Balch’s Decision Dive: Texas Trial Court Struck Down the FTC’s Noncompete Rule
California Employment News: Understanding the FTC Non-Compete Ban Key Insights for Employers
California Employment News: Understanding the FTC Non-Compete Ban Key Insights for Employers (Podcast)
Regulation Through Enforcement: Insights From the BlueSnap Lawsuit — Payments Pros: The Payments Law Podcast
An FTC Official Speaks About the Regulation of AI Technology
AD Nauseam: A Different Type of Imposter Syndrome
Consumer Finance Monitor Podcast Episode: The Federal Trade Commission: Looking Back at 2023 and Looking Ahead to 2024 and Beyond
AD Nauseam: What is This Unfairness Thing You Keep Talking About?
Consumer Finance Monitor Podcast Episode: Shining a Bright Light on Digital Dark Patterns
Consumer Finance Monitor Podcast Episode: Should Section 5 of the FTC Act be Amended to Add a Private Right of Action?
Turning up the Heat – A Look at the FTC’s Groundbreaking Fine Against Bankrupt Digital Asset Services Provider Celsius Network LLC - The Crypto Exchange Podcast
DE Under 3: FTC Enters the Biometric Privacy Protection Conversation
Autorenewals Crossover Episode with The Crypto Exchange - The Consumer Finance Podcast
Autorenewals - The Crypto Exchange Podcast
#WorkforceWednesday: FTC Proposes Ban on Non-Competes - Employment Law This Week® - Spilling Secrets Podcast
Navigating the FTC’s Proposed Rule Banning Non-Competes
Exploring the FTC’s Proposed Ban on Noncompetes (Fairly Competing, Episode 20)
Law Brief®: Rich Schoenstein and David Kleinmann Discuss FTC's Proposed Noncompete Ban
MLM Defense: FTC Earnings Claims and Nonsolicitation Clauses
JONES DAY TALKS®: Consumer Protection Enforcement Changes Likely After SCOTUS AMG Decision
FTC Fights Back in LabMD Suit - The Federal Trade Commission demonstrated its intention to fight for the power to regulate data security by filing a 111-page brief with the U.S. Court of Appeals for the Eleventh Circuit in...more
On July 29, 2016, the three Federal Trade Commission (“FTC”) commissioners vacated their chief administrative law judge’s bold decision to dismiss the agency’s action against a medical testing lab, LabMD, In the Matter of...more
Last month, Wyndham Worldwide Corp. settled its lengthy civil case with the Federal Trade Commission. The suit began in 2012, when the FTC sued Wyndham and three of its subsidiaries, alleging three data breaches between 2008...more
The end of 2015 represented a mixed bag for the Federal Trade Commission on privacy enforcement. In November, the FTC’s Chief Administrative Law Judge dismissed the FTC’s complaint against LabMD for a possible data breach of...more
On the shifting sands of cyber security regulation, it is important to understand the outcome of two recent enforcement cases brought by the Federal Trade Commission (FTC) – one against clinical lab services company LabMD,...more
Both the administrative law judge’s decision in LabMD and the Third Circuit’s recent decision in Wyndham, which we previously blogged about, put the FTC on notice that it cannot assume that in the wake of a security breach,...more
The recent settlement entered into between the Federal Trade Commission (FTC) Wyndham Hotels and Resorts and related companies (Wyndham) provides an important roadmap for companies seeking to avoid running afoul of the FTC’s...more
Following the Third Circuit’s ruling upholding the FTC’s authority to regulate unfair and deceptive cybersecurity practices under Section 5 of the FTC Act, Wyndham Worldwide Corporation and the FTC have agreed to settle. ...more
After four years of litigation, this past Wednesday, Wyndham Worldwide Corporation and three of its subsidiaries (collectively, “Wyndham”) settled the Federal Trade Commission’s (“FTC”) allegations that the global...more
The Third Circuit interlocutory decision in Federal Trade Commission v. Wyndham Worldwide Corporation was widely reported as a big win for the Federal Trade Commission (“FTC”). But on closer examination, it was a split...more
On August 24, 2015, the U.S. Court of Appeals for the Third Circuit released its long-awaited ruling in Federal Trade Commission v. Wyndham Hotels, affirming the FTC's enforcement powers in the cybersecurity sphere. The...more
Third Circuit Affirms FTC's Power to Regulate Data Security Practices - Affirming the power of the Federal Trade Commission to regulate corporate cybersecurity, the Third Circuit Court of Appeals held that the agency...more
On August 24, 2015, the Third Circuit affirmed the United States District Court for the District of New Jersey’s denial of a motion to dismiss in FTC v. Wyndham Worldwide Corp. In Wyndham, the Federal Trade Commission...more
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
The Federal Trade Commission (FTC) can regulate cybersecurity policies and procedures as “unfair” acts or practices under Section 5 of the FTC Act, the U.S. Court of Appeals for the Third Circuit has ruled in a very important...more
If you read one thing: - The Federal Trade Commission (FTC) secured a major appellate victory in its quest to challenge lax corporate cybersecurity practices - In light of the 3rd Circuit’s decision,...more
Banks and other companies subject to the CFPB’s jurisdiction face the possibility that the CFPB could begin using its authority under Sections 1031 and 1036 of the Dodd-Frank Act (which proscribe unfair, deceptive or abusive...more
On August 24, 2015, the Third Circuit Court of Appeals issued a much-awaited decision in FTC v. Wyndham Worldwide Corporation, holding that the Federal Trade Commission (FTC) has authority to regulate “unfair” or “deceptive”...more
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
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
Over one year ago, our colleague Chris Hart argued that the District of New Jersey court’s decision in FTC v. Wyndham Worldwide Corp. et. al., No. 13-1887-ES, “point[ed] to the possibility that the FTC has potentially broad...more
Since at least 2005, the Federal Trade Commission has asserted that it may regulate lax data security practices as an “unfair” business practice under Section 5 of the FTC Act. The Wyndham hotel chain was the first to...more
The U.S. Court of Appeals for the Third Circuit released its much-anticipated ruling in Federal Trade Commission v. Wyndham Worldwide Corp. on August 24, 2015, unanimously upholding the FTC’s authority to regulate companies’...more
Rather than our usual Privacy Monday “bits and bytes,” we have a breaking story relating to the ongoing Wyndham/FTC saga. Today, Wyndham Worldwide Corp. lost a critical round in the Third Circuit. Anticipated since...more
New Jersey U.S. District Judge Esther Salas agreed to allow Wyndham Hotels and Resorts LLC to immediately appeal to the Third Circuit a ruling affirming the FTC’s authority to bring data security cases. ...more