Communications & Media Law, Civil Procedure, Antitrust & Trade Regulation

A Q&A With Jeff Ifrah on the FTC’s Latest Draconian Tactics

by Jeff Ifrah on 4/23/2013

Some lawyers who deal regularly with the Federal Trade Commission in investigations of allegedly false and deceptive online advertising have noticed that the agency is beginning to take steps in these investigations that are...more

Federal Court in Manhattan “Likes” Service of Process via Facebook

by Madeleine Hensler | Morrison Foerster - Social Media on 4/10/2013

On March 7, 2013, a federal court in Manhattan ruled, in Federal Trade Commission v. PCCare247 Inc., that service via Facebook is an acceptable alternative means of serving court documents on foreign defendants. Although this...more

Federal Judge Orders Service of Process through Facebook

by Alan Pate | BakerHostetler on 4/5/2013

In March, Judge Paul Engelmayer of the Southern District of New York ordered service of process on several international defendants through novel means—Facebook. ...more

Supreme Court Raises The Bar For Class Actions

by Fisher & Phillips LLP on 3/28/2013

Today the U.S. Supreme Court rendered a pivotal decision, holding that as a prerequisite for certification of a class action, a plaintiff must introduce admissible evidence to show that the case is susceptible to awarding...more

"Supreme Court Reverses Massive Antitrust Class Action Against Comcast"

by Brian Baggetta, John Beisner, Jessica Miller, Michael Scudder | Skadden, Arps, Slate, Meagher & Flom LLP on 3/28/2013

On March 27, 2013, the U.S. Supreme Court, by a vote of 5-4, reversed a sprawling class action encompassing more than 2 million current and former Comcast subscribers who alleged violations of federal antitrust laws. See...more

Consumer Products Settlements Containing Cy Pres Distributions Receiving Increased Scrutiny

by Nicole Skolout | BakerHostetler on 3/27/2013

In a recent decision, In re Baby Products Antitrust Litigation, 2013 U.S. App. LEXIS 3379 (3d Cir. Feb. 19, 2013), the Third Circuit vacated the district court’s order approving a $35.5 million class action settlement which...more

Is the FTC Decision in POM Wonderful a Game Changer? Only Time (and a Pending Appeal) Will Tell

by Alexis Amezcua | Morrison & Foerster - Private Surgeon... on 3/22/2013

The saga of POM Wonderful, and the ongoing fight over its advertising, is a topic we have covered quite a bit on this blog. While the consumer class action involving POM was recently dismissed, a recent decision by the...more

POM Appeals FTC Final Order Regarding Deceptive Claims

by Fuerst Ittleman David & Joseph, PL on 3/20/2013

As we previously reported, on May 17, 2012, an FTC Administrative Law Judge (“ALJ”) held in an Initial Decision that POM Wonderful LLC’s (“POM“) claims that its products can treat, prevent, or reduce the risk of heart...more

Advertising News & Analysis - March 7, 2013

by Thomas Gilbertsen, Todd A. Harrison, Jeffrey D. Knowles, Erin Seder | Venable LLP on 3/11/2013

In this issue: - Obama Nominates Ramirez to Lead FTC - FDA Warning Letter Makes Shout-Out to Facebook - Supreme Court’s Amgen Ruling: What it Means for Consumer Class Actions - Upcoming...more

The Greatest Blog Post About Deceptive Advertising Ever Written*

by Travis Crabtree | Looper Reed & McGraw, P.C. on 3/11/2013

Sometimes, I like to talk basics and this time it’s something as basic as “tell the truth.” I’ve never had a client come to me and say, “I would like to lie as much as possible in my advertising, can you help me?” It’s never...more

Ninth Circuit Clarifies Extraterritorial Reach of California Antitrust Laws

by Robert G. Kidwell, Evan Nadel, Harvey Saferstein | Mintz Levin - Antitrust on 2/25/2013

In AT&T Mobility LLC v. AU Optronics Corp., Ninth Circuit Case No. 11-16188 (Feb. 14, 2013), the Ninth Circuit held that California’s antitrust law, the Cartwright Act, could apply to a price fixing conspiracy of LCD panels...more

