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RadioShack’s Consumer Data: A Highly Scrutinized Asset

Following the Texas Attorney General’s objection to the sale of RadioShack Corporation’s consumer data as an asset in its bankruptcy, 37 other state attorneys general and a large number of other consumer protection entities...more

What’s an Exclusive Territory?

The extent of a franchisee’s territorial rights is the subject of Item 12 of the franchise disclosure document (FDD). One of the questions franchisors must address in Item 12 is whether the territory is exclusive....more

Unfair Business Practices – Hospital’s “Facility Fee” Billed To New Patients

Justin Nolte et al., v. Cedars Sinai Medical Center - Court of Appeal, Second Appellate District (May 21, 2015) - Generally, a business practice is unfair if it violates established public policy or if it is...more

The DOJ’s New Cyber Security Best Practices — Creating a Standard of Care?

On April 29, 2015, the U.S. Department of Justice Computer Crime and Intellectual Property Section (“DOJ”) issued version 1.0 of its “Best Practices for Victim Response and Reporting of Cyber Incidents.” It draws on “lessons...more

[Webinar] Compliance Agility: Managing Privacy in a Dynamic Environment - June 9, 1:00-2:00 pm Eastern

Privacy risk, legislation, and regulation is growing at an exponential rate. Organizations – themselves in constant states of change – are struggling to keep up and fearful because a single organizational change, be it...more

Unfair Contract Terms Laws – Soon to Apply to Small Businesses

On 28 April 2015, the Federal Government released for consultation, draft legislation to extend protection against unfair contract terms to small businesses. When releasing the exposure draft, the Government stated its...more

Federal agencies issue final rule on standards for appraisal management companies

The CFPB along with five other federal agencies have issued a final rule that establishes minimum state registration and substantive requirements for appraisal management companies (AMCs), as required by Section 1473 of the...more

Planning for Breach Notification Requirements in Your Customer Contracts

At the San Francisco “Exchange” Data Privacy and Cyber Security Forum on April 26, a spirited debate arose whether a federal breach notification law will/should be enacted to bring uniformity to the patchwork of breach...more

Impact of FTC's Broadened Scope Creeping In On Your E-Business

For retailers who have eBusiness lines, the Federal Trade Commission’s (“FTC”) new regulations will affect the way you do business. The amendments in 16 C.F.R. §435 went into effect December 8, 2014. Has your business made...more

E-Cigarettes Test Workplace Smoking Policies

E-Cigarettes Test Workplace Smoking Policies by Donald M. Pepe on September 25, 2013 New York and New Jersey both prohibit “smoking” in the workplace. However, the growing popularity of electronic cigarettes poses new...more

Newest Addition To CPSC’s Enforcement Toolbox

Recently, the Consumer Product Safety Commission obtained an unprecedented ruling when Administrative Law Judge Dean Metry granted leave to Craig Zucker in an administrative complaint against Maxfield and Oberton Holdings...more

CPSC Seeks to Hold Former CEO Responsible for Buckyballs® Recall

Last week the Consumer Product Safety Commission (CPSC) obtained an unprecedented ruling when Administrative Law Judge (ALJ) Dean Metry granted leave to name Craig Zucker in an administrative complaint against Maxfield and...more

FDIC to host banker teleconferences on CFPB mortgage rules

The FDIC has scheduled the following three free teleconferences on the CFPB’s new mortgage-related rules for officers and employees of FDIC-supervised institutions... ...more

You are What You Sell

I. Who Are You? (And, do you really want to know?) II. You Are What You … (If I think about a pizza all day long do I become a pizza?) A. Reading B. Hearing C. Thinking D. Measuring (Or, Standardized test scores as a...more

CFPB Examinations And Enforcement

The CFPB is the new regulator on the block. Republicans in Congress continue to try to strangle the CFPB from exercising its legal authorities. The re-election of President Obama ensured that the CFPB will continue to...more

Are New Rules for Gift Cards on the Horizon?

Chances are that you are either gave or received a gift card this holiday season. The National Retail Federation estimates that over 80 percent of shoppers purchased at least one gift card in 2012, and sales of gift cards are...more

Bank Acquistion & Fair Lending

An analysis of how to avoid and/or contain potential fair lending liability when acquiring a bank. Written by Frances Floriano Goins, Richik Sarkar, and Gregory Stein....more

Trust in On-Line Advertising

It’s no surprise that people trust online reviews from consumers more than traditional advertisements. After all, advertisements are created by the company selling a product of service, whereas third party reviews are by...more

How a claim can be correct but breach the law

The Consumer Law Reform Bill will introduce a prohibition on making unsubstantiated claims into the Fair Trading Act. In practice, this means that all claims about your products (that a reasonable person would expect to be...more

Solar Power Purchase Agreements: Tips and Tricks Part 1

Solar power panels on residential rooftops are an increasingly common sight these days. But the legal mechanics behind the development and delivery of solar power to consumers can be complex. There are several alternative...more

Governor Signs New Law On Disability Access Complaints

California has been a haven for plaintiffs’ attorneys suing for ADA (American With Disabilities Act) violations because of existing law that provided up to $4000 in statutory damages, along with attorneys fees for every...more

Proposed “Safer Consumer Product Regulations”

Draft regulations regarding toxic substances in consumer products were issued for comment by the California Department of Toxic Substances Control (DTSC) on July 27, 2012. Referred to as the “Safer Consumer Product...more

Subscription Business Models May Raise Revenue, But Also Holds Privacy And Security Risks

These days everyone subscribes to something. Whether you’re a consumer or a business, the goods and services you depend on or enjoy on a regular basis are often available by subscription. Subscribers prefer the low...more

IP UPDATE: ACTA May Need a Second Act

The Internet has created a number of challenges for rights holders and the law. The Anti-Counterfeiting Trade Agreement (ACTA) – a plurilateral agreement that seeks to establish worldwide standards for enforcing Intellectual...more

California Proposes New Law To Deal With Underground Economy

California Senate Bill 1185 (SB 1185) is a new effort aimed at the underground economy in the State, estimated to be valued at between $60 billion and $140 billion each year. Underground transactions prevent the State from...more

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