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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

ITC Affirms Trade Secret Violation Against Chinese Company For Stealing U.S. Rubber Resin Trade Secrets, Imposes 10-Year Import...

The U.S. International Trade Commission has upheld an Administrative Law Judge’s determination that a Chinese company misappropriated its U.S. competitor’s rubber resin trade secrets, and has banned it from importing its...more

October 2013: International Trade Commission Update - ITC Unveils New Pilot Program Aimed at Early Resolution of 337...

The United States International Trade Commission recently unveiled a new pilot program aimed at faster, less expensive resolution of 337 investigations. As part of the pilot program, the Commission “will identify, at...more

With Complaint Against LabMD, FTC Continues to Flex Enforcement Muscle on Data Security

The Federal Trade Commission recently filed another complaint against a company for alleged data security lapses. As readers of this blog know, the FTC has initiated numerous lawsuits against companies in various industries...more

Book Review: The Global Limits of Competition Law (Global Competition Law and Economics Series, Stanford University Press)

This European Competition Law Journal article reviews "The Global Limits of Competition Law," edited by Ioannis Lianos and D. Daniel Sokol. It is the first book in the Stanford University Press Series, Global Competition Law...more

FTC’s Authority to Police Data Security Practices Challenged

Hotelier Wyndham Worldwide Corp’s motion to dismiss an FTC lawsuit alleging lax data security practices is likely to have significant implications for the agency’s ability to police cybersecurity practices at American...more

New FTC Commissioner Prioritizes Transparency in Enforcement

New Federal Trade Commission Commissioner Joshua D. Wright explained at a recent ABA Antitrust Meeting that his top priorities were to develop a more transparent and evidence-based approach to FTC Section 5 enforcement and to...more

ITC Section 337 Update - April 15, 2013

Commission Notice In 874 Investigation Directing Early Determination Whether NPE Complainant Satisfied Domestic Industry Requirement – On March 22, 2013, the Commission issued a Notice instituting Certain Products...more

High court scales back antitrust exemption

This Daily Journal article analyzes the United States Supreme Court decision of Federal Trade Commission v. Phoebe Putney Health System, Inc, which held that a state's grant of general corporate powers to government entities...more

Khasin v. Hershey: Unduly Narrowing the Preemptive Scope of Pom Wonderful

As we have briefly explored, the Ninth Circuit has broadly construed Buckman implied preemption of state law claims pertaining to food, drugs, and medical devices, which are regulated under the federal Food, Drug, and...more

EU Commission Can Bring Follow-On Actions for Damages on Behalf of the European Union in Cartel Cases

On 6 November 2012, the Court of Justice of the European Union (CJEU) ruled that the European Commission was entitled to represent the European Union in an action for damages before national courts. The CJEU ruled that the...more

POM Loses a Round in Its Advertising Dispute With FTC, But Battle Continues

POM Wonderful LLC recently received a setback in its longstanding dispute with the Federal Trade Commission. On Sept. 30, 2012, U.S. District Judge Richard Roberts in the District of Columbia dismissed the juice maker’s...more

New FTC Rules Address Electronically Stored Information and Privilege Issues

The Federal Trade Commission (FTC) promulgated revised rules concerning its investigative procedures, which take effect on November 9, 2012. Several changes concern the treatment of electronically stored information (ESI) and...more

In Agricultural Regulation, A "Flawed Rate" is Not a "Filed Rate" For Damage Purposes

Notwithstanding the general applicability of the Filed Rate Doctrine, the Ninth Circuit recently held that it does not necessarily bar producer class actions for overcharges. Whether a given rating authority has “rejected” a...more

ITC's Section 337 Proceedings Pique Congressional Interest

The U.S. House, Senate and even a lone congressman are investigating changes to the U.S. International Trade Commission's (ITC) Section 337 proceedings. The U.S. House Judiciary Committee held a hearing on July 18, 2012,...more

In Time for Bikini Season, Kardashians Face Lawsuit Over Endorsement of Diet Aids

Kim Kardashian, the reality star, is accustomed to the public eye, but now she faces a lawsuit that may not bring her good publicity at all. Along with her sisters Khloe and Kourtney, Kim has been named as a defendant earlier...more

ECJ Rules Access to Documents Can Be Denied on Basis of General Presumption That Disclosure Undermines Merger Control Proceedings

There is a general presumption that the grant of public access to documents relating to merger control proceedings would undermine the purpose of those proceedings. The Commission does not therefore have to carry out an...more

Private enforcement: An overview of EU and national case law

2011 marked the ten year anniversary of the seminal Courage v. Crehan ruling of the Court of Justice, so it seems appropriate to take stock. In the last ten years there have been a lot of developments, indeed, a true...more

Sixth Circuit Uses Some Old Supreme Court Cases To Give Robinson-Patman Act New Life

In Williams v. Duke Energy International, Inc., No. 10-3604 (6th Cir. June 4, 2012), the Sixth Circuit rejected a Rule 12(b)(6) challenge to a Robinson-Patman claim against Duke Energy for discriminatory pricing of retail...more

Texas Sues Google for Documents in Anti-Trust Probe

The Texas Attorney General has been investigating whether Google places its own products over competitors in violation of anti-trust rules. The Texas AG had not filed suit yet and technically still has not filed an...more

Fruit Juice Misbranding Claims Lose Their Lanham Act Bite

Food label lawsuits are often exercises in byzantine legal logic. This is so because of the peculiar interplay between preemptive federal food labeling laws and regulations on the one hand and federal and state unfair...more

China's Supreme Court Issues New Rules On Civil Cases Based On Monopolistic Conduct

On May 8, 2012, the Supreme Court of China issued new “Rules on the Application of Law on Civil Cases Concerning Monopolistic Conduct” (the “Rules”). The Rules clarify some of the questions concerning anti-monopoly cases...more

EU General Court Rules European Commission Wrong to Reject Summarily Claimants’ Requests for Access to Investigation Files

In its latest judgment on the issue of access to antitrust investigation files by third party claimants (EnBW Energie Baden-Württemberg v Commission [2012] T-344), the EU General Court has reminded the European Commission...more

Why POM Wonderful Can Celebrate FTC Judge’s Ruling in Advertising Case

Pomegranate juice maker POM Wonderful has declared victory against the FTC . . . in spite of an administrative law judge’s ruling that upholds many claims in the agency’s complaint. But the California company has good reason...more

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