Central District of California dismisses lawsuit alleging that a third-party’s interception of communications over a website’s live chat feature violated California’s wiretapping and eavesdropping prohibitions. ...more
Today, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) issued a final rule aimed to ease compliance with certain aspects of the regulations promulgated under the Corporate Transparency Act. The...more
This year has seen a tremendous spike in the number of cases alleging violations of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710, a statute enacted in 1988 in response to the Washington City Paper’s publication...more
In 2021, the U.S. enacted the Corporate Transparency Act (the “CTA”) as part of a multi‑national effort to rein in the use of entities to mask illegal activity. The CTA directs the U.S. Department of the Treasury’s Financial...more
On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA”) as part of the Anti-Money Laundering Act of 2020 in the National Defense Authorization Act for Fiscal Year 2021. Congress passed the CTA to...more
1/18/2023
/ Anti-Money Laundering ,
Beneficial Owner ,
CFTC ,
Corporate Transparency Act ,
Corruption ,
FinCEN ,
Investment ,
Investment Adviser ,
National Intelligence Agencies ,
National Security ,
Publicly-Traded Companies ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Tax Evasion ,
Venture Capital
Judge Jeffrey White of the Northern District of California recently dismissed a putative class action lawsuit in which plaintiffs claimed they faced an imminent threat of future of harm in the form of identity theft and fraud...more
Antitrust and tech is in the legal news almost daily, and often multiple times a day. Here are a few recent developments with notable implications that may have flown under the radar: 1) renewed focus on gig economy issues;...more
On August 25, 2022, the Securities and Exchange Commission, in a 3-2 vote, adopted a new disclosure rule implementing the Dodd-Frank Act’s requirement that public companies disclose the relationship between compensation paid...more
Last month, the FTC issued a report to Congress advising governments and companies to exercise “great caution” in using artificial intelligence (“AI”) to combat harmful online content. The report responds to Congress’s...more
Judge Cathy Seibel of the Southern District of New York recently dismissed a putative class action lawsuit challenging various environmental impact and animal welfare claims made by Allbirds in ads for its wool shoes. In...more
Earlier this week, Proskauer and the Washington Lawyers’ Committee filed a class action lawsuit on behalf of tenants of the Meridian Heights apartment building (“Meridian Heights” or the “Property”), against the owner and...more
4/8/2022
/ Class Action ,
Covenant of Quiet Enjoyment ,
Duty To Repair ,
Health and Safety ,
Implied Warranties ,
Landlords ,
Pro Bono ,
Public Health ,
Race Discrimination ,
Residential Leases ,
Residential Property Owners ,
Safety Standards ,
Statutory Violations ,
Tenants
Sanctions continue to be a dynamic area of regulation and enforcement. In its first year, the Biden Administration has already undertaken a number of different sanctions initiatives. The three examples below highlight the...more
3/9/2022
/ Anti-Corruption ,
Asset Management ,
Asset Seizure ,
Biden Administration ,
Economic Sanctions ,
Enforcement Priorities ,
Financial Transactions ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Policy ,
Foreign Relations ,
Global Magnitsky Act ,
Office of Foreign Assets Control (OFAC) ,
Private Investment Funds ,
Russia ,
SDN List ,
Ukraine ,
Virtual Currency
Over the past week, the U.S., UK, and EU imposed sweeping sanctions rolled out by the US, in response to Russia’s invasion of Ukraine, outlined here. Also last week, the Department of Justice announced the launch of Task...more
3/7/2022
/ Anti-Corruption ,
Asset Seizure ,
Biden Administration ,
Cryptocurrency ,
Digital Assets ,
Economic Sanctions ,
Enforcement Priorities ,
Foreign Policy ,
Foreign Relations ,
Forfeiture ,
Joint Task Force ,
Russia ,
Ukraine ,
Vladimir Putin
In response to Russia’s invasion of Ukraine, President Biden announced sanctions against Russia. Following an executive order issued on February 21, 2022, the U.S. Department of Treasury’s Office of Foreign Assets Control...more
3/1/2022
/ Biden Administration ,
Blocked Person ,
Economic Sanctions ,
Export Controls ,
Financial Transactions ,
Foreign Policy ,
Foreign Relations ,
Foreign Trade Regulations ,
General Licenses ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
SWIFT ,
Ukraine ,
Vladimir Putin
A California federal judge rejected Zoom Video Communications, Inc.’s motion to dismiss securities fraud claims against it, and its CEO and CFO, for misrepresenting Zoom’s privacy protections....more
In 1984, the Supreme Court ruled unanimously that courts must defer to an administrative agency’s reasonable interpretation of an ambiguous statute. But last year, the Supreme Court stripped the FTC of its ability to seek...more
2/7/2022
/ Acquisition Agreements ,
Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Administrative Review ,
Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Certiorari ,
Competition ,
Constitutional Challenges ,
Due Process ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
FTC Act ,
Merger Controls ,
Removal For-Cause ,
SCOTUS ,
Separation of Powers ,
Statutory Interpretation
Continuing our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we address the FTC’s prohibition against using testimonials to (1) make or imply unsubstantiated or otherwise deceptive...more
1/12/2022
/ Advertising ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Online Platforms ,
Regulatory Standards ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
The FTC indicated that it will use its rulemaking authority under the FTC Act’s Section 18 to create a new rule that will likely seek to rein in broad data collection and use.
...more
12/23/2021
/ Bright-Line Rule ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Data Security ,
Discrimination ,
Federal Trade Commission (FTC) ,
FTC Act ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Surveillance ,
Targeted Digital Advertising
Earlier this year, we blogged about the Supreme Court’s decision in AMG v. FTC, which significantly curtailed the FTC’s ability to seek monetary restitution under Section 13(b) of the FTC Act. One quick update there: The...more
8/5/2021
/ Advertising ,
AMG Capital Management LLC v FTC ,
Cancellation Rights ,
Damages ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Goods or Services ,
Injunctive Relief ,
Internet Retailers ,
ROSCA ,
Unfair or Deceptive Trade Practices