News & Analysis as of

Federal Trade Commission (FTC) Preemption

Akin Gump Strauss Hauer & Feld LLP

Senate Advances Landmark Tech Policy Priorities

Key Points - The Senate has passed landmark children’s online privacy and safety legislation via a near-unanimous vote shortly before departing for the August recess. The bill is comprised of revised versions of the Kids...more

Parker Poe Adams & Bernstein LLP

What Physicians and Their Practices Need to Know About FTC's Noncompete Ban

On April 23, the Federal Trade Commission (FTC) approved a long-anticipated final rule that will effectively ban the use of noncompete clauses by employers, with a few limited exceptions....more

Jones Day

Here We Go Again: U.S. Congress Reintroduces New Comprehensive Federal Privacy Law

Jones Day on

With the bipartisan, bicameral proposed American Privacy Rights Act of 2024, the U.S. Congress seeks to adopt the first national personal data privacy and security law that would preempt comprehensive state privacy laws....more

WilmerHale

New Federal Privacy Bill Draft Hits Congress

WilmerHale on

On April 7, Representative Cathy McMorris Rodgers (R-Wash.), Chair of the U.S. House Committee on Energy and Commerce Chair, and Senator Maria Cantwell (D-Wash.), Chair of the Senate Committee on Commerce, Science and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FTC Announces Open Commission Meeting to Vote to Issue Final Rule Banning Noncompetes

On April 16, 2024, more than fifteen months after issuing a notice of proposed rulemaking that would ban noncompetes and nearly a year after the comment period closed, the Federal Trade Commission (FTC) announced it was...more

McDermott Will & Emery

A Federal Privacy Law or a False Hope? Making Sense of the American Privacy Rights Act of 2024 Draft

McDermott Will & Emery on

On April 7, 2024, Rep. Cathy McMorris Rodgers (R-WA), the chair of the US House Committee on Energy and Commerce, and Sen. Maria Cantwell (D-WA), the chair of the US Senate Committee on Commerce, Science, and Transportation,...more

Mintz - Privacy & Cybersecurity Viewpoints

American Privacy Rights Act – Another Shot at a Comprehensive Federal Privacy Law

Will the U.S. finally join most developed nations and pass a comprehensive federal privacy law? Some believe this may be the year that the U.S. does just that....more

Fox Rothschild LLP

Comprehensive Federal Privacy Bill May Open Backdoor for HIPAA Private Right of Action

Fox Rothschild LLP on

The American Privacy Rights Act of 2024 (APRA), a bipartisan and “historic” comprehensive data privacy bill unveiled April 8, 2024, would preempt state data privacy laws and be enforced by the Federal Trade Commission,...more

Benesch

Privacy Surprise: Bipartisan Group Proposes Omnibus Data Protection Law that Preempts all US State Data Protection Laws

Benesch on

The American Privacy Rights Act of 2024 would establish a national, comprehensive data protection law unifying US businesses under one standard, preempting the well over a dozen U.S. states with laws already in effect. ...more

Womble Bond Dickinson

A Place For Everything: Cabinet Company’s First Lawsuit Unsuccessful Against Former Employee and Competitor

Womble Bond Dickinson on

The U.S. District Court for the Western District of North Carolina rejected several claims brought by Design Gaps, Inc. a Charlotte custom cabinetry company against a former employee and a competitor. Design Gaps, Inc. v....more

Epstein Becker & Green

Preemption Questions Continue as FTC and NLRB Fight Restrictive Covenants

Epstein Becker & Green on

As federal administrative agencies wade further into rulemaking and adjudicative efforts to outlaw noncompetes and restrictive covenants, defendants are beginning to raise preemption arguments in response to state court...more

Burr & Forman

District Court Rules that Consumer’s Claims Under Georgia’s Fair Business Practices Act Relating to Sale and Finance of Automobile...

