks down the critical TCPA exemptions that might be on the chopping block as the FCC steams ahead with its TRACED Act implementation. These exemptions–including the critical “commercial purposes exemption” for landline calls– form the backbone of numerous outreach strategies and you absolutely must tune in for the Baron’s excellent assessment of the status of this proceeding and what YOU can do to influence the result.
The Czarina Breaks Down the Application of Article III to Junk Fax Cases at the 9:50 Mark
Next the Czarina, Petrina McDaniel, joins the podcast to discuss her HUGE first-in-the-nation result in Mobile Mini. There a Court took the Article III rules established by Eleventh Circuit text message TCPA cases and applied them–for the first time ever– in the junk fax context. Petrina breaks down where the idea to raise the argument came from, the nuances of its application, and the importance of the ruling for TCPAWorld as a whole. You Can’t miss it.
The Archduke Breaks Down The Eleventh Circuit’s Huge Rejection of Incentive Awards at the 16:48 Mark and the CRITICAL Creasy Opinion at the 21:34 Mark
Next the Archduke of the Realm, Daniel Delnero, pigs out and nerds out discussing two critical new cases. First, the Eleventh Circuit Court of Appeals determination in Johnson that incentive awards in class actions are illegal under Supreme Court law. (Did we mention that TCPAWorld.com was cited in the Plaintiff’s brief to the Eleventh seeking en banc review?) But he’s not done there. Next he tackles the critical Creasy decision–in which a district court found the TCPA is flat unconstitutional as applied to calls made prior to July 6, 2020. This may be the biggest ruling of the year and you can’t miss the Archduke’s discussion of it.
The Grand Duchess Breaks Down Critical New Cases on Officer/Director TCPA Liability at 25:23
Last, but never least, the Grand Duchess breaks down two HUGE and TERRIFYING new cases addressing the potential liability of CEO and officers of Porch, Inc. in two massive class actions. You will not want to miss Amy’s deft assessment of these cases and what they may mean for YOUR organization and corporate officers. Just critical stuff.
The Big Interview with Sergei Lemberg is at the 34:10 Mark
But of course, what you really came for was the interview with Sergei. Trust me– you can’t miss it. And you won’t have to because it is available right here– RIGHT NOW.
CLICK THE PICTURE BELOW FOR THE PODCAST
Editor’s Note: Some viewers may find that the sound is not dubbed right with the video. Seems to be a problem with Explorer. Try Chrome. If that doesn’t work… I’m sorry.