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Corporate Counsel Federal Trade Commission (FTC) Compliance

Wiley Rein LLP

FTC Consumer Protection and Privacy Enforcement Series: PADFA Enforcement—What Companies Need to Know

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As part of our series to provide practical insights into emerging Federal Trade Commission (FTC) priority areas for consumer protection and data privacy enforcement, we are taking a deep dive into the Protecting Americans’...more

Cornerstone Research

Applying the Hypothetical Monopolist Test to Labor Markets: Lessons from FTC v. Kroger Co.

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FTC v. Kroger Co., an early test of the 2023 Merger Guidelines, focused on competition within labor markets as well as within product markets. In its decision, the court noted that it was “not aware of any standard economic...more

Amundsen Davis LLC

Employee Non-Competes: Where We Stand Today

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A little less than a year ago, businesses were scrambling to get ready for the then-impending Federal Trade Commission’s (FTC) final rule that would have blocked nearly all non-compete agreements between employers and...more

Morrison & Foerster LLP

FTC Looks to Leverage PADFAA Enforcement to Help Limit Exposure of Consumer Data

In recent comments, Commissioner Holyoak signaled that the Federal Trade Commission will prioritize enforcement of the Protecting Americans’ Data from Foreign Adversaries Act (PADFAA), a law that empowers the FTC to police...more

Redgrave LLP

Maintaining Information Preservation and Management Vigilance in an Age of Apparent Reduced Law Enforcement

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Corporate legal departments are busy. They face new privacy regulations, ever-shifting trade policies, developments in artificial intelligence, and an unending stream of breaking news. It is difficult to keep up, and lately,...more

Baker Donelson

Stay Vigilant! Labor Antitrust and Enforcement Remain a Trump Administration Priority

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Newly appointed FTC Chairman, Andrew Ferguson, has made it clear that "the Trump-Vance FTC is going to be on the lookout for non-competes that violate the antitrust laws and we are going to do something about them." Following...more

Bennett Jones LLP

It All Comes Out in the Wash: Regulatory Action on AI Washing Ramps Up

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Securities-related regulatory action regarding “AI washing” has been increasing in the United States, serving as a warning of potential future developments in Canada. AI washing, as defined by the Canadian Securities...more

Pierce Atwood LLP

AI Tools on Trial: Emerging Litigation Trends Impacting AI-Powered Technologies

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With the increase in AI-related litigation and regulatory action, it is critical for companies to monitor the AI technology landscape and think proactively about how to minimize risk. To help companies navigate these...more

Bradley Arant Boult Cummings LLP

FTC’s “Click to Cancel” Rule to Simplify Subscription Cancellations Becomes Effective

The final text of the amended Negative Option Rule, featuring the new “Click to Cancel” program, goes into effect this week on Wednesday, January 15, 2025, and should become enforceable approximately four months later on...more

Holland & Knight LLP

FTC Cracks Down on Selling Sensitive Location Info, Restricts Use of Consumer Data for 1st Time

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The Federal Trade Commission (FTC) announced two significant enforcement actions last week – one against data broker Mobilewalla, Inc. and the other against data analytics provider Gravy Analytics, Inc. (and its subsidiary...more

Holland & Knight LLP

The Expected Impact of the Election and Republican Control of Congress on the FTC

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The election of Donald Trump as president, combined with forthcoming Republican control of Congress, likely means significant change in how the Federal Trade Commission (FTC or Commission) is structured and approaches...more

Fox Rothschild LLP

The Fox Rothschild Privacy Summit: A Recap

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Transparency might be the most important food group in data privacy compliance, especially with the Federal Trade Commission, Office of the New York State Attorney General and California Privacy Protection Agency focusing...more

Skadden, Arps, Slate, Meagher & Flom LLP

FAQs About the FTC’s Broad New Ban on Noncompetes

When the Federal Trade Commission (FTC) issued its long-awaited final rule banning virtually all noncompete clauses between workers and employers, it also published 500-plus pages of commentary....more

K&L Gates LLP

Antitrust and AI: US Antitrust Regulators Increasingly Focused on the Potential Anticompetitive Effects of AI

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Companies in various industries are increasingly incorporating Artificial Intelligence (AI) into critical aspects of their businesses, and for good reason, as AI has the potential to confer many substantial benefits: It can...more

Sheppard Mullin Richter & Hampton LLP

Negative Option Practices Under Increased Scrutiny in the US

Retailers and service providers with US business operations should take note: the Federal Trade Commission (FTC) is increasing its scrutiny of negative option marketing activity to combat unfair or deceptive practices related...more

Foley & Lardner LLP

NLRB Expands Focus to Worker Debt and Surveillance

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Last week, the National Labor Relations Board (NLRB) entered into an information sharing agreement with the Consumer Financial Protection Bureau (CFPB), intended to crack down on “employer-driven debt” as well as worker...more

Wilson Sonsini Goodrich & Rosati

FTC Reinterprets FTC Act to Include Broad Powers Related to “Interlocking Directorates”

In what might be a further expansion of antitrust enforcement of interlocking directorates, the Federal Trade Commission (FTC) issued a policy statement announcing that it now interprets Section 5 of the FTC Act to grant it...more

Fenwick & West LLP

Changes to California’s Automatic Renewal Law May Require Updates for Subscription Service Providers

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Subscription services face increased scrutiny from regulators, lawmakers and the plaintiffs’ bar. As we highlighted in a recent client alert, the FTC warned companies against using “dark patterns” in connection with paid...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC and DOJ Enforcement Actions Highlight Scrutiny of Divestiture Orders Compliance

Recent enforcement actions by the Federal Trade Commission (FTC or Commission) and the Department of Justice (DOJ) demonstrate the agencies’ continued close scrutiny of merging parties’ compliance with divestiture orders....more

Foley & Lardner LLP

Antitrust Tips for Attending a 'Virtual' Trade Association Meeting

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Trade associations serve many valuable purposes for employees and businesses alike. They serve as forums for professionals within a particular industry, subject to applicable legal parameters, to share knowledge and best...more

WilmerHale

FTC Steps Up Privacy Shield Enforcement Actions

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This week the FTC announced yet another batch of enforcement actions against companies for misrepresenting their participation in the EU-US and US-Swiss Privacy Shield Frameworks.  Since the beginning of the year, the FTC has...more

Society of Corporate Compliance and Ethics...

Food supply chains under increasing scrutiny

Report on Supply Chain Compliance 2, no. 20 (Oct. 24, 2019) - The United States Federal Trade Commission (FTC) issued a monetary penalty for “greenwashing” last month, the first such penalty imposed on a company for falsely...more

Parker Poe Adams & Bernstein LLP

U.S. Government Continues Raising the Cost of Noncompliance

The U.S. Justice Department, the Federal Trade Commission, and other federal agencies recently announced their 2018 increases for civil penalties. As the costs of violations continue rising, it is imperative that companies...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Privacy & Cybersecurity Update - February 2017"

In this edition of our Privacy & Cybersecurity Update, we look at a series of recent court rulings regarding standing in privacy cases, most of which suggest plaintiffs will continue to have a difficult time establishing...more

Perkins Coie

SEC’s Increased Cybersecurity Enforcement and How to Reduce Your Risks

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The SEC announced last week that an investment adviser had agreed to settle charges that it failed to take required steps to protect against and respond effectively to a cybersecurity breach. The action comes on the heels of...more

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