Burr & Forman on

The United States District Court for the Northern District of Georgia has recently ruled that a consumer cannot maintain a claim under the Georgia Fair Business Practices Act (GFBPA) where the claim arises out of a loan...more

Holland & Knight LLP

State Action Immunity Trumps Federal Pre-Merger Notification Requirements

Holland & Knight LLP on

The U.S. District Court for the Eastern District of Louisiana on Sept. 27, 2023, granted summary judgment against the Federal Trade Commission (FTC) in its challenge to the acquisition of three hospitals in Louisiana pursuant...more

Holland & Knight LLP

Airline Sued for Greenwashing Over Use of Carbon Offsets

Holland & Knight LLP on

A consumer filed a class action lawsuit against a commercial airline on May 30, 2023, in the U.S. District Court for the Central District of California alleging three violations of California state law related to unfair and...more

Orrick, Herrington & Sutcliffe LLP

FTC says COPPA does not preempt state privacy claims

The FTC recently filed an amicus brief in a case on appeal before the U.S. Court of Appeals for the Ninth Circuit, arguing that the Children’s Online Privacy Protection Act (COPPA) does not preempt state laws that are...more

Orrick, Herrington & Sutcliffe LLP

House committee continues federal privacy legislation discussions

On April 27, the House Subcommittee on Innovation, Data, and Commerce, a subcommittee of the House Energy and Commerce Committee, held a hearing entitled “Addressing America’s Data Privacy Shortfalls: How a National Standard...more

Venable LLP

Potential Changes Coming to Labor and Employment Laws for Employers to Watch in 2023

Venable LLP on

If there's one thing employers can be sure of from one year to the next, it's that the laws and regulations governing their workplace and workforce are likely to change and develop, at least to some extent. Whether big or...more

Royer Cooper Cohen Braunfeld LLC

FTC Proposes Aggressive Rule That Would Decimate Employment Non-Competes

The federal government has proposed a rule to ban non-compete agreements between nearly all employers and all workers. The Federal Trade Commission (FTC) believes this rule will increase wages by almost $300 billion annually...more

Proskauer - Employee Benefits & Executive...

Sweeping Ban on Non-Compete Clauses Proposed by Federal Trade Commission

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of noncompetes (the “Proposed Rule”) by employers. The Proposed Rule is the...more

Benesch

Proposed Federal Data Protection Law Amended and Advanced for a Full Chamber Vote in the House

Benesch on

While progress has been made in finalizing the text - language around state law preemption and the creation of a small business exception - passage remains unlikely as key-Democrats continue to withhold support and mid-term...more

Hogan Lovells

Legislators Announce Compromise U.S. Federal Privacy Bill with Support in both the House and Senate

Hogan Lovells on

Momentum is growing for a federal privacy law in the United States. A bipartisan group of House and Senate leaders have released a discussion draft of a baseline consumer data protection legislation. The American Data...more

Akin Gump Strauss Hauer & Feld LLP

Lawmakers Unveil Landmark Bipartisan Privacy Proposal

Key Points - Three of the four bipartisan leaders of the House and Senate committees with jurisdiction over data privacy have struck a deal on a comprehensive federal bill, the American Data Privacy and Protection Act,...more

Kelley Drye & Warren LLP

“Not Outgunned, Just Outmanned” (For Now): Senate Hearing on Privacy Law Addresses Under-resourced FTC

On September 29, 2021, the Senate Commerce Subcommittee held a hearing titled Protecting Consumer Privacy. The senators addressed the potential $1 billion earmarked to strengthen the FTC’s privacy work, the future of a...more

Mintz - ML Strategies

Cantwell-Cassidy Exposure Notification Privacy Act – A Bipartisan Bill on Disease Contact Tracing

Mintz - ML Strategies on

Last week, Senators Maria Cantwell (D-WA), the Ranking Member of the Senate Committee on Commerce, Science, and Transportation, and Bill Cassidy (R-LA) introduced the Exposure Notification Privacy Act, which would regulate...more

Bradley Arant Boult Cummings LLP

A Second Privacy Bill for COVID-19 Has Larger Scope, More Enforcement

This is the sixth alert in a series of Bradley installments on privacy and cybersecurity developments arising from the COVID-19 pandemic. Click to read the first, second, third, fourth, and fifth installments. Two United...more

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