On April 4, 2022, the U.S. Department of Justice (DOJ) Civil Division's Consumer Protection Branch (CPB) released its first-ever annual "recent highlights" report. The report describes the CPB's accomplishments from October...more
On September 15, 2021, the Federal Trade Commission (FTC) hosted its third open meeting in as many months. The commission adopted the four items on its agenda and FTC staff gave a presentation on its study of acquisitions by...more
The FTC Can No Longer Go to Court for Monetary Relief Under Section 13(b) -
On April 22, 2021, the United States Supreme Court unanimously decided the closely watched case AMG v. FTC. Petitioners argued that the Federal...more
Justices Considered Whether Certain Court-Imposed Monetary Remedies Are Legal -
On Wednesday, January 13, 2021, the U.S. Supreme Court heard arguments in the much-anticipated case of AMG v. FTC, which challenges the Federal...more
On December 24, 2020, the European Commission (EC) and UK government announced the long-awaited EU-UK Trade and Cooperation Agreement (the Brexit Agreement), which sets out the future relations between the EU and the UK. If...more
On November 12, 2020, the European Commission (EC) issued a draft version of a new set of Standard Contractual Clauses (New SCCs). The long-awaited New SCCs include several modules that companies can use depending on the...more
On November 11, 2020, the European Data Protection Board (EDPB), comprised of the European data protection regulators (DPAs), issued two long-awaited sets of recommendations. These recommendations are critical for any...more
Over the last few days, the European Data Protection Board (EDPB), the European Data Protection Supervisor (EDPS) and various Supervisory Authorities (SAs) across Europe issued statements addressing the decision of the...more
In Liu v. Securities & Exchange Commission, the Supreme Court upheld, but circumscribed, the Securities and Exchange Commission's (SEC's) disgorgement authority by holding 8-1 that the SEC may seek disgorgement through its...more
7/14/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
On June 30, 2020 the Federal Trade Commission (FTC) announced that it reached a settlement in its litigation against NTT Global Data Centers (formerly RagingWire Data Centers) over allegations that the company misled...more
On June 19, 2020, the Federal Trade Commission (FTC) submitted to Congress two reports that Congress requested in connection with the spending bill that funds the FTC. One of these reports (the "Resources Report") describes...more
On January 8, 2019, the California Department of Justice, Office of the Attorney General, held the first of six public forums regarding the implementation of the California Consumer Privacy Act (CCPA). The CCPA, effective...more
The UK's pending exit from the European Union on March 29, 2019, will have far-reaching effects on many business activities, including the processing of personal data. While the ultimate legal implications are subject to...more
In a surprising twist, the California legislature rushed last week to pass one of the most comprehensive privacy laws in the country. The bill was introduced only a week prior, and within hours of passage, it was signed into...more
The U.S. Court of Appeals for the Eleventh Circuit recently released its highly anticipated decision in the long-running case pitting the now-defunct medical laboratory LabMD against the Federal Trade Commission (FTC),...more
On April 12, 2018, the Federal Trade Commission (FTC) announced that it was withdrawing its proposed August 2017 privacy and data security settlement with Uber Technologies and issuing a new and expanded proposed settlement....more
In yet another round of Schrems versus Facebook, on January 25, 2018, the Court of Justice of the European Union (CJEU) ruled that privacy activist Max Schrems is a consumer with regard to his Facebook profile despite his...more
The Federal Trade Commission (FTC) is seeking public comment on a petition by Sears Holding Management requesting that the FTC reopen and modify a 2009 FTC order settling charges that Sears failed to disclose adequately the...more
The expanding use of mobile technologies, cloud computing, and the Internet of Things has greatly increased the amount of available consumer data. The ability to efficiently process this information has the potential to...more
On October 3, 2017, the High Court of Ireland issued its decision in Data Protection Commissioner vs Facebook and Schrems1 concerning the validity of the EU Standard Contractual Clauses (SCCs)—a mechanism used by a very large...more
On August 15, 2017, the Federal Trade Commission (FTC) announced that it had reached an agreement with Uber Technologies to settle allegations that the ride-sharing company had deceived consumers by failing to live up to its...more
On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo regarding the company's practice of pre-loading software on its laptops that...more
The EU Parliament Committee in charge of reviewing the EU Commission's Proposal for an e-Privacy Regulation (Proposal) released a Draft Report proposing amendments this week....more
6/23/2017
/ Bluetooth ,
Data Protection ,
Do Not Call List ,
e-Privacy Directive ,
Electronic Communications ,
Encryption ,
EU ,
General Data Protection Regulation (GDPR) ,
Opt-In ,
Web Tracking ,
Wifi
The W-2 phishing scams are back. Fraudsters have learned that W-2 phishing scams can be highly effective when targeting businesses while they are handling and sending employee income-tax-related documents early in a new year....more
As expected, the Federal Communications Commission (FCC) has handed down sweeping new privacy and security rules for Internet service providers (ISPs). On Thursday, October 27, 2016, a sharply divided commission voted to...more
10/28/2016
/ Breach Notification Rule ,
Broadband ,
Data Collection ,
Dispute Resolution ,
FCC ,
Harmonization Rules ,
Internet Service Providers (ISPs) ,
Open Internet Rules ,
Opt-Outs ,
Prior Express Consent ,
Privacy Policy ,
Telecommunications