News & Analysis as of

Federal Trade Commission (FTC) Likelihood of Harm

BCLP

Embrace Tradition, Reject Modernity? Recent FTC and DOJ Deal Challenges Show Preference for Traditional Antitrust Theories of Harm

BCLP on

Both the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have now brought cases challenging deals under President Trump’s administration. In many respects, the theories of harm alleged in...more

Eversheds Sutherland (US) LLP

FTC report reveals Commission’s position on potential AI harms

On June 16, 2022, the Federal Trade Commission (FTC) issued a strongly worded report to Congress, “Combatting Online Harms Through Innovation,” warning that policymakers must use “great caution” when mandating the use of...more

Holland & Knight LLP

FTC: Companies Should Use Caution When Relying on AI Tools to Curtail Online Harms

Holland & Knight LLP on

In a report by the Federal Trade Commission (FTC) released on June 16, 2022, the agency is critical of the use of artificial intelligence (AI) to combat online harms. In the report by the agency, which was issued in response...more

Ballard Spahr LLP

Lessons for Businesses from FTC’s Opinion on LabMD’s Data Security Practices

Ballard Spahr LLP on

The Federal Trade Commission (FTC) has issued an Opinion and Final Order finding that the data security practices of LabMD, Inc. were unreasonable, and therefore constituted an unfair act or practice in violation of Section 5...more

Alston & Bird

FTC Overrules LabMD Dismissal, Finds Unfair Data Security Practices

Alston & Bird on

The FTC issued an Opinion and Final Order reversing the previously dismissed charges against LabMD on July 29. FTC Administrative Law Judge (ALJ) D. Michael Chappell had dismissed the case against LabMD on November 13, 2015...more

Cooley LLP

Alert: FTC Commissioners Find LabMD's Failure to Implement Data Security Practices "Unfair"

Cooley LLP on

On July 29, 2016, the Federal Trade Commission (FTC or Commission) announced its long-awaited decision in its LabMD enforcement action. The Commissioners reversed the decision of an Administrative Law Judge (ALJ) and held...more

Proskauer - Minding Your Business

No Harm? No Matter. FTC Broadens Data Security Liability

No harm, no foul? Not according to the FTC. On July 29, 2016, the Commission held that a showing of tangible injury was not necessary in order for company acts and practices to be considered unfair. The case, In the...more

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