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Enforcement Actions Enforcement Federal Trade Commission (FTC)

Kelley Drye & Warren LLP

FTC Warns Manufacturers and Retailers About Made in USA Claims

As we noted earlier this month, FTC Chairman Andrew Ferguson designated July as ​“Made in USA” Month. Because Hallmark still hasn’t printed greeting cards to commemorate the month, the FTC celebrated by sending warning...more

Wiley Rein LLP

With “Click-to-Cancel” Rule Now Vacated by 8th Circuit, What’s Next for FTC?

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The U.S. Court of Appeals for the Eighth Circuit on July 2 issued a decision vacating the Federal Trade Commission’s (FTC) revised Negative Option Rule, which the previous Administration called the “Click to Cancel” Rule....more

Vinson & Elkins LLP

Prior Approval Remedies in M&A: Agency Policy and Practice

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For twenty-five years prior to the Biden Administration, FTC and DOJ consent agreements have had a singular goal: to remedy the anticompetitive effects of proposed transactions. Under former Chair Khan, however, the FTC...more

Fox Rothschild LLP

FTC: Be Precise and Accurate With Your Advertising or Beware

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The Federal Trade Commission is taking a hard look at marketing and advertising statements, making sure they are precise and accurate. Here are some key takeaways from recent enforcements:...more

Axinn, Veltrop & Harkrider LLP

2023 Merger Guidelines Continue in Effect

In somewhat of a surprise, FTC Chairman Ferguson announced yesterday that the FTC and Department of Justice’s joint 2023 Merger Guidelines “are in effect and are the framework for this agency’s merger-review analysis.” This...more

Fox Rothschild LLP

How Will the FTC Approach AI Under the Trump Administration?

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Federal Trade Commission Commissioner Melissa Holyoak spoke last week at a conference in Miami about “a new season at the FTC.” What can we learn from Holyoak’s comments about the FTC’s plans for AI regulation and free...more

Paul Hastings LLP

Private Company Report: Fourth Quarter 2024

Paul Hastings LLP on

This edition of the Private Company Report highlights critical updates and regulatory changes affecting private companies, including a temporary stay on the enforcement of the new beneficial ownership reporting requirements...more

Vinson & Elkins LLP

2024 Chemicals & Energy Antitrust Report

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The re-election of former President Donald J. Trump is poised to significantly alter the landscape of antitrust enforcement, particularly within the energy and chemical industries. While the incoming administration has yet to...more

BakerHostetler

Data Security, Commercial Email and Employee Reviews Walk into a Bar...

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Sorry folks, there is no punchline here, but there are bottom lines from a settlement the Federal Trade Commission (FTC) announced last week. We discuss three today: (1) the FTC continues to mount broad investigations and...more

BakerHostetler

FTC Releases Privacy and Data Security Update

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On March 28, 2024, the FTC released its annual Privacy and Data Security Update (Update), which highlights the enforcement actions, guidance, and rules promulgated by the agency from 2021 through 2023 to protect consumer data...more

Holland & Knight LLP

Fake It Until You Make It: FTC Targets Fake Reviews and Testimonials

Holland & Knight LLP on

Consumers often research a product or service before they make a purchase. Now more than ever, consumers rely on the reviews and testimonials they see online. This creates a breeding ground for deception. Enter the Federal...more

Dorsey & Whitney LLP

Increase in HSR Reporting Thresholds and Filing Fees; Other HSR Developments

Dorsey & Whitney LLP on

In January 2024, the Federal Trade Commission (FTC) made three important announcements for M&A practitioners....more

WilmerHale

2024 Privacy Law Preview

WilmerHale on

As we have detailed previously, 2023 was a landmark year for privacy law, featuring numerous developments at the federal, state and international levels, ranging from newly enacted statutes to massive regulatory enforcement...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Communications Commission Acts to Prevent Unwanted and Illegal Phone Calls and Text Messages

The Federal Trade Commission (FTC) and Federal Communications Commission (FCC) are partnering in “Operation Stop Scam Calls,” a multijurisdictional effort to stop illegal telemarketing calls. Recent actions by the FCC...more

BCLP

FTC Policy Statement to Biometric Information and Technology

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The Federal Trade Commission (“FTC”) has issued a policy statement addressing biometric technologies in a signal of enforcement actions to come: It states: “In light of the evolving technologies and risks to consumers, the...more

Epstein Becker & Green

FTC Makes Case for Increased Enforcement

Epstein Becker & Green on

The Federal Trade Commission (FTC) recently provided testimony to the House Committee on Appropriations, Subcommittee on Financial Services and General Government concerning its fiscal year (FY) 2024 budget request....more

Skadden, Arps, Slate, Meagher & Flom LLP

SCOTUS Unanimously Endorses Early Challenge to Agency Proceedings, Limiting Enforcement Agency Power

The Supreme Court has made it easier to challenge the constitutionality of administrative tribunals housed at federal agencies. On April 14, 2023, the Court unanimously held in Axon Enterprise, Inc. v. Federal Trade...more

BakerHostetler

FTC Reverts to Penalty Letters, Threatening 670 Companies with Penalties for Unsubstantiated Health Claims and Maybe More

BakerHostetler on

Advertisers likely recall that back in 2021, the Federal Trade Commission (FTC) created quite the stir when it sent to more than 700 companies warning letters that threatened penalties if companies engaged in deceptive...more

Bradley Arant Boult Cummings LLP

Cybersecurity Enforcement Has Increased, and 2023 Will Be Worse!

The government’s announcement of renewed emphasis on cybersecurity enforcement has spawned recent million-dollar enforcement actions. Continued government attention on cybersecurity promises a treacherous enforcement...more

Holland & Knight LLP

FTC Seeks First-Ever Health Breach Notification Rule Enforcement: Pixel Users Beware

Holland & Knight LLP on

For the first time ever, the Federal Trade Commission (FTC) is seeking enforcement under the Health Breach Notification Rule. This regulation requires certain businesses not covered by the Health Insurance Portability and...more

Orrick, Herrington & Sutcliffe LLP

FTC finalizes data breach order with online alcohol marketplace

On January 10, the FTC announced it has finalized an order with a company that operates an online alcohol marketplace, along with its CEO, related to a data breach that allegedly exposed the personal information of roughly...more

BCLP

Picking the Locks: Recent DOJ Enforcement of Clayton Act’s Prohibitions on Interlocking Directorates

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The business community was put on notice last week after the Department of Justice (DOJ) announced the resignations of seven directors from five corporate boards following what DOJ called the “first in a broader review of...more

Venable LLP

Update: Judge Allows Most of Receiver’s Claims Against Wells Fargo for Involvement with Negative Option Marketers to Proceed

Venable LLP on

A few weeks ago, we wrote an article discussing two enforcement actions by the Federal Trade Commission in the Central and Southern Districts of California that highlighted the risks to payment processors and financial...more

Epiq

Looking Back at Data Privacy Developments in 2021: Part One – the U.S.

Epiq on

With the start of a new year, it is the perfect time to reflect on major legal movement with consumer privacy last year both in the U.S. and abroad. Data privacy is a hot issue that will continue to trend as more countries...more

Arnall Golden Gregory LLP

Federal Authorities Signal Attempts to Strike Balance Between Enforcement and Flexibility During Challenges Posed by COVID-19

This month, Attorney General William Barr issued a memorandum to all U.S. Attorneys to prioritize detection, investigation, and prosecution of all criminal conduct related to the COVID-19 pandemic. The Department of Justice...more

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