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Eighth Circuit Vacates FTC Negative Option Rule, What’s Next?

Key Takeaways - - The Eighth Circuit vacated the FTC’s Negative Option Rule due to the agency’s failure to issue a required preliminary regulatory analysis during the rulemaking process. The ruling comes just days before the...more

Eighth Circuit Hears Challenges to FTC Negative Option Rule

On June 10, 2025, Judges Loken, Erickson, and Kobes of the U.S. Court of Appeals for the Eighth Circuit heard oral argument on consolidated challenges filed by a security services company and a number of trade associations...more

Copyright Office Solidifies Stance on the Copyrightability of AI-Generated Works

Earlier this year, the U.S. Copyright Office released part two of its artificial intelligence (AI) report addressing the copyrightability of outputs created using generative AI. This new report is largely consistent with the...more

FTC Finalizes “Click To Cancel” Rule With Substantial Requirements for Recurring Subscription Programs

The Federal Trade Commission (FTC) announced its final Negative Option Rule (the Rule)—which the FTC often refers to as the “Click to Cancel” rule—for automatically renewing subscriptions, free trials that convert to paid...more

Upcoming Requirements for Digital Goods and Subscription Offers in California

The new year will bring new laws in California. In addition to laws addressing generative AI training data, digital replicas, and deepfakes, there will also be new and amended laws imposing requirements on businesses that...more

Do You Have to Disclose When Your Users Are Interacting With a Bot?

The customer service agent sympathetically responding to your chat messages about a delayed order, the player fiercely competing against you in an online match, the coach sending you motivational messages and workout advice:...more

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