Antitrust & Trade Regulation

Advertising Law -- May 16, 2013

by Manatt, Phelps & Phillips, LLP on 5/17/2013

In This Issue: Linda Goldstein to Provide Insight on FTC’s Dot Com Dislosure Guidance at Upcoming Bloomberg BNA Webinar; “All Natural” False Ad Suits Continue, Stalled; Wake Up! FDA Considers Caffeinated Foods;...more

In re LIBOR-Based Financial Instruments Antitrust Litigation: A Long Road Ahead

by Susan E. Foster | Perkins Coie on 5/17/2013

In a self-described “unexpected” ruling for the defendants in the consolidated LIBOR proceedings, Judge Naomi Reice Buchwald has dismissed the private plaintiffs’ antitrust and Racketeer Influenced and Corrupt Organizations...more

"Eye on Privacy" Newsletter - May 2013

by Wendell Bartnick, Cedric Burton, Caitlin Courtney, Wendy Devine, Tonia Klausner, Anna Pateraki, Tracy Shapiro, Gerard Stegmaier | Wilson Sonsini Goodrich & Rosati on 5/17/2013

In this issue: - FTC Issues New Guidance for Disclosures in Online Advertising - European Regulators Opine on "Purpose Limitation" Principle – What Constitutes "Compatible Use" in the Context of Big Data? -...more

Demystifying European Antitrust Law

by Wilson Sonsini Goodrich & Rosati on 5/17/2013

In the first of a series of WSGR Alerts, the firm's Brussels attorneys outline the European Commission's proposed changes to the antitrust rules on licensing patents, software, know-how, and other intellectual property....more

FTC confirms continued commitment to vigorous enforcement in letter to CFPB

by Barbara S. Mishkin | Ballard Spahr LLP on 5/16/2013

In its annual letter to the CFPB on its 2012 administrative and enforcement activities related to Regulations B (ECOA), E (Electronic Fund Transfers), Z (TILA) and M (Consumer Leasing), the FTC stressed that it is “committed...more

United States Supreme Court Victory for St. Louis-Based Monsanto

by Williams Venker & Sanders on 5/16/2013

The U.S. Supreme Court, in a unanimous opinion, has held in favor of Monsanto on a patent infringement suit arising from the St. Louis-based company's Roundup Ready soybean seeds. Monsanto invented and patented a genetic...more

FTC Rules that “Randomized Clinical Trial” Evidence is Necessary to Support Advertising Claims for Juice Beverage and Related...

by J. Michael Keyes, Suzan Onel | K&L Gates LLP on 5/15/2013

I. Introduction - If you represent food and beverage manufacturers who advertise their products, you will want to be familiar with In the Matter of POM Wonderful LLC, a recent decision by the Federal Trade Commission...more

FCC Clarifies Companies' Liability for Third-Party Marketer TCPA Violations

by Ronald London | Davis Wright Tremaine LLP on 5/15/2013

The Federal Communications Commission (FCC) has issued a long-awaited declaratory ruling governing when a company is liable under the Telephone Consumer Protection Act (TCPA), and FCC telemarketing and autodialing rules, for...more

FTC Approves Order Settling Data Breach Charges

by BuckleySandler LLP on 5/15/2013

On May 3, the FTC approved a final order settling charges against a California-based cord blood bank firm alleged to have violated the FTC Act by failing to use reasonable and appropriate procedures for handling customers’...more

Federal Legislation Introduced Regarding Mobile Application Privacy

by Allison Dodd, Daren M. Orzechowski | White & Case LLP on 5/15/2013

On May 9, 2013, Georgia Congressman Hank Johnson introduced the Application Privacy, Protection and Security Act of 2013 (the "Apps Act"), a bill "[t]o provide for greater transparency in and user control over the treatment...more

July 1 COPPA Compliance Deadline is Approaching

by Julia Siripurapu | Mintz Levin - Privacy & Security on 5/15/2013

Today, the FTC sent more than ninety (90) “educational” letters to domestic and foreign businesses whose Web sites and online services (including mobile apps) appear to collect personal information from children that are 12...more

FTC Annual Letter to the CFPB

by Brian J. Hurh | Davis Wright Tremaine LLP on 5/15/2013

The FTC recently released its annual letter to the CFPB on recent FTC enforcement actions related to the Truth in Lending Act, the Consumer Leasing Act, the Electronic Fund Transfer Act, and the Equal Credit Opportunity Act....more

Weekly eDiscovery Top Story Digest - May 15, 2013

by Rob Robinson on 5/15/2013

Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and...more

NC Governor Signs Law Banning Most Favored Nations Provisions in Health Care Contracts

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 5/14/2013

Despite opposition and Blue Cross Blue Shield of North Carolina’s claim that it “has not used ‘most favored nation’ clauses in [its] new contracts and in fact [they are] not part of our strategy to use those clauses on...more

FTC Denies Requests to Extend Effective Date for COPPA Rule Revisions

by Ronald London | Davis Wright Tremaine LLP on 5/14/2013

The FTC has voted to retain the July 1, 2013 effective date for the revisions to its Children’s Online Privacy Protection Act (COPPA Rule), shortly after issuing revised “Frequently Asked Questions” (FAQs) to aid compliance...more

