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European Union Adopts Flagship Digital Services Act

On October 27, 2022, the Digital Services Act (DSA) was published in the Official Journal of the European Union, sweeping in a new era in the regulation of digital services....more

FTC Holds Event on Digital Marketing and Blurred Advertising’s Impact on Children

On October 19, 2022, the Federal Trade Commission (FTC) held a virtual event to explore the concept of “blurred” advertising in digital media and its impact on children. As the FTC is considering updates to rules related to...more

The FTC Privacy Rulemaking: What's Next?

On August 11, 2022, the Federal Trade Commission (FTC) took the first step toward creating national privacy and security rules that, if finalized, would apply across most sectors of the U.S. economy. The agency unveiled...more

FTC Open Meeting Focuses on Privacy, Rulemaking Petitions, Acquisitions by Digital Platforms, and Vertical Mergers

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

Spotlight on Antitrust: FTC Open Meeting Reflects Changing Tide

On July 1, the Federal Trade Commission (FTC) held its first open meeting in decades. At the meeting, the FTC adopted the four items on its agenda, all along partisan lines. The Commission rescinded the 2015 Statement of...more

AMG v. FTC: U.S. Supreme Court Ends Key FTC Consumer Protection Enforcement Practice

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

U.S. Supreme Court May End Key FTC Consumer Protection Enforcement Practice

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

Director of FTC’s Consumer Protection Bureau Gives Guidance on Consumer Protection Risks Associated with AI and Algorithms

These days, most companies are focused on the myriad of legal, health and safety, and financial issues caused by COVID-19. While the firm is actively monitoring these issues, we also want to keep you abreast of other...more

EU Privacy Regulators Issue Draft Guidelines on Connected Vehicles and Mobility Applications

On February 7, 2020, the European Data Protection Board (EDPB) published draft guidelines on the processing of personal data in the context of connected vehicles and mobility related applications. If adopted in their current...more

Data Brokers Must Register with California Attorney General by January 31

Given Broad Definitions, the Law Could Apply to Businesses That Do Not Consider Themselves Data Brokers - While amending the California Consumer Privacy Act of 2018 (CCPA) last term, the California legislature also passed...more

California Consumer Privacy Act (CCPA): First of Six Public Forums Soliciting Concerns and Questions

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 Impact of Brexit on Data Protection Law and Your Business

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

California Enacts Sweeping Privacy Law to Avert Potential Ballot Measure

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

Eleventh Circuit LabMD Decision Significantly Restrains FTC's Remedial Powers in Data Security and Privacy Actions

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

"Two Cops On the Beat Is Nothing Unusual": Ninth Circuit Reverses Panel Decision, Rules FTC Act's "Common Carrier" Exemption is...

On February 26, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an en banc decision in FTC v. AT&T holding that the Federal Trade Commission (FTC) Act’s “common carrier” exemption is activity-based, reversing the...more

European Court of Justice Dismisses Privacy Class Action Against Facebook but Allows Max Schrems to Sue in Austria

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

To Disclose or Not To Disclose: The FTC’s Dueling Concurrences over Deceptive Omissions in Lenovo

On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo, Inc., regarding the company’s practice of pre-loading advertising software on its...more

Sears Petitions FTC to Reopen and Modify 2009 Order Concerning Online Browsing Tracking

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

European Court of Justice to Rule on Validity of Standard Contractual Clauses

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

Lenovo Settles FTC Charges Regarding Pre-Installed Software That Compromised Consumers' Cybersecurity and Privacy

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

New EU e-Privacy Regulation: European Parliament Committee Publishes Draft Report

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

The Life Sciences Report - Summer 2017

Factoring in Human Factors - According to a recent British Medical Journal research report, the mean rate of death from medical error in U.S. hospitals is estimated to be over 251,000 people per year. Though many medical...more

WSGR FinTech Update - March 2017

Wilson Sonsini Goodrich & Rosati is pleased to introduce the first in a series of monthly updates from the FinTech practice. The purpose of the updates is to provide timely information on issues of interest to WSGR’s FinTech...more

W-2 Phishing Scammers Are Targeting Tech Companies

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

FCC Orders Far-Reaching New Privacy and Data Security Rules

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

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