Civil Procedure Antitrust & Trade Regulation Consumer Protection

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Automotive Bearings Price-Fixing Allegations Survive FTAIA Defense

On August 26, 2014, the Eastern District of Michigan denied a motion by a Japanese manufacturer and its U.S.-based subsidiary (NTN Corporation and NTN USA Corporation) to dismiss the direct and indirect purchaser complaints...more

The Origins of N.C. Gen. Stat. § 75-1.1

Summer is the time for movies about superheroes. Often, after a couple of episodes in a movie franchise come out, the producers make a film about the origins of the protagonist, so the audience can better understand the...more

Second Circuit Clarifies the Use of Legal Presumptions of Consumer Confusion and Injury in Certain Lanham Act Cases

On Tuesday, July 29, the United States Court of Appeals for the Second Circuit “clarified certain aspects of [its] false advertising jurisprudence” and held that, where literal falsity and deliberate deception have been...more

Lanham Act Claims Are Not Precluded by Compliance with the FDCA

POM Wonderful LLC (“POM”) produces and sells a pomegranate-blueberry juice blend. POM brought a Lanham Act suit against Coca-Cola for allegedly marketing one of its juices in such a way that it misled consumers into thinking...more

Advertising Law - August 2014 #2

Cramming It All In: FTC Has a Busy Week Addressing Mobile Cramming - Mobile cramming was on the forefront of the Federal Trade Commission’s agenda recently, with the agency issuing a new report, testifying before...more

When Does Section 75-1.1 Reach Out-of-State Conduct? (Part II of a Two-Part Series)

In yesterday’s post, we discussed the current standards that decide when section 75-1.1 applies to acts outside North Carolina. Those standards raise this question: Do overcharges on goods bought by North Carolina...more

Third Circuit to Consider FTC’s Authority Over Data Security Standards in FTC v. Wyndham

We have written previously about the FTC’s action arising out of the data breach suffered by the Wyndham hotel group, and the company’s petition for permission to pursue an interlocutory appeal regarding the FTC’s use of its...more

An Emboldened FTC: What Does It Mean for a Company’s Cybersecurity Team?

In April, Edith Ramirez, Chairwoman of the FTC, and Julie Brill, FTC Commissioner, tweeted: “Pleased the court recognized @FTC’s authority to hold biz accountable for safeguarding consumer data & look forward to trying this...more

SawStop Dismissal Explained: Opinion Crosscutting SawStop’s Antitrust Lawsuit Released

Judge Claude M. Hilton of the Eastern District of Virginia recently issued a Memorandum Opinion following up on his June 27, 2014 order dismissing the complaint filed against the power tool industry by SawStop, LLC....more

Advertising Law - July 2014 #2

Ninth Circuit Finds No TCPA Vicarious Liability for Taco Bell for Texts Sent By Franchisee - On July 2, 2014, the Ninth Circuit issued an unpublished decision in Thomas v. Taco Bell Corp. that is certain to give heart...more

What is the Scope of the FTC’s Authority When it Comes to Data Security? Wyndham Asks Third Circuit to Consider

In early July, Wyndham Hotels asked the Third Circuit Court of Appeals to decide whether the Federal Trade Commission (FTC) has the authority to oversee corporate data security. Although the FTC has brought dozens of actions...more

Court Certifies Interlocutory Appeal for the FTC v. Wyndham Matter

This blog previously discussed various aspects of the Federal Trade Commission (“FTC”) action filed against Wyndham Worldwide Corp. (“Wyndham”) under Section 5 of the FTC Act, which prohibits “unfair and deceptive acts or...more

Wyndham Seeks Immediate Appeal Over Whether FTC Has Authority To Regulate Data Security

We have written previously about FTC v. Wyndham Worldwide Corp., currently pending in federal district court in New Jersey, and its potential significance for data security class actions. A recent opinion in that case has...more

SawStop Stopped: Judge Dismisses Antitrust Lawsuit Against Table Saw Industry

On June 27, 2014, Judge Claude M. Hilton of the Eastern District of Virginia dismissed the complaint filed against the power tool industry by SawStop, LLC. We previously wrote about this lawsuit and the need for companies and...more

Wyndham Gets Life Preserver in Data Breach Case

New Jersey U.S. District Judge Esther Salas agreed to allow Wyndham Hotels and Resorts LLC to immediately appeal to the Third Circuit a ruling affirming the FTC’s authority to bring data security cases. ...more

Illinois Court Holds Duty to Defend Telemarketing Sales Rule Lawsuit

In its recent decision in North River Ins. Co. v. Guar. Trust Life Ins. Co., 2014 Ill. App. Unpub. LEXIS 736 (Apr. 14, 2014), the Appellate Court of Illinois, First District, had occasion to consider whether an exclusion for...more

Advertising News & Analysis - June 2014 #3

In this issue: - Dan Silverman Provides Analysis of POM Wonderful Decision - Senators to FTC: Knock Off Outlet Knock Offs - Understanding What Just Happened in POM Wonderful v. Coca-Cola -...more

POM Wonderful™ News for Prescription Drug and Device Manufacturers?

Last week, the Supreme Court decided that POM Wonderful™, maker of pomegranate juice, could sue Coca-Cola Company, maker of a blended juice product that included pomegranate and blueberry juices, under the Lanham Act for...more

Lanham Act Claims for Misleading Product Description Can Coexist with FDCA Labeling Regulations, Court Find

A unanimous Supreme Court (8-0, Justice Breyer recusing) ruled on June 12, 2014 in POM Wonderful v. Coca-Cola that one competitor may sue another for unfair competition under the Lanham Act for allegedly false or misleading...more

Opt-Out Antitrust Class Actions—A U.S. Perspective On The Consumer Rights Bill Pending In UK’s Parliament

Will opt-out class actions proposed by the UK Parliament’s Consumer Rights Bill bring the dreaded U.S.-style litigation culture to the United Kingdom? My personal assessment—that of a seasoned American antitrust...more

Advertising Law - June 2014

FTC’s Data Broker Report: Transparency And Consumer Control - Calling for greater transparency and an increase in consumer control, the Federal Trade Commission has released its report on the data broker industry....more

Back Off Business, Cybersecurity Is FTC's Turf Now

On March 7, 2014, U.S. District Judge Esther Salas in New Jersey issued a much anticipated decision rejecting a direct challenge to the Federal Trade Commission’s authority to police corporate cybersecurity practices. Seeking...more

LabMD Attempt to Overturn FTC Decision Declared an Unripe Claim

As far as disputes between administrative agencies and investigated companies, this one has gotten particularly public and ugly. The dispute in question involves the Federal Trade Commission (FTC) and LabMD Inc. (LabMD)...more

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

European Parliament adopts legislation facilitating antitrust damages actions

Today, the European Parliament approved legislation governing antitrust damages actions brought in the national courts of EU Member States. The Parliament’s approval was the last significant hurdle and follows several years...more

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