Fair Notice

News & Analysis as of

FTC v. Wyndham: The Third Circuit Recognizes FTC Authority to Regulate Commercial Cyber Security Practices

In 2014, the United States Court of Appeals for the Third Circuit ruling in FTC v. Wyndham Worldwide Corporation agreed to hear an immediate appeal on two issues: “whether the FTC has authority to regulate cybersecurity under...more

It’s Déjà Vu All Over Again: FDA Sued Again in Off-Label Promotion Case

To quote the late Yogi Berra, it must feel like déjà vu all over again for the Food and Drug Administration (FDA) (or, if you prefer, Crosby, Stills, Nash & Young’s song, “Déjà Vu” (“We have all been here before”)). Fresh off...more

Burning Down The House – The Wyndham Decision Allows The FTC To Sue Businesses For Getting Hacked

As it is commonly understood, the Great Fire of London spawned two fixtures of the modern world: advancements in firefighting and property insurance. The risk of fire was seen as a threat to society as a whole and mechanisms...more

In a Twist, Judge Overturns Arbitration Decision Suspending Tom Brady

On September 3, Judge Richard Berman of Southern District of New York overturned the NFL's four-game suspension of New England Patriots’ quarterback Tom Brady. Besides being a dream come true for ESPN, the ruling is quite...more

Judge Puts Brady Back in the Game

New England Patriots’ fans can thank U.S. District Judge Richard M. Berman if and when they see NFL quarterback Tom Brady suiting up next Thursday for the Patriots’ season opener. Judge Berman vacated Brady’s four-game...more

Third Circuit Holds FTC Has Authority to Regulate Cybersecurity under Unfairness Prong of 15 U.S.C. § 45(a)

The Third Circuit recently issued its highly anticipated ruling in the Federal Trade Commission v. Wyndham Worldwide Corp., Case. No. 14-3514, holding that the FTC has authority to regulate the cybersecurity practices of...more

Litigation Alert: Third Circuit Permits Federal Trade Commission to Bring Unfair Practice Claim Based on Cybersecurity Practices

In a closely-watched cybersecurity case, a three-judge panel of the U.S. Court of Appeals for the Third Circuit held in Federal Trade Commission v. Wyndham Worldwide Corporation (No. 14-3514) that the Federal Trade Commission...more

FTC v. Wyndham: Third Circuit Affirms FTC's Authority to Regulate "Unfair" Cybersecurity Practices

In a highly anticipated, precedential opinion released on August 24, 2015, the Third Circuit held that the FTC had authority to regulate cybersecurity under the unfairness prong of § 45(a) of the FTC Act and that Wyndham had...more

Third Circuit Affirms FTC's Ability To Bring Cybersecurity Enforcement Actions

On August 24th, the United States Court of Appeals for the Third Circuit issued its decision in Federal Trade Commission v. Wyndham Worldwide Corp., affirming a 2014 district court ruling that the Federal Trade Commission...more

Third Circuit Affirms FTC’s Authority to Regulate Data Security

On August 24, 2015, the Third Circuit affirmed U.S. District Court Judge Esther Salas’ April 2014 ruling in FTC v. Wyndham Worldwide Corp., et al. (“Wyndham”) that the FTC has the authority to regulate private companies’...more

Data Privacy: Wyndham Hotel's Wake Up Call Should Be Your Own

On August 24, 2015, the United States Court of Appeals for the Third Circuit issued a precedential opinion in the matter of Federal Trade Commission v. Wyndham Worldwide Corporation, et al., No. 14-3514 (3d. Cir., Aug. 24,...more

U.S. Appeals Court Upholds the FTC’s Authority to Police Cybersecurity Practices

In a highly anticipated and precedential opinion issued earlier this week, the Third Circuit Court of Appeals upheld the FTC’s authority to regulate corporate cybersecurity. The decision in Federal Trade Commission v Wyndham...more

FTC as Data Security Cop Affirmed

The U.S. Court of Appeals for the Third Circuit this week affirmed the authority of the Federal Trade Commission (“FTC” or “Commission”) to enforce against companies that lack reasonable cybersecurity practices. Prior to...more

From Bad to Worse for Wyndham

Lawyers often say “bad facts make bad law”. Combine that with weak legal arguments and, well, things can get really bad, really fast. That’s precisely what happened to Wyndham yesterday when the Third Circuit affirmed a...more

Third Circuit Upholds FTC’s Authority in Wyndham Case

On August 24, 2015, the Third Circuit, in a highly anticipated ruling, upheld a 2014 New Jersey District Court decision that the FTC has authority under section 5 of the FTC Act to regulate “unfair” data security practices...more

Texas’ Fair-Notice Pleadings Standard May Be In Trouble

In Texas, the lax “fair-notice” pleading requirement has resulted in the widespread practice of plaintiffs’ attorneys simply cutting and pasting from a previous pleading when filing suit. However, the recent enactment of...more

Federal PA Court Permits “Bad Faith Set-Up” as a Defense to Insured’s Bad Faith Claim

A Pennsylvania federal court recently allowed an insurer to plead “bad faith set-up” as a defense to, or “avoidance” of, a bad faith cause of action. The plaintiffs in Shannon v. New York Central Mutual Insurance Company who...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- July 12, 2013

Sony BMG Music Entertainment v. Tenenbaum, USCA, First Circuit, June 25, 2013 - First Circuit affirms judgment in favor of recording companies, holding that statutory damage award of $675,000 for willfully infringing...more

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