Advertising Law -- Feb 21, 2013

by Manatt, Phelps & Phillips, LLP on 2/22/2013

In This Issue: Neutrogena Escapes Class Certification; It's Not "Hip" to Steal Contact Info; Leibowitz Leaves the FTC—Who Will Take His Place?; A Court Ruling Wouldn't Be Kosher; California Supreme Court: Some Online...more

Advertising News & Analysis - January 24, 2013

by Kaveri Arora, Edward Boyle, Michael Bracken, Emilio W. Cividanes, Thomas Gilbertsen, Leonard L. Gordon, Stuart P. Ingis, Jeffrey D. Knowles, Randal M. Shaheen, Daniel Silverman | Venable LLP on 1/29/2013

In this issue: - FTC Studies Alcohol Marketing Practices, Prepares Recommendations - FTC’s POM Decision Provides Food for Thought - 10th Circuit Decision Clarifies No ECPA Liability for Behavioral Advertising...more

A Busy Year in Court: Canadian Competition Law in 2012

by Kyle H. Donnelly, Andrew Little | Bennett Jones LLP on 1/23/2013

2012 was a busy year for Canadian competition litigation, as numerous cases were heard or decided. The Supreme Court of Canada heard three class proceedings cases involving the Competition Act and the Competition Tribunal had...more

Advertising News & Analysis - January 10, 2013

by Ellen Traupman Berge, Molly Cusson, Lisa Jose Fales, Thomas Gilbertsen, Jeffrey D. Knowles, Amy Ralph Mudge, Ari Rothman, Randal M. Shaheen | Venable LLP on 1/15/2013

In this issue: - Old Rules Still Apply to New Technologies - NAD Says It Won’t Demur Just Because a Regulator OKs Language - Toys“R”Us Settlement Exposes Dark Side of Refund Policies - Hollister Gift Card...more

End of the Dark Ages? Lawsuits Put Sports TV Blackout Rules to the Test

by Jeremy Lacks | Manatt, Phelps & Phillips, LLP on 1/4/2013

Could the New York Yankees sell the broadcasting rights to their games to cable companies and subscribers in Mississippi? Could a Los Angeles Kings fan living on the East Coast pay to watch a crucial, late-season game live...more

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

by Sedgwick LLP on 12/3/2012

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

Advertising Law -- Nov 29, 2012

by Manatt, Phelps & Phillips, LLP on 12/1/2012

In This Issue: Could Papa John’s be Liable for $250 Million in a Spam Text Suit?; FTC Chair: COPPA Update by End of 2012, Do Not Track Will Take Longer; Calm Down! CSPI Targets Caffeinated Products; Confirmatory Opt-Out...more

Supreme Court May Let Comcast Skate on Monopoly Class Action

by Aaron Kase | Lawyers.com on 11/29/2012

The U.S. Supreme Court this month heard arguments on a case that could have a dramatic impact on consumers’ ability to join forces in class action lawsuits against corporations that violate their rights. In Comcast v....more

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

by Jeff Ifrah on 10/11/2012

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

The State of Information Technology Law - 2012

by Brooks Kushman P.C. on 9/7/2012

I. INTRODUCTION - On September 16, 2011, President Obama signed the Leahy Smith America Invents Act (AIA) (H.R. 1249). The AIA is the most sweeping modification of the Patent Act since 1952. Among the various objects...more

Social Networks and Trade Secret Misappropriation: Can your company’s “friends” list be a trade secret?

by Downs Rachlin Martin PLLC on 8/1/2012

Trade secrets are aspects of your company that, if discovered/used by a competitor, could significantly impact your bottom line or your ability to compete in the marketplace. Recently, a federal court in Colorado held that...more

Advertising News & Analysis - July 26, 2012

by Venable LLP on 7/30/2012

In this issue: - CFPB Turns One, Announces First Enforcement Action - FTC Weighs in on FCC’s Consideration of Mobile “Cramming” - California Announces Privacy Enforcement and Protection Unit - Microsoft...more

Advertising Law -- July 20, 2012

by Manatt, Phelps & Phillips, LLP on 7/23/2012

In This Issue: Manatt Partner Ivan Wasserman Invited to Present at Nutrition Business Journal Summit; Senators Debate Online Self-Regulatory Regime; FTC Releases Report on "Up To" Claims; Update: California Court...more

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

by Jeff Ifrah on 7/6/2012

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

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Communications & Media Law › Civil Procedure › Antitrust & Trade Regulation