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Consumer Protection Intellectual Property

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

Advertising Law - April 2017 #3

Amazon, FTC Reach Deal Over In-App Charges - Amazon and the Federal Trade Commission have agreed to drop their appeals in a lawsuit accusing the online retailer of billing consumers for unauthorized in-app charges incurred...more

Craigslist Garners $60 Million Judgment against Radpad in Scraping Dispute

For years, craigslist has aggressively used technological and legal methods to prevent unauthorized parties from violating its terms of use by scraping, linking to or accessing user postings for their own commercial purposes....more

Trump Meets Xi: Will They Talk Cybersecurity?

President Trump has repeatedly claimed that his predecessor was weak on China. But at least with respect to cybersecurity, the facts don’t support that charge. In 2015, “following all-night negotiations,” Robert Silvers...more

Are Your Consumer Contracts Being Invalidated By The Consumer Review Fairness Act?

On March 14, 2017, the Consumer Review Fairness Act (CRFA) will officially invalidate a whole bunch of consumer contract clauses that pertain to online reviews....more

UK Government Launches National Cyber Security Centre

by King & Spalding on

On Tuesday, February 14, 2017, the United Kingdom officially opened its National Cyber Security Centre (“NCSC”). The NCSC, which got off the ground starting last October, will be part of the Government Communications...more

Updated Antitrust Guidelines for IP Licensing Address New Laws, Omit Some Key Areas

by Perkins Coie on

In 1995, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the Agencies) published guidelines that delineated how and when the Agencies would evaluate intellectual property licensing...more

Plain Packaging and Warning Labels—While the WTO is Examining the Legality of Packaging and Labeling Requirements that Prohibit...

by King & Spalding on

There have been several pieces of research recently calling for the use of plain packaging and graphic health warnings, similar to those used on tobacco products, on soft drinks and alcoholic beverages as a means of...more

Keeping those New Year's resolutions just got a little easier in Ontario

by Smart & Biggar on

The Ontario Healthy Menu Choices Act and its Regulations, which became effective January 1, 2017, aims to allow Ontarians to make informed food and beverage choices when eating in a restaurant or purchasing take-away meals. ...more

The New Joint DOJ/FTC Antitrust Guidelines for the Licensing of Intellectual Property

On January 12, 2017, the U.S. Department of Justice and the Federal Trade Commission released updated Antitrust Guidelines for the Licensing of Intellectual Property (the “Guidelines”). These Guidelines replaced those issued...more

Obama Administration Antitrust Enforcers Take Last-Minute IP Licensing Actions

by Holland & Knight LLP on

As the Obama Administration drew to a close, its antitrust enforcers took two actions of note for those involved in intellectual property (IP) licensing. The first, the joint release by the U.S. Department of Justice (DOJ)...more

Bill S-5: Canada Prepares to Introduce Plain and Standardized Packaging for Tobacco Products

by Smart & Biggar on

by: Jennifer Ponton In 2012, Australia became the first country to introduce plain packaging for cigarettes. Several countries have since followed suit, and many more, including Canada, have made commitments to introduce...more

Social Links: Will a fan-made Star Trek prequel live long and prosper?; California bans driving while Snapchatting; apps that...

A federal district court judge refused to grant summary judgment to the copyright owners of the Star Trek franchise in the infringement suit they brought against the team behind a fan-made, crowdfunded prequel to the original...more

United States And Switzerland Reach Data Transfer Agreement

by King & Spalding on

On January 11, 2017, the governments of the United States and Switzerland announced that an agreement had been reached over a Privacy Shield Framework (“Privacy Shield”) that sets out how companies may transfer personal data...more

UK’s Digital Economy Bill: Effectiveness of Age Verification and Copyright Measures Questioned

by Morrison & Foerster LLP on

After its announcement in May 2016, the multi-faceted UK Digital Economy Bill (‘Bill’) has progressed through Parliament and has recently been considered by MPs at the Public Bill Committee stage, during which various...more

Six Ways U.S. Joint Strategic Plan on IP Enforcement Impacts Public Health and Safety

by Faegre Baker Daniels on

On December 12, 2016, the Office of the U.S. Intellectual Property Enforcement Coordinator (IPEC) in the Executive Office of the President issued a much-awaited interagency plan on intellectual property (IP) enforcement. The...more

New DMCA Exemption Allows Consumers to Hack Their Own Vehicles

by White & Case LLP on

White & Case Technology Newsflash In a world in which we will soon see fully-autonomous, self-driving vehicles on the road, the Digital Millennium Copyright Act ("DMCA") appears to have taken at least one major step towards...more

Insurance Recovery Law - November 2016

Asbestos Injury Continuous, Delaware Supreme Court Rules - Why it matters - In the latest ruling in the long running asbestos litigation involving pump manufacturers in Delaware, the state's highest court declared,...more

Dynamic IP Addresses May Qualify as Personal Data

by Morgan Lewis on

In a key decision, the European Court of Justice has ruled that dynamic IP addresses may qualify as personal data in certain circumstances—ending years of uncertainty about whether such fundamental building blocks of the...more

FDA (Finally!) Issues New Regulations to Clarify Pharmaceutical Patent Litigation: How to Use Patent “Use Codes”

by Morrison & Foerster LLP on

On October 6, 2016, the FDA issued a final rule implementing certain provisions of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) governing the approval of generic drugs, including...more

In a Groundbreaking Decision, Third Circuit Provides Framework for Evaluating Numerosity

by Pierce Atwood LLP on

One of the least disputed elements of class certification is Rule 23(a)(1) numerosity, and so there is relatively little analysis from the courts about it. Last month, however, a divided panel of the Third Circuit provided a...more

Business Litigation Report - September 2016

Second Circuit Rejects Massive Class Action Settlement and Affirms Importance of Adequate Representation and Due Process Rights for Absent Class Members - The Second Circuit Court of Appeals recently considered whether...more

Third Circuit Creates Framework for Analyzing Numerosity

by Carlton Fields on

The Third Circuit recently vacated class certification, granted by the Eastern District of Pennsylvania after nearly a decade of litigation, in an antitrust case alleging that a pharmaceutical company entered into agreements...more

Third Circuit Decertifies Class on Numerosity Grounds, Listing Relevant Factors for the First Time

by Pepper Hamilton LLP on

The Modafinil decision bodes well for defendants and represents another step toward increased scrutiny of the class action device in the Third Circuit. On September 13, a divided panel of the U.S. Court of Appeals for...more

Twitter Sued For Right of Publicity Violations Over Profile-Trading Game

by Reed Smith on

A class action lawsuit was filed in California yesterday against Hey, Inc. and Twitter regarding Hey’s online trading game in which players collect profiles of (and use virtual currency to invest in) real-life people as if...more

District Court Narrowly Defines the Relevant Market in Post-Actavis Pay-For-Delay Suit

On August 8, the District of Connecticut issued a noteworthy ruling on how to approach defining the relevant market definition in a pay-for-delay suit. In In re Aggrenox Antitrust Litigation, 3:14-md-02516 (D. Conn.), three...more

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Cybersecurity

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