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Federal Trade Commission (FTC) Electronic Communications

BakerHostetler

Antitrust Sanctions: The Duty to Preserve Chats

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On August 5, 2024, District Judge Amit P. Mehta (U.S. District Court, District of Columbia) ruled in United States v. Google LLC that Google violated §2 of the Sherman Act by monopolizing the internet search engine market....more

BakerHostetler

Data Security, Commercial Email and Employee Reviews Walk into a Bar...

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Sorry folks, there is no punchline here, but there are bottom lines from a settlement the Federal Trade Commission (FTC) announced last week. We discuss three today: (1) the FTC continues to mount broad investigations and...more

Hudson Cook, LLP

Technical Violations of State Collection Practices Laws Can Lead to Class Action Liability

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If you are reading this article, you are likely aware that a creditor collecting its own debts in its own name is not a "debt collector" under the federal Fair Debt Collection Practices Act ("FDCPA") or its implementing rule,...more

Array

This Week in eDiscovery: The Duty to Preserve Ephemeral App Data, Employee Compliance with Electronic Communication Rules

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of July 8-14. Here’s what’s...more

Miller Canfield

FTC and DOJ Emphasize Companies’ Duty to Preserve Ephemeral Messaging and Data on Collaboration Platforms in Updated Guidance

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The Federal Trade Commission and United States Department of Justice recently released new guidance on preservation of electronically stored information from ephemeral messaging tools and collaboration platforms like Slack,...more

Proskauer Rose LLP

A Closer Look At Antitrust Agencies' Chat Platforms Guidance

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The Federal Trade Commission's Bureau of Competition and the U.S. Department of Justice Antitrust Division earlier this year released a joint statement reiterating document preservation obligations for companies and...more

Venable LLP

The FTC’s and DOJ’s New Magic Act: Vanished Messages Will Reappear in Discovery

Venable LLP on

In late January, the Federal Trade Commission (FTC) and Justice Department (DOJ) announced a collaborative effort to update their instructions regarding preservation of electronic communications to targets of pre-litigation...more

Wilson Sonsini Goodrich & Rosati

DOJ and FTC “Signal” That Companies Cannot “Slack” on Preserving Ephemeral Messages

On January 26, 2024, the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) released a joint statement reinforcing document preservation obligations for companies and individuals...more

Troutman Pepper

Companies Can No Longer Afford to Slack Off in Preserving Chats and Messages

Troutman Pepper on

Doubling down on guidance originally issued in September 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced updates to standard preservation letters and...more

Manatt, Phelps & Phillips, LLP

Further Guidance from FTC and DOJ “Reinforces” Parties’ Obligations to Preserve Ephemeral Messages

On January 26, 2024, the United States Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) jointly issued new guidance making clear that common collaboration tools and ephemeral...more

Alston & Bird

Preservation Obligations for Ephemeral Messaging Will Not Disappear

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As companies expand communications technologies, federal antitrust agencies expand their enforcement efforts. Our White Collar, Government & Internal Investigations and Antitrust Teams reveal the latest guidance from the...more

Nelson Mullins Riley & Scarborough LLP

FTC and DOJ Update Guidance to Reinforce Preservation Obligations Regarding Messaging Applications and Tools

Anyone who has ever received a civil investigative demand, subpoena, second request, voluntary access letter, or other form of compulsory process from a federal antitrust regulator knows that the government’s standard...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - November 2022

In this month’s Privacy & Cybersecurity Update, we examine the California Privacy Protection Agency’s revised draft regulations for the California Privacy Rights Act, the Federal Trade Commission’s settlement with a...more

Paul Hastings LLP

Ephemeral Messaging at the Office: Avoiding Pitfalls and Establishing Best Practices

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Users of ephemeral messaging applications may intend that their messages be—as the word “ephemeral” suggests—short lived, but the real-world consequences and legal ramifications from improper use of such apps can be anything...more

Foley Hoag LLP - Security, Privacy and the...

Cybersecurity 2018 – The Year in Preview: Federal Enforcement Trends

Editors’ Note: This is the third of a multi-part end-of-year series examining important trends in data privacy and cybersecurity during the coming year. Up next: trends in state enforcement....more

McDermott Will & Emery

FTC Weighs-in on Telehealth, Comments on Delaware’s Occupational Therapy Practice Rule

McDermott Will & Emery on

On August 3, 2016, the Federal Trade Commission (FTC) staff submitted public comments regarding the Delaware Board of Occupational Therapy Practice’s proposed regulation for the provision of occupational therapy services via...more

Robinson+Cole Data Privacy + Security Insider

FTC signs MOU with Canada on Do Not Call and anti-spam enforcement activities

In a sign of increased cross-border cooperation for enforcement purposes, the Federal Trade Commission (FTC) recently signed a Memorandum of Understanding (MOU) with the Canadian Radio-television and Telecommunications...more

King & Spalding

The U.S. Senate Judiciary Committee Holds Hearing To Discuss Reforms To The Electronic Communications Privacy Act

King & Spalding on

The U.S. Senate Committee on the Judiciary held a hearing to discuss reforms to the Electronic Communications Privacy Act (“ECPA”) proposed in Senate bill S. 356, The Electronic Communications Privacy Act Amendments Act of...more

Manatt, Phelps & Phillips, LLP

Advertising Law - September 2015 #3

State AGs Settle Negative Option Marketing Case for $1M: Negative option marketing cost one company $1 million in a recent deal with the Attorneys General of New York, Pennsylvania and Washington. According to the...more

Kelley Drye & Warren LLP

Will the FTC Have Access to Your Electronic Communications?

Amending the Electronic Communications Privacy Act (ECPA) has long been under consideration in Congress, but recent testimony indicates that ECPA reform may have deeper implications for companies subject to FTC...more

Davis Wright Tremaine LLP

FTC, DOJ Issue Antitrust Policy Statement Encouraging Private Sharing of Cybersecurity Information

The Federal Trade Commission and the Department of Justice yesterday issued a joint policy statement on the sharing of cybersecurity information. Declaring that “properly designed cyber threat information sharing is not...more

Manatt, Phelps & Phillips, LLP

Advertising Law -- Feb 21, 2013

In This Issue: Neutrogena Escapes Class Certification; It's Not "Hip" to Steal Contact Info; Leibowitz Leaves the FTC—Who Will Take His Place?; A Court Ruling Wouldn't Be Kosher; California Supreme Court: Some Online...more

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