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FTC Releases Data Broker Report

Today, the Federal Trade Commission (FTC) released a long-awaited report on the data-broker industry. In the report, the FTC characterized data brokers as operating with a “fundamental lack of transparency.” The report, which...more

Shareholder derivative action against Wyndham Worldwide directors for data breaches

Hot on the heels of our recently released publication, ‘Cyber risks and the impact on company directors’, it has been revealed that a shareholder has commenced a derivative action in the district of New Jersey (USA) against...more

Target, University of Maryland Testify on Data Breaches; Congress, FTC and SEC Continue Inquiries

On Wednesday, March 26, 2014, the Senate Committee on Commerce, Science and Transportation held a hearing entitled “Protecting Personal Consumer Information from Cyber Attacks and Data Breaches” and heard testimony from...more

Herbalife Hit with Civil Investigative Demand – Is the FTC Finally Turning up the Heat on Multi-Level Marketers?

For many, the announcement two weeks ago that the Federal Trade Commission has commenced a formal investigation into Herbalife was not terribly interesting. After all, nutritional supplement company Herbalife has been the...more

FTC Investigations of Technology Transactions – Am I at Risk?

A recent article in the Antitrust Law Journal, “A Survey of Evidence Leading to Second Requests at the FTC,” by Darren S. Tucker, a FTC attorney advisor who reviewed non-public information on decisions to investigate proposed...more

FTC Investigations of Pharma and Medical Device Transactions – Am I at Risk?

A recent article in the Antitrust Law Journal titled “A Survey of Evidence Leading to Second Requests at the FTC,” by Darren S. Tucker, an attorney advisor to a FTC Commissioner who reviewed non-public information on the...more

FTC Investigations of Provider Healthcare Transactions: Am I at Risk?

A recent article published in the Antitrust Law Journal titled "A Survey of Evidence Leading to Second Requests at the FTC," by Darren S. Tucker, an attorney advisor to an FTC commissioner who reviewed nonpublic information...more

Federal Merger Enforcement Increases To Highest Level In Five Years

Hart-Scott-Rodino Filings Decreased Slightly in 2012, but Percentage of Investigations Leading to Second Requests and Enforcement Actions Increased; FTC Continues to Enforce HSR Act in Connection with Corporate Officers' and...more

Are Consummated Hospital and Physician Mergers Now in the FTC’s Crosshairs?

Speaking at an American Bar Association symposium titled “Retrospective Analysis of Agency Determinations in Merger Transactions,” Federal Trade Commission (“FTC”) Chairwoman, Edith Ramirez, highlighted the FTC’s successful...more

A Q&A With Jeff Ifrah on the FTC’s Latest Draconian Tactics

Some lawyers who deal regularly with the Federal Trade Commission in investigations of allegedly false and deceptive online