News & Analysis as of

Software Enforcement Actions

Epstein Becker & Green

DOJ False Claims Act Priorities: Cybersecurity is Still on the Radar

By the third quarter of 2025, the Department of Justice (DOJ) has made plain that it will continue using the False Claims Act (FCA) to advance administration priorities....more

Mintz - Privacy & Cybersecurity Viewpoints

FTC COPPA Enforcement - Still Alive and Well

Two recent high profile settlements signal that the Federal Trade Commission (“FTC”) will continue to aggressively enforce violations of the Children’s Online Privacy Protection Act (“COPPA”). In a particularly high-profile...more

Mogin Law LLP

Nation’s Largest Property Manager Settles Antitrust Claims Over Algorithmic Pricing Practices

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Greystar Management Services, one of the nation’s largest property management firms, has agreed to resolve the government’s allegations that its use of RealPage’s algorithmic pricing software violated Section 1 of the Sherman...more

Orrick, Herrington & Sutcliffe LLP

Medical Devices, Cybersecurity & The False Claims Act: What are the Key Takeaways from the Illumina - DOJ Settlement?

Illumina, Inc., a publicly-traded biotechnology company, agreed to a $9.8 million settlement with the U.S. Department of Justice (DOJ) in response to alleged violations of the False Claims Act (FCA). DOJ alleged that Illumina...more

Morrison & Foerster LLP

Algorithmic “Collusion” Theories: Check Out Time or Extended Stay? Ninth Circuit Affirms Complaint Dismissal As Algorithm Scrutiny...

On August 15, 2025, the Ninth Circuit affirmed dismissal of a putative class action alleging Las Vegas Strip hotels used Cendyn Group’s revenue management software to artificially inflate prices in violation of Section 1 of...more

Ballard Spahr LLP

Legal And Legislative Challenges To Landlords’ Use Of Algorithmic Pricing Gain Traction

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Algorithmic pricing software monitors real-time market conditions and recommends real-time adjustments based on data-driven insights. These tools are used across industries, including rental housing, hospitality, ridesharing,...more

Farella Braun + Martel LLP

Like Client, Like Counsel: Lawyers Sanctioned Over AI-Hallucinated Citations Backing False Claims

Another federal court has sanctioned lawyers for using generative AI in legal drafting without verifying the results. On July 7, 2025, a U.S. District Judge ordered two attorneys representing MyPillow CEO Mike Lindell to each...more

Cozen O'Connor

No Buyer’s Remorse for Nebraska AG Over Temu Data Use Lawsuit

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Nebraska AG Mike Hilgers sued PDD Holdings Inc. and WhaleCo Inc., d/b/a Temu, alleging that Temu’s shopping app operates as malware designed to gain unauthorized access to users’ data in violation of state consumer protection...more

Fox Rothschild LLP

Ruling Allows IRS to Automate Review of Employee Retention Credit Claims

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A federal court has upheld the IRS’s right to use automated tools to review Employee Retention Credit (ERC) claims, rejecting a challenge brought by two tax preparation firms. In ERC Today LLC v. McInelly, the U.S. District...more

Jones Day

UK Court Rules on Reverse Engineering of Mainframe Software

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IBM UK ("IBM") successfully enforced the terms of a mainframe license against the defendants who had created a competing software product....more

Foley & Lardner LLP

Five Tips for Navigating Antitrust Risk from Algorithmic Pricing Software

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In recent years, both private plaintiffs and the government have increasingly scrutinized businesses’ use of “algorithmic pricing” software, leading to a wave of antitrust lawsuits and enforcement actions. These softwares,...more

Ropes & Gray LLP

UK Introduces New Russia Sanctions

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On April 23, 2025, the UK Government published the Russia (Sanctions) (EU Exit) (Amendment) Regulations 2025 (the “Amending Regulations”), which took effect on April 24, 2025. The Amending Regulations amend the Russia...more

Seyfarth Shaw LLP

Federal Trade Commission Orders accessiBe to Pay $1M For Misleading Claims Relating to Automated Website Accessibility Remediation...

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The FTC issued a Decision and Order prohibiting accessibility plug-in/Widget vendor AccessiBe from making misleading claims and to pay $1 million....more

Hogan Lovells

AI Health Law & Policy: Complying with FDA GMP rules for AI-enabled diagnostic devices

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The U.S. Food and Drug Administration (FDA) recently issued a Warning Letter citing a failure to obtain marketing authorization via a premarket approval (PMA) or 510(k) clearance as well as Good Manufacturing Practice (GMP)...more

Robinson+Cole Data Privacy + Security Insider

FTC Settles With accessiBe For Misleading Statements About WCAG Compliance

The Federal Trade Commission (FTC) announced on April 22, 2025, that it has approved a settlement entered into a Final Order with accessiBe, which claimed its plug-in product, accessWidget, “can make any website compliant...more

Troutman Pepper Locke

Inside New Commerce Tech Restrictions: Mitigation Strategies

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The U.S. Department of Commerce’s Bureau of Industry and Security has issued the final rule that will determine how its Information and Communications Technology and Services regulations will work going forward....more

Lathrop GPM

Transparency and AI: FTC Launches Enforcement Actions Against Businesses Promoting Deceptive AI Product Claims

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Numerous businesses today deploy artificial intelligence (AI) innovatively across various industries, with many companies eager to hop on the AI hype train and ride the momentum of new and innovative business tools. While...more

Axinn, Veltrop & Harkrider LLP

Axinn Associates at the Antitrust Spring Meeting: Examining Algorithmic Pricing Tools

The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world....more

Vondran Legal

Tackling mobile application takedowns - the Musi vs Apple case

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It's never fun to see years and years of hard work go to waste. In particular, when you build an eCommerce site on a site like Etsy, Shopify, Amazon, or eBay, and get an email message or a letter informing you that you have...more

Cohen & Gresser LLP

Mandatory vs. Suggested Pricing: Algorithmic Price Setting and the Sherman Act

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In January, as the Biden Administration drew to a close, the U.S. Department of Justice (“DOJ”) and eight state attorneys general amended their antitrust lawsuit against software maker RealPage, Inc. (“RealPage”). The lawsuit...more

White & Case LLP

APAC Antitrust - Looking back at 2024 and forward into 2025

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2024 was a year of significant development in the APAC region. Competition regulators continued to flex their muscle in merger control and remain committed to tighter controls on big tech. Looking ahead to 2025, competition...more

Hudson Cook, LLP

FTC Targets Accessibility Overlays

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On January 3, 2025, the Federal Trade Commission ("FTC") announced a proposed $1,000,000 settlement with accessiBe Inc. and accessiBe Ltd. accessiBe is a software provider that sells an AI-powered web accessibility tool...more

Foley & Lardner LLP

Federal Court Applies Antitrust Standard of Per Se Illegality to “Algorithmic Pricing” Case

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A federal district court in Seattle recently issued an important antitrust decision on “algorithmic pricing.” Algorithmic pricing refers to the practice in which companies use software to help set prices for their products or...more

Robinson+Cole Data Privacy + Security Insider

RealPage Antitrust Consent Decree Proposed

In August 2024, the Department of Justice (DOJ) and eight states filed a civil antitrust lawsuit against RealPage Inc., alleging that its software was used to unlawfully decrease competition among landlords and maximize...more

Clark Hill PLC

Right To Know - December 2024, Vol. 24

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Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

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