On April 25, 2013, the Second Circuit issued its decision in Cariou v. Prince, agreeing with the artist Richard Prince and his gallery, Gagosian, that “the law does not require that a secondary use comment on the original artist…more
With the use of mobile payments by consumers reaching “fever pitch”, the FTC has released a new report entitled, “Paper, Plastic… or Mobile? An FTC Workshop on Mobile Payments,” discussing how companies can develop mobile…more
The U.S. Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740, 2011 BL 110648, 79 U.S.L.W. 4279 (U.S. 2011), has been characterized as a ‘‘game changer’’ in the arbitration arena. Concepcion overturned…more
On April 2, 2013 the Securities and Exchange Commission (SEC) issued a report (the Netflix Report) announcing that it would not pursue enforcement action against Netflix, Inc. and its Chief Executive Officer, Reed Hastings, for…more
Can price-fixing abroad be prosecuted criminally under the U.S. Sherman Act? The antitrust bar might well raise an eyebrow at the question. Since international cartels became a focus of the Department of Justice’s Antitrust…more
Rule 10b5-1(c) under the Securities Exchange Act of 1934, as amended, is intended to provide a safe harbor from insider trading liability for corporate insiders who trade their company’s stock pursuant to certain pre-arranged,…more
The recently announced merger of American Airlines and U.S. Airways creates a new carrier that is a behemoth by any measure. The combined airline will have revenues of $39 billion, slightly larger than the current revenue…more
The Hart-Scott-Rodino (HSR) Act requires qualifying companies to file a premerger notification with the FTC and Department of Justice Antitrust Division (the “Division,” and together with the FTC, the “Agencies”), pay a filing…more
App providers and developers are in the hot seat again. On the same day that the FTC fined the social networking app Path $800,000 over allegations that it collected personal information without obtaining consumers’ consent,…more
As a little kid, I did not have an immediate appreciation that my actions could get me into trouble, and so, without thought, I told the truth. My dad would ask, “Did you write your name on the wall?” I would respond,…more
In a decision dated January 7, 2013, the California Court of Appeal invalidated a mandatory arbitration and class action waiver clause in an automobile sales contract, ruling that the arbitration clause was unconscionable and…more
The developer of the popular Path social networking app for mobile devices has agreed to settle Federal Trade Commission charges that it deceived users by collecting their personal information without their consent. As part of…more
Regular viewers of Comedy Central’s Colbert Report – the author’s preferred source of punditry – should be familiar with the recurring segment, “Better Know a District.” In that segment, Stephen Colbert comically provides facts…more
The Jumpstart Our Business Startups Act, or JOBS Act, was designed to facilitate capital-raising transactions by smaller companies, including private companies. A likely but less heralded consequence of the JOBS Act is that it…more
Organizations using social media are confronted with an ever increasing challenge of social media risk management. To help financial institutions identify, measure, monitor, and control such risks, the Federal Financial…more
