Antitrust & Trade Regulation Science, Computers & Technology

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"Privacy & Cybersecurity Update - November 2016"

In this month's Privacy & Cybersecurity Update, we review an 11th Circuit case involving the longstanding battle between the FTC and medical company LabMD, recent NIST guidelines for securing devices connected to the...more

New FTC Data Breach Response Guidelines

Cybersecurity should always be at the top of any retailer’s priority list—and even more so as the holiday shopping season gets underway. To that end, the Federal Trade Commission’s newly-released Data Breach Response...more

FTC Report on Sharing Economy Cautions Regulators Not to Impede Innovation

In 1942, economist Joseph Schumpeter observed that the "creative destruction" of innovation often drives economic growth in market economies as companies continuously introduce new products or services, or new ways to produce...more

Aerospace and Defense Series: Trump Administration—Potential for Increased Antitrust Leniency for Vertical Transactions in the...

President-elect Donald Trump has called for a dramatic increase in defense spending including purchases of new ships and warplanes as well as the addition of tens of thousands of new troops. This increase in spending...more

FTC Publishes Data Breach Response Guidelines

Whether resulting from a planned cyberattack or mere carelessness, data breaches are on the rise. In 2015, 781 data breaches were reported across the United States, with the average breach costing $3.8 million. In 2016, the...more

11th Circuit better defines FTC’s ‘Unfair’ standard – The details are in the damage

In November 2016, the Court of Appeals for the 11th Circuit stayed a Federal Trade Commission (“FTC”) Final Order enforcing a complaint against LabMD related to the exposure of customer data. In the process of issuing the...more

China Finalizes New Cyber Security Law

China has finalized a broad new Cyber Security Law, its first comprehensive data privacy and security regulation. It addresses specific privacy rights previously adopted in the European Union and elsewhere such as access,...more

FTC Joins Other Agencies In Warning Organizations About Ransomware

Earlier this month, the Federal Trade Commission (FTC) blogged about How to defend against ransomware, and published Ransomware – A Closer Look in the “Tips and Advice” section of its website. This follows warnings from other...more

The FTC Faces an Embarrassing Set-Back in its Data Security Enforcement Authority as the LabMD Saga Continues

On November 10th, the Eleventh Circuit Court of Appeals handed an embarrassing defeat to the Federal Trade Commission and an early Christmas present to LabMD, Inc. in the ongoing David and Goliath battle between the...more

FTC Announces New Guidance on Ransomware

On November 10, 2016, the U.S. Federal Trade Commission (FTC) released new guidance for businesses and consumers on the impact of, and how to respond to ransomware. Ransomware is a form of malicious software that infiltrates...more

Guest Post — Do It If It Makes You Feel Good: FTC’s Report on Homeopathic Medicine Advertising

What follows is a guest post by John Feldman, a partner in Reed Smith’s Entertainment and Media Industry Group. John closely follows all things Federal Trade Commission and approached us when he saw the FTC weighing in a...more

Competition News November 2016

Gun jumping in France: penalty imposed by the French Competition Authority on early partial completion of two mergers prior to their authorization - By a decision not yet published, issued on November 8, 2016 by the...more

National security reviews: A global perspective — Germany

The trend is towards higher scrutiny of inbound transactions by the Federal Ministry for Economic Affairs and Energy. Generally, German law provides for a liberal investment climate and only very limited restrictions on...more

Advertising Law - November 2016 #4

CARU Emphasizes Accurate Performance, Use Presentations for Children - Two recent Children's Advertising Review Unit decisions emphasize the importance of providing accurate performance and use presentations for products...more

FTC Addresses Homeopathic Drug Advertising

The Federal Trade Commission (“FTC”) recently released an enforcement policy statement regarding marketing claims for products in the over-the-counter (“OTC”) homeopathic drug market. Long permitted to fly under the FTC’s...more

Data Security and Breach Notification Requirements of New FCC Privacy Order May Present Immediate Implementation Challenges for...

As ISPs continue to absorb the scope of the FCC’s recent Privacy Order (the “Order”), one immediate question presents itself: what steps must ISPs take to begin implementing the data security and breach notification...more

The FTC’s New Data Breach Response Guide (and a Reminder)

The two-pronged mission of the Federal Trade Commission is to protect consumers and promote competition. According to the FTC’s website, protecting consumers includes “stopping unfair, deceptive or fraudulent practices in the...more

LinkedIn Blocked in Russia: Privacy and Trade Law Aspect

The business networking platform LinkedIn is the first major international player to fall victim to the implementation of Russia’s “data localization” law, with effect from September 1, 2015, which requires all parties...more

FTC Publishes Data Breach Response Guidelines

On October 25, 2016, the Federal Trade Commission (“FTC”) published a guide titled “Data Breach Response: A Guide for Business” outlining a high-level set of steps that businesses should take in order to prepare for and...more

Advertising Law - November 2016 #3

Will Green Guides Address Organic? FTC/USDA Roundtable Report - On October 20, 2016, the Federal Trade Commission and the U.S. Department of Agriculture co-hosted a roundtable discussion in Washington, D.C., entitled...more

Six Tips to Help HR Professionals Avoid Criminal Antitrust Liability Under New DOJ/FTC Guidance

On October 20, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued antitrust guidance for human resources professionals. The agencies also released a list of high-level red flags for the...more

LabMD Successfully Delays FTC’s Data Security Enforcement During Appeal

In another twist in the LabMD case, LabMD has succeeded in obtaining a delay on the FTC’s enforcement action during its appeal. Of course, the substantive issues remain to be determined. In 2013, the Federal Trade...more

FTC’s New Guidelines Provide Agency View on Data Breach Response

On October 25, the Federal Trade Commission released “Data Breach Response: A Guide for Business,” its latest guidance on data privacy and security regulation. The Guide seeks to help businesses comprehend the Agency’s...more

Supreme Court Denies Cert in Lamictal Pay-For-Delay Litigation

Third Circuit has previously ruled that non-cash payments to settle patent litigation may violate antitrust laws. On November 7, 2016, the Supreme Court of the United States declined to hear the petition of...more

Germany to Introduce Wider Merger Control Regime to Catch Tech Start-Ups

On 28 September 2016, the German government proposed legislation to amend the Act Against Restraints of Competition (GWB) for the ninth time. Presuming that it will pass the further steps required, the proposed amendment is...more

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