FTCA

News & Analysis as of

Back Off Business, Cybersecurity Is FTC's Turf Now

On March 7, 2014, U.S. District Judge Esther Salas in New Jersey issued a much anticipated decision rejecting a direct challenge to the Federal Trade Commission’s authority to police corporate cybersecurity practices. Seeking...more

The Evolution of FTC Privacy Enforcement

The FTC has recently undertaken further reviews of specific security practices past its historical boundaries - The Federal Trade Commission (FTC) has asserted its enforcement authority as “the chief federal agency on...more

Federal Court Refuses to Dismiss FTC Data Security Authority

On April 7, 2014, in a landmark decision with broad implications for American businesses, the U.S. District Court for the District of New Jersey upheld the U.S. Federal Trade Commission’s authority to regulate data security...more

U.S. District Court Confirms FTC Authority To Regulate Corporate Data Security Practices

On April 7, 2014, Judge Esther Salas of the U.S. District Court for the District of New Jersey denied the first ever motion to dismiss filed in Federal court that challenged the authority of the Federal Trade Commission (“the...more

Antitrust Matters - April 2014 (Global)

Welcome to the second issue of our global competition and antitrust law newsletter Antitrust Matters. The importance and shifting nature of antitrust problems facing companies and individuals is by its nature, a work in...more

Limited Defenses Available Against FDIC As Receiver

As of August 2013, since the fallout from the recent financial crisis, the FDIC as receiver for failed banks has brought suit against former directors and officers of 76 failed institutions. These lawsuits are based on...more

SEC’s Alleged Failure to Notify SIPC of Ponzi Scheme Does Not Create Liability

A Florida federal court has dismissed a class action alleging that the Securities and Exchange Commission was negligent for failing to report that Robert Allen Stanford’s $7 billion fund was a Ponzi scheme, finding the...more

District Court Dismisses Class Action Suit Under FTCA Against SEC

The US District Court for the Middle District of Louisiana granted the United States’ motion to dismiss a putative class action law suit against the Securities Exchange Commission. Plaintiffs brought the suit under the...more

Corporate and Financial Weekly Digest - June 28, 2013

In this issue: - Delaware Court of Chancery Upholds Forum Selection Provisions in Bylaws - CFTC Issues No-Action Letters - Portfolio Reconciliation and Swap Trading Relationship Documentation Requirements...more

Court Finds Private Person Can Be Held Liable for Negligent Inspection

A private person who inspects a workplace can be held liable for injury or death due to hazards that should have been found and addressed. That is effectively what the Supreme Court of Appeals of West Virginia recently held...more

MSHA Inspection Failures Poised to Increase Inspection Activities

Two recent news items shine a spotlight on MSHA, its inspection corps, and several publicly acknowledged inspection failures. On February 5, 2013, the W.Va. Supreme Court published a decision that, for purposes of the Federal...more

Blood Bank Settles FTC Complaint About Customer Data Privacy

Any company that collects personal information about individuals, such as credit card numbers and social security numbers, must be very careful about the way in which it stores and secures that information. Even a blood bank...more

Recent FTC Developments Regarding Standard Essential Patents

The FTC recently issued two decisions and proposed consent orders concerning Section 5 of the Federal Trade Commission Act (“FTCA”) and standard essential patents (“SEPs”). Not only do these decisions emphasize the...more

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