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ALJ Denies LabMD’s Motion for Sanctions Against the FTC

Although the litigation between LabMD and the Federal Trade Commission (FTC) continues in the Eleventh Circuit, an administrative law judge has resolved one battle between the two entities. Chief Administrative Law Judge D....more

Former FTC Regional Director and Court of Appeals Justice Answers What To Do When the FTC Investigates

We like to give you information that helps you stay off the radar of the Federal Trade Commission with posts. But, what do you do if the FTC does investigate? I asked newly-minted Gray Reed & McGraw shareholder Justice Jim...more

Cybersecurity Litigation Monthly Newsletter

As we discussed in July, Tiversa, a “cyber-intelligence” company, notified the FTC in 2009 that a file containing the personal information of about 9,300 LabMD patients was available on a peer-to-peer file sharing network....more

FRB Issues Proposed Rules to Repeal Regulation AA, as Required by Dodd-Frank

On Wednesday, August 27, the Board of Governors of the Federal Reserve System (the “Board”) published in the Federal Register proposed rules and a request for public comment to repeal its Regulation AA (Unfair or Deceptive...more

New Structure of Kazakhstan’s Government

On 6 August 2014 the President of the Republic of Kazakhstan issued Decree on reorganization of the Government (the “Decree”). The Decree envisages integration of ministries or certain authorities of theirs into one...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

Food and Beverage News and Trends

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Citizen petition filed for hummus standard of identity. A citizen’s...more

Industry, Members of Congress Take Action on FTC Process

As the Federal Trade Commission (“FTC”) continues to flex its consumer protection muscles by bringing numerous administrative lawsuits, industry and members of Congress are questioning whether there is a level playing field...more

FDA Regulations on the Horizon for Billion Dollar E-Cigarette Industry

In September, 40 state attorneys general wrote to the U.S. Food and Drug Administration (FDA) asking the agency to take all available measures to issue regulations on the advertising, ingredients, and sale to minors of...more

Has the FTC Met Its Match?

Companies across the Country should be following the Federal Trade Commission’s (“FTC”) civil suit brought against Wyndham Worldwide Corporation and Wyndham Hotels and Resorts, LLC (“Wyndham”) entitled Federal Trade...more

Wyndham Case Challenges FTC’s Authority Over Cybersecurity

Over the past decade the Federal Trade Commission has brought cybersecurity enforcement actions against various private companies, imposing tens of millions of dollars in monetary penalties and requiring companies to maintain...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

FTC Report On Interchange Fees Addresses Community Banks

The Dodd-Frank Wall Street Reform and Consumer Protection Act amended the Electronic Fund Transfer Act, or EFTA, to restrict interchange fees and to prohibit exclusive networks for debit card transactions. The Federal Trade...more

EPIC: Hearing on FTC Nominee Should Address FTC's Settlement Process for Privacy Violations

In a letter to the Senate Commerce Committee, EPIC has recommended that Congress require the Federal Trade Commission to consider more carefully the public's views on proposed privacy settlements. EPIC also recommended that...more

Consumer Prices, Nominal Retail Trade, Real Retail Trade (Italy, 2001-2012)

Tra il Gennaio 2001 e il Settembre 2012, sono poste a confronto le seguenti tre serie: 1) Commercio al dettaglio a valori nominali; 2)Prezzi al consumo (indice armonizzato Europa, HICP); 3) Commercio al dettaglio in...more

Employers Must Update FCRA-Required Forms

The Consumer Financial Protection Bureau (CFPB) has released new regulations requiring employers to update forms mandated by the Fair Credit Reporting Act (FCRA) by January 1, 2013. The changes consist primarily of...more

UK Launches Motor Insurance Market Investigation

The Office of Fair Trading (OFT) has referred the UK’s private motor insurance market to the Competition Commission (CC) for an-depth investigation because it suspects that the market may not be working well for motorists. It...more

New FCRA Forms Take Effect January 1, 2013

Employers must adopt new Fair Credit Reporting Act (FCRA) forms by January 1, 2013, in light of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 shifting FCRA rulemaking authority from the Federal Trade...more

No shortage of enforcement targets for CFPB and FTC

David Vladeck, the Director of the Bureau of Consumer Protection at the Federal Trade Commission, spoke at a program entitled “Applying Long-Standing FTC Standards to New Technology” held this past Friday at the American Bar...more

FTC Submits Staff Comments on CFPB’s Proposed Prepaid Card Regulation

On July 30, the FTC released staff comments submitted in response to the CFPB’s Advance Notice of Proposed Rulemaking regarding the regulation of prepaid cards. The CFPB issued the Notice in May, noting its intention to...more

Native American tribal payday lending continues to spark debate

Native American tribal payday lending is on the radar screens of the CFPB and the FTC, as reflected in recent comments from CFPB Director Richard Cordray and FTC Commissioner Julie Brill. More specifically, the agencies have...more

FTC Affirms Holder in Due Course Rule

On May 10, the FTC released an advisory opinion affirming that the Holder in Due Course Rule does not limit or preclude a consumer’s right to recovery other than to restrict awards to monies paid under a contract. The opinion...more

UK government consults on Radical Proposals to Promote Antitrust Damages Actions

The UK's Department for Business, Innovation and Skills ("BIS") is seeking views on how to boost antitrust damages actions. As stated in the consultation document, "Research by the Office of Fair Trading (OFT) shows that...more

New FTC Report Recommends Changes to United States Privacy Law

On March 26, 2012, the Federal Trade Commission ("FTC") issued its final report on consumer privacy in the United States, entitled Protecting Consumer Privacy in an Era of Rapid Change:Recommendations for Businesses and...more

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