Podcast: The Briefing - Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble
The Briefing: Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble
Law Brief®: Mark Rosenberg and Richard Schoenstein Discuss Online Distribution Leakage
Nota Bene Episode 125: What are Non-Fungible Tokens (NFTs) and Are They Here to Stay? with James Gatto
Perhaps recognizing an enforcement gap in the evolving struggle to protect consumers from what Governor Newsom has characterized as a grave threat to public health and safety, the California legislature is taking steps to...more
At the end of last year, the Consumer Product Safety Commission (CPSC) approved an Operating Plan for Fiscal Year 2025, which includes CPSC’s strategic priorities and resource allocations for the coming year. Stated...more
The Consumer Financial Protection Bureau (CFPB) has proposed an interpretive rule aimed at addressing what it views as ambiguities in the application of the Electronic Fund Transfer Act (EFTA) and its implementing Regulation...more
El Congreso promulgó la Ley 2439 de 2024 "[P]or medio de la cual se modifica la Ley 1480 de 2011 y se crean medidas de protección en favor del consumidor de comercio electrónico". Entre los cambios más relevantes introducidos...more
The Electronic Fund Transfer Act (EFTA) and Regulation E apply to an electronic fund transfer (EFT) that authorizes a “financial institution” to debit or credit a consumer’s account. While a “financial institution”...more
“It’s the most wonderful time of the year”—or is it? Unfortunately, it can be the most wonderful time for criminals, who try to prey on financial generosity through scams and frauds. Extra vigilance is needed during the...more
On December 2, 2024, the Federal Trade Commission (FTC) announced it had filed a complaint against GOAT, an online retailer of sneakers, apparel, and accessories. In the complaint, the FTC alleged, among other things, that...more
The Israel Securities Authority recently published a staff legal position addressing the licensing requirements for businesses operating in the “Buy and Sell” or “Reseller” model in online marketplaces. The position clarifies...more
As the holiday season is upon us, businesses must remain vigilant against the increased threat of cybersecurity hacks and scams. Cybercriminals often exploit the festive atmosphere and increased online activity to target...more
The EU is in the course of passing a range of new cyber security legislation which will apply to US businesses who provide services in the EU. One part of that legislative programme is the new Network and Information Security...more
The FTC has filed a lawsuit against online cash advance app Dave, Inc. alleging that it misled consumers about cash advances and fees in violation of the FTC Act and the Restore Online Shoppers’ Confidence Act....more
The Federal Trade Commission’s new rules banning phony online reviews are now in effect. These rules aim to curb false consumer testimonials, the buying of fake reviews from brokers, review suppression, falsifying social...more
Both the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division have focused their sights on big technology companies. Understanding the precedents set by these suits is critical for clients...more
On 17 October 2024, the European Commission adopted the first Implementing Regulation under the Network and Information Security 2 Directive (EU) 2022/2555 (NIS2), focusing on digital infrastructures and services. The...more
The fight over the lucrative app market ropes another manufacturer into the fray. Nine months after persuading a jury that Google LLC had monopolized the markets for Android app distribution and in-app billing, Epic Games has...more
In a controversial move, the Texas Comptroller is poised to amend Rule 3.330, Data Processing Services, effectively rewriting the rules to favor the contentious stance it has adopted in recent audits and litigation. This...more
On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM Act) went into effect. As we have previously written, the INFORM Act aims to deter criminals from selling...more
Global E-commerce platforms continue to grow, with many online marketplaces replacing traditional brick-and-mortar stores. While online marketplaces help legitimate products reach consumers more widely than brick-and-mortar...more
On August 22, 2024, the DC Court of Appeals revived a suit brought by the District of Columbia Attorney General’s Office (DC AG) against Amazon. The suit, which the superior court previously dismissed, alleges that Amazon’s...more
A group of 21 Republican AGs sent a letter to the president of WhaleCo Inc., d/b/a Temu, and the CEO of Temu’s parent company PPD Holdings Inc. (collectively, “Temu”), raising concerns that the company’s business practices...more
Unauthorized sellers can damage your brand in many ways. One way is in relation to customer reviews of your products. Unauthorized sellers provide poor customer service, use poor or incorrect content and marketing assets, and...more
Keypoint: The appellate court ruled that the California Age-Appropriate Design Code Act’s impact assessment provision is unconstitutional and remanded the case back to the trial court to consider the constitutionality of the...more
The UK’s consultation on deregulating commercial agents could have knock-on impacts on payment services and create regulatory divergence from the EU....more
The Online Safety Act (the OSA) received Royal Assent on 26 October 2023 and is now in force. The OSA establishes an extensive regulatory framework for providers of online user-to-user services and search services with...more
In a closely watched case, the U.S. Consumer Product Safety Commission (CPSC) on July 29, 2024, found that Amazon's popular "Fulfilled by Amazon" program – in which products are listed by Amazon but sold by third-party...more