License to travel: how regulation is benefiting business abroad [Video]

by Reed Smith on 5/14/2013

Our Business Across Borders report series, written by The Economist Intelligence Unit, investigates the biggest issues facing global business. The first of five reports and video commentary, Licence to travel, examines the...more

California Court of Appeal Allows Injunction Under Unfair Competition Law To Prevent Horizontal Competitor From Diverting Business...

by Thomas Nevins | Sheppard Mullin Richter & Hampton LLP on 5/14/2013

For many years, California’s Unfair Competition Law had no traditional standing requirements. But since the passage of Proposition 64 in 2004, standing has been required, and standing continues to be litigated regularly. In...more

OCC, FDIC Announce Overdraft Enforcement Actions

by BuckleySandler LLP on 5/13/2013

On April 30, the OCC and the FDIC announced parallel enforcement actions against a national bank and an affiliated state bank to resolve allegations that the institutions violated Section 5 of the FTC Act in their marketing...more

Four Key Board Responsibilities for Monitoring Risk and Compliance

by NAVEX Global on 5/13/2013

Introduction: High Pressure Regulatory Environment - Now more than ever, there is increased regulatory pressure on organizations – and their Boards of Directors – to create and maintain effective ethics and compliance...more

The Compliance Stepchild: Antitrust

by Michael Volkov on 5/13/2013

Let’s try and put this all in perspective. Last fiscal year, the Antitrust Division collected over $1 billion in criminal fines and sent a number of senior executives to prison. ...more

The FTC Weighs in on Recent State Efforts to Promote/Hinder Healthcare Competition From APRNS

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 5/10/2013

In recent years, the Federal Trade Commission (FTC) frequently has commented on state efforts to either expand or restrict competition faced by doctors from advanced practice registered nurses (APRNs). Generally speaking,...more

Trade Secret “Watch List”: Bill Would Establish Monitoring List Of Countries Engaging In Cybertheft, And Make U.S. Intelligence...

by Robert Isackson | Orrick - Trade Secrets Group on 5/10/2013

Here’s another sign of the rising urgency of trade secret theft as a national security issue: the Chairman of the Senate Armed Services Committee wants the head of the nation’s intelligence bureaucracy to track countries that...more

FTC Confirms Expanded Kids Privacy Rule Effective Date Is July 1, 2013: Online Advertisers and Services Displaying Ads among...

by Wilson Sonsini Goodrich & Rosati on 5/10/2013

The Federal Trade Commission (FTC) unanimously voted this week to keep July 1, 2013, as the effective date for the amended Children's Online Privacy Protection Rule (COPPA Rule).1 The COPPA Rule applies to operators of...more

Advertising Law -- May 09, 2013

by Manatt, Phelps & Phillips, LLP on 5/9/2013

Harsh Criticism for Ad Industry Over DNT - The advertising industry faced harsh criticism at a hearing held by Sen. Jay Rockefeller (D-W.V.). He addressed the implementation of a federal Do Not Track program and...more

FTC’s revised COPPA rules go into effect July 1, 2013

by Thompson Coburn LLP on 5/9/2013

On May 6, 2013, the FTC unanimously decided that the revised Children’s Online Privacy Protection Act (COPPA) will go into effect on July 1, 2013, as announced last December. Several industry organizations had asked the...more

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Antitrust & Trade Regulation Updates

Advertising Law -- May 16, 2013

In re LIBOR-Based Financial Instruments Antitrust Litigation: A Long Road Ahead

"Eye on Privacy" Newsletter - May 2013

Demystifying European Antitrust Law

FTC confirms continued commitment to vigorous enforcement in letter to CFPB

United States Supreme Court Victory for St. Louis-Based Monsanto

FTC Rules that “Randomized Clinical Trial” Evidence is Necessary to Support Advertising Claims for Juice Beverage and Related...

FCC Clarifies Companies' Liability for Third-Party Marketer TCPA Violations

FTC Approves Order Settling Data Breach Charges

Federal Legislation Introduced Regarding Mobile Application Privacy

July 1 COPPA Compliance Deadline is Approaching

FTC Annual Letter to the CFPB

Weekly eDiscovery Top Story Digest - May 15, 2013

NC Governor Signs Law Banning Most Favored Nations Provisions in Health Care Contracts

FTC Denies Requests to Extend Effective Date for COPPA Rule Revisions

License to travel: how regulation is benefiting business abroad [Video]

California Court of Appeal Allows Injunction Under Unfair Competition Law To Prevent Horizontal Competitor From Diverting Business...

OCC, FDIC Announce Overdraft Enforcement Actions

Four Key Board Responsibilities for Monitoring Risk and Compliance

The Compliance Stepchild: Antitrust

The FTC Weighs in on Recent State Efforts to Promote/Hinder Healthcare Competition From APRNS

Trade Secret “Watch List”: Bill Would Establish Monitoring List Of Countries Engaging In Cybertheft, And Make U.S. Intelligence...

FTC Confirms Expanded Kids Privacy Rule Effective Date Is July 1, 2013: Online Advertisers and Services Displaying Ads among...

Advertising Law -- May 09, 2013

FTC’s revised COPPA rules go into effect July 1, 2013

License to travel: how regulation is benefiting business abroad [Video]

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