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President Obama’s Proposed Privacy Bill of Rights - Part 3: Who’s Covered

This week we have brought you a multi-part series analyzing the Obama administration’s proposed Consumer Privacy Bill of Rights, which would require greater transparency by businesses in their privacy practices, and grant...more

Net Neutrality: Fatal Regulation or Neutral Impact?

On February 26, 2015, the Federal Communications Commission (FCC) voted to adopt its Open Internet Order (Order). The Order reclassifies both wired and mobile “broadband Internet access service” as a “telecommunications...more

Consumer Privacy Bill of Rights Act - A Mixed Bag

Late last week, President Obama released a “discussion draft” of the Administration’s long awaited Consumer Privacy Bill of Rights Act. At first blush, the results are a mixed bag: some good, some not so good, much work...more

President Obama’s Proposed Privacy Bill of Rights - Part 2: Notice, Consumer Control, and Context

Part 2: Notice, Consumer Control, and Context - Yesterday we brought you the first part in DWT’s series analyzing the Obama Administration’s proposed Consumer Privacy Bill of Rights, which would require greater...more

FTC and New York AG File Joint Suits Against Debt Collectors

On February 26, the FTC and the New York State Attorney General announced joint lawsuits to cease certain practices of two debt collection operations based in upstate New York. The complaints allege that the defendants...more

The Consumer Privacy Bill of Rights Redux

On February 27, 2015, the Obama White House released an “Administration Discussion Draft” of its Consumer Privacy Bill of Rights Act of 2015 (Proposed Consumer Privacy Act). ...more

Supreme Court Limits Protectionism by State Healthcare Licensing Boards - Boards Comprised of Active Medical Providers Are Not...

The United States Supreme Court’s recent decision in N.C. State Bd. of Dental Examiners v. Federal Trade Commission, No. 13-534, 2015 WL 773331 (S.Ct. February 25, 2015) makes clear that the anticompetitive actions of state...more

FTC Merger Review Likely to Incorporate Analysis of Privacy Issues

The Federal Trade Commission (FTC or the Commission), along with the U.S. Department of Justice, can challenge mergers it believes will result in a substantial lessening of competition – for example through higher prices,...more

What Your TV Wouldn’t Tell You and Your Fridge Didn’t Know: FTC Best Practices for Consumer-Facing IoT Devices

On January 27, the Federal Trade Commission (FTC) issued an FTC staff report titled “Internet of Things: Privacy & Security in a Connected World” (Report). The Report summarizes the FTC’s November 2013 workshop on the privacy...more

Free Apps might be misleading

Distributors of free Apps shall comply with stringent transparency obligations following an investigation from the Italian competition authority....more

Ninth Circuit Court of Appeals Nixes Hospital System Acquisition of Physician Practice Group: Preserving Competition Trumps Better...

On February 10, 2015, the United States Court of Appeals for the Ninth Circuit (which covers Idaho, Montana, Oregon, Washington, California, Nevada, Alaska, Hawaii and Arizona) ordered St. Luke’s Health System, Ltd. (“St....more

President Obama’s Proposed Privacy Bill of Rights, Part 1: Personal Data, De-Identification, and Retention Requirements

On Friday, Feb. 27, the Obama administration unveiled a proposed Consumer Privacy Bill of Rights that would require businesses to be more transparent in privacy practices, and provide individuals certain rights aimed at...more

Supreme Court Strikes Down State Professional Boards’ Antitrust Immunity

In a ruling with significant implications for state professional licensing boards and their members, on February 25, 2015, the United States Supreme Court found that practitioner-controlled state boards do not have inherent...more

Advertising Law - February 2015 #4

“Big Data” Mergers Should Trigger Regulatory Investigation, Groups Say - The Federal Trade Commission should take a closer look when companies with “big data” consolidate or merge, consumer groups recently...more

White House Releases Revised Consumer Privacy Bill of Rights

On Friday, February 27, 2015, the White House released a revised version of its 2012 proposal for a consumer privacy bill of rights. The revised legislative proposal largely tracks with the 2012 proposal in that it focuses on...more

New York Court Gives Final Approval to $58.5 Million Music Licensing Settlement

On February 19, 2015, the District Court for the Southern District of New York issued final approval of a $58.5 million settlement between performing rights society SESAC (Society of European Stage Actors and Composers) and...more

White House Releases Draft Consumer Privacy Bill of Rights

Friday, the Obama Administration released a draft Consumer Privacy Bill of Rights Act, aimed at establishing baseline protections for individual privacy in the commercial world. If enacted, the bill would preempt state law...more

Competition and Regulation Update: Health Sector Under ACCC Spotlight In 2015

ACCC ENFORCEMENT PRIORITIES - The Australian Competition and Consumer Commission (ACCC) has released its enforcement priorities for 2015, with the Chairman of the ACCC giving a speech on the topic last week. Each year,...more

FTC Commissioner Wright Calls for Vote on Section 5 Guidelines

FTC Commissioner Joshua Wright, during yesterday’s keynote speech at BakerHostetler’s Section 5 Symposium, announced his plan to call for the FTC Commissioners to vote on three proposed definitions of Section 5’s “unfair...more

FTC Director Jessica Rich Discusses Privacy and Data Security at BakerHostetler Symposium

On February 26, 2015, Jessica L. Rich, Director of the Bureau of Consumer Protection at the Federal Trade Commission, spoke at the BakerHostetler Symposium on Section 5 of the FTC Act on how the FTC approaches privacy and...more

Supreme Court Finds that Regulatory Boards Composed of “Active Market Participants” are Subject to Antitrust Laws if Not Actively...

Yesterday, the Supreme Court issued its ruling in North Carolina State Board of Dental Examiners v. FTC, finding that North Carolina’s state board of dental examiners was subject to antitrust scrutiny under the Sherman Act...more

FTC Issues New Guidance for Mobile App Developers that Collect Location Data

A mobile app that collects users’ location data while the mobile app is not in use should clearly disclose such practices and provide users with choices. Failure to do so could give rise to an FTC claim of deceptive...more

FTC Fails to Prove Green Guides' Meaning of "Biodegradable"

In an Initial Decision announced February 6, 2015, Chief Administrative Law Judge D. Michael Chappell of the Federal Trade Commission (“FTC”) held that ECM BioFilms, Inc. d/b/a Enviroplastics International (“ECM”) made false...more

Supreme Court rules that state professional boards must be actively supervised to avoid federal antitrust scrutiny

The U.S. Supreme Court, on February 25, 2015, reaffirmed that state professional boards controlled by same-profession individuals which are not "actively supervised" do not enjoy Parker v. Brown-based state action immunity...more

Ninth Circuit and Massachusetts Superior Court Release Important Antitrust Decisions

The Ninth Circuit Court of Appeals and a Massachusetts Superior Court each recently released decisions dealing with alleged violations of antitrust prohibitions that implicate a number of important issues surrounding health...more

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