Antitrust & Trade Regulation

FTC Solicits Input on Possible Ban of Payment Methods Preferred by Fraudsters

by Peter Luce | Davis Wright Tremaine LLP on 5/22/2013

The Federal Trade Commission (“FTC”) announced today that it is seeking public commentary on proposed changes to the Telemarketing Sales Rule (“TSR”) that would ban the use of the following types of payments by telemarketers...more

United States International Trade Commission Amends Rules Concerning Discovery in Section 337 Investigations

by Wilson Sonsini Goodrich & Rosati on 5/22/2013

The United States International Trade Commission (ITC) on May 15, 2013, issued a notice amending Rule 210.27 of its Rules of Practice and Procedure in Section 337 investigations. The amendments go a long way in attempting to...more

District Court Judge Enjoins Standards-Essential Patent Owner From Enforcing ITC Exclusion Order

by Christopher Higgins, Jay Jurata, T. Vann Pearce, Jr., Matthew Poppe | Orrick, Herrington & Sutcliffe LLP on 5/22/2013

In a growing body of legal authority regarding standards-essential patents (SEPs), Northern District of California Judge Ronald Whyte ruled Monday that an owner of SEPs violated its licensing commitments by initiating a U.S....more

FTC Sends COPPA Update Educational Letters

by BuckleySandler LLP on 5/22/2013

On May 15, the FTC announced that it sent letters to businesses to help them comply with new requirements under the revised Children’s Online Privacy Protection Act (COPPA) rule....more

Cannot Say Enough – Customs' Enforcement Efforts – Antidumping And Countervailing Duty Laws

by F. Gordon Lee | Nossaman LLP on 5/22/2013

In September 2011 we published an article entitled Enforcement of Antidumping and Countervailing Duties – Know the Products You Import. ...more

LIBOR Going Forward: How Will Dismissal of Antitrust Claims Effect Investigations and Private Claims?

by Bill Devinney | BakerHostetler on 5/22/2013

We recently wrote about the dismissal of the plaintiffs’ antitrust claims against banks involved in the LIBOR manipulation scandal for failure to allege an antitrust injury. Since that dismissal, the court has granted...more

TM Owners Beware: Potential IP Scammers Are In Our Midst

by Deborah Peckham | Burns & Levinson LLP on 5/22/2013

There are few things more annoying than the feeling that you have been duped into paying for something that you neither need nor want. IP owners, and particularly trademark owners, are common targets for scammers seeking to...more

Weekly eDiscovery Top Story Digest - May 22, 2013

by Rob Robinson on 5/22/2013

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

New SEC Identity Theft Red Flag Regulations Call Attention to Investment Advisers

by Charles Hertlein, Jr. | Dinsmore & Shohl LLP on 5/21/2013

It is probably fair to say most registered investment advisers, at least those below a certain size, did not pay a great deal of attention to the anti-identity theft, or “red flag” rules jointly adopted by the Federal Trade...more

French Autorité de la Concurrence Fines Sanofi €40.6 Million for Denigrating Competing Generics"

by Simon Baxter, Frederic Depoortere, Ingrid Vandenborre, James Venit | Skadden, Arps, Slate, Meagher & Flom LLP on 5/21/2013

On May 14, 2013, the French Autorité de la Concurrence (Autorité) issued a decision imposing a fine of €40.6 million on French company Sanofi-Aventis France (Sanofi) for an abuse of dominance in the market for the...more

DOJ Issues Rare Unfavorable Business Review Letter Regarding Patent Licensing Pools

by Shylah R. Alfonso, Jacqueline Young | Perkins Coie on 5/21/2013

On March 26, 2013, the U.S. Department of Justice (DOJ) issued a rare negative business review letter declining to approve a plan by Intellectual Property Exchange International Inc. (IPXI) to offer a financial exchange for...more

Beyond Privacy Policies: Practical Privacy For Web Sites And Mobile Apps

by Anne Davies Newman | Pepper Hamilton LLP on 5/21/2013

In this environment of growing attention to the risks of data security breaches, and in the midst of an explosion of mobile applications that make data storage an increasingly far-flung proposition, many organizations assume...more

ITC Section 337 Update - May 15, 2013

by King & Spalding on 5/20/2013

Federal Circuit Affirms Commission Determination That Litigation Activities Unrelated To Licensing Do Not Satisfy Domestic Industry – On May 13, 2013, the Federal Circuit affirmed a January 2012 Commission determination that...more

Advertising News & Analysis - May 16, 2013

by Maggie Grace, Jeffrey D. Knowles, Amy Ralph Mudge, Gregory J. Sater, Randal M. Shaheen | Venable LLP on 5/20/2013

In this issue: - FTC vs. POM Wonderful: Scorched Earth Approach Burns Other Marketers - “New” Claims: There are Rules for Reboots - FTC Calls Stakeholders Together for Roundtable on Mobile...more

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

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