News & Analysis as of

Corporate Counsel Federal Trade Commission (FTC) New Guidance

Hudson Cook, LLP

FTC Settlement Offers Plenty to Think About Regarding "Up To" Advertising Claims

Hudson Cook, LLP on

I counsel many clients on advertising compliance, and one frequent topic of discussion in that work relates to use of "up to" and "as low as" advertising claims. Companies naturally want to give this information to potential...more

Axinn, Veltrop & Harkrider LLP

Ending Where It Began?: DOJ No-Poach Prosecutions Take Another Hit

The Department of Justice’s years-long campaign to criminally prosecute no-poach agreements may be taking a hiatus. On November 13, 2023, the DOJ moved to dismiss its indictment against Surgical Care Affiliates, LLC (“SCA”),...more

Sheppard Mullin Richter & Hampton LLP

CFPB: Negative Option Marketing Practices May Violate CFPA

On January 19, the CFPB issued Circular 2023-01 to affirm that companies offering “negative option” subscription services are required to comply with federal consumer financial protection laws. According to the Circular,...more

Hinch Newman LLP

eCommerce Attorney Tips Regarding Recent Automatic Renewal Law Developments

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For years, the Federal Trade Commission has aggressively enforced the Restore Online Shoppers’ Confidence Act against digital marketers that offer Internet-based automatic renewals and subscriptions. In short, ROSCA requires...more

Dechert LLP

The New U.S. Antitrust Vertical Merger Guidelines: Five Things You Need to Know

Dechert LLP on

The final Vertical Merger Guidelines issued on June 30, 2020 provide guidance to the business and legal communities on how the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) currently analyze the...more

Ballard Spahr LLP

FTC Releases 2019 Privacy and Data Security Update

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On February 25th, the Federal Trade Commission (FTC) released its annual Privacy and Data Security Update, which highlights the FTC’s activities during the past year....more

McDermott Will & Emery

Antitrust M&A Snapshot - May 2019

McDermott Will & Emery on

UNITED STATES: JANUARY - MARCH 2019 UPDATE - In the first quarter of 2019, vertical merger enforcement continued to be a hot topic for the US antitrust agencies. The Court of Appeals upheld the district court’s decision in...more

Jones Day

Post-Order Merger Divestitures Likely to Face "Uphill" Battle with FTC

Jones Day on

New guidance from the Federal Trade Commission's ("FTC") staff describes the FTC's views on "post-order" divestitures and highlights the difficulties in persuading the FTC to abandon its preference for upfront buyers in...more

Ballard Spahr LLP

New Guidance Issued on FCRA Compliance in Employee Screening

Ballard Spahr LLP on

The Federal Trade Commission (FTC) has issued new guidance to help background screening companies comply with the Fair Credit Reporting Act (FCRA) when conducting background checks on current or prospective employees. The new...more

Morrison & Foerster LLP

Key Take-Aways From the FTC’s New Section 5 Statement

The Federal Trade Commission’s New Section 5 Statement Preserves the Agency’s “Doctrinal Flexibility” but Fails to Provide Meaningful Concrete Guidance - On August 13, 2015, the Federal Trade Commission (FTC) released...more

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