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New Jersey Federal Court First To Uphold FTC’s UDAP Authority To Enforce Data Security

On April 7, the U.S. District Court for the District of New Jersey denied a hotel company’s motion to dismiss the FTC’s claims that the company engaged in unfair and deceptive practices in violation of Section 5 of the FTC...more

Advertising News & Analysis - April 17, 2014

In this issue: - Ortiz/Obama Selfie Exposes Social Media's Blurred Lines - DMCA Takedown? Not Without a Registration - Let It Go: A Tale of Assets Unfrozen - Upcoming Events - Excerpt from...more

Federal Court Refuses to Dismiss FTC Data Security Authority

On April 7, 2014, in a landmark decision with broad implications for American businesses, the U.S. District Court for the District of New Jersey upheld the U.S. Federal Trade Commission’s authority to regulate data security...more

How Significant is the Wyndham Case to the US Cybersecurity Legal Landscape?

The security community has been abuzz this week with the US. District Court of New Jersey's April 7 ruling in Federal Trade Commission v. Wyndham Worldwide Corporation, et al. Wyndham had asserted in a motion to dismiss that...more

FTC Data Security Authority Confirmed, For Now: Wyndham’s Motion to Dismiss Denied

The FTC’s Claim - A New Jersey federal judge has confirmed the Federal Trade Commission’s (“FTC”) authority to regulate data security and bring claims against companies suffering data breaches due to inadequate...more

Part II: Fair Notice or No Notice? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data Security

In our first blog in this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp., in which Judge Salas confirmed the FTC’s authority to bring enforcement actions...more

Federal Court Upholds FTC’s Authority To Bring Enforcement Actions Over Data-Security Standards; Will Class Actions Follow?

Already, 2014 has been an eventful year in the world of data breaches and cybersecurity. In addition to a flurry of litigation over high-profile breaches at the start of the year, the National Institute for Standards and...more

Financial Services Law

Court: FTC Can Regulate Payday Lenders Affiliated With Indian Tribes - In what is being hailed by the Federal Trade Commission as a victory for regulators, a federal court judge in Nevada has ruled that the FTC has the...more

U.S. District Court Confirms FTC Authority To Regulate Corporate Data Security Practices

On April 7, 2014, Judge Esther Salas of the U.S. District Court for the District of New Jersey denied the first ever motion to dismiss filed in Federal court that challenged the authority of the Federal Trade Commission (“the...more

Federal Court Holds That FTC May Regulate Company Data Security Practices

In a closely watched and first-of-its-kind case, the U.S. District Court for the District of New Jersey rejected, for purposes of a motion to dismiss, a defendant company’s argument that the Federal Trade Commission (FTC)...more

New Jersey Federal Court Upholds The FTC’s Authority To Regulate Data Security

On April 7, a highly anticipated opinion was issued by New Jersey District Court Judge Esther Salas in a case that will likely have broad implications in the realms of privacy and data security. The case in question is FTC v....more

FTC Found to Have Authority Over Standard for Consumer Data Security by NJ District Court

In a first of its kind opinion, a New Jersey district court holds that the FTC has the authority to set a standard for consumer data security and that it can sue for breach of that standard under its authority to bring...more

Part I: The Elephant Emerges From the Mousehole: The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data...

In support of its motion to dismiss the FTC’s complaint alleging data security deficiencies in violation of Section 5 of the FTC Act, Wyndham Worldwide Corporation cited the Supreme Court’s opinion in Whitman v. American...more

Court Rejects Wyndham’s Challenge to FTC’s Data-Security Enforcement Authority

In June 2012, the Federal Trade Commission (FTC) filed suit under Section 5 of the FTC Act (Section 5) against the Wyndham hotel chain (Wyndham) following a security breach that led to the theft of payment card data for...more

Court Sides with FTC on Sweeping Data Security Role

Executive Summary: Federal Trade Commission v. Wyndham Worldwide Corp. A U.S. District Court has ruled this week that the Federal Trade Commission (FTC) has authority under Section 5 of the FTC Act to bring enforcement...more

ITC Section 337 Update – March 2014

Jury Sets FRAND Rate For And ITC Ends Investigation Into LSI/Agere Wi-Fi Patents – On February 26, 2014, a Northern District of California federal jury reached a Verdict in Realtek Semiconductor v. LSI and Agere, Case...more

District of New Jersey Finds Settlement Without Reverse Payment Is Not Subject To Anti-Trust Scrutiny

On January 24, 2014, in In re Lamictal Direct Purchaser Antitrust Litigation, No. 12-cv-995, 2014 U.S. Dist. LEXIS 9257 (D.N.J. Jan. 24, 2014), Senior District Judge William H. Walls dismissed a putative, antitrust-class...more

ITC Now Requires Satisfaction of the “Technical Prong” for Licensing-Based Domestic Industries - Certain Computers and Computer...

Reversing course from longstanding practice, the U.S. International Trade Commission (ITC or Commission) has held that proof of “articles protected by the patent” (i.e., a technical prong) is now required for satisfaction of...more

Federal Court Finds Actavis Applies Only To Settlements Involving Monetary Payments

A United States district court judge sitting in the District of New Jersey has held that only patent litigation settlements involving monetary payments from branded to generic pharmaceutical manufacturers are subject to the...more

"Intellectual Property and Technology: Patent Issues to Watch in 2014"

With key provisions of the America Invents Act (AIA) taking effect and a host of controversial U.S. Supreme Court decisions, 2013 was another active year for intellectual property law. Big cases and big changes will continue...more

Advertising News & Analysis - January 23, 2014

In this issue: - Former BCP Director Discusses how FTC Picked its Fights - Court Pierces the Veil on Anonymous Online Reviews - FTC Finds Green Diaper Claims Don’t Hold Water - A Warning Letter is...more

Give It Back! Disgorgement – Another FTC Arrow against Reverse-Payment Settlements that Delay Generic Entry

If the uncertainty that the Supreme Court’s Actavis decision injected into the world of reverse-payment settlement litigation wasn’t enough to get your attention, then the FTC’s recent effort to obtain disgorgement from...more

Regulatory Risk: Pharmaceutical sector — clarification on approach to market definition for prescription medicines

SUMMARY - A decision handed down by the UK Court of Appeal earlier this month provides useful guidance on the correct approach to defining the market in relation to pharmaceutical products. The Court of Appeal held...more

Clearance: Proskauer's Quarterly Antitrust Update - Fall 2013

In Federal Trade Commission v. Actavis, Inc., the Supreme Court, in a 5-3 decision written by Justice Breyer, reversed the Eleventh Circuit's dismissal of an FTC complaint under Section 5 of the Federal Trade Commission...more

Defendants' Oppose Myriad's Motions to Dismiss Antitrust Counterclaims

In responding to Myriad Genetics' complaint for patent infringement, both Ambry Genetics and Gene-by-Gene asserted counterclaims under the Sherman Antitrust Act, predicated on Myriad's filing its patent infringement lawsuit. ...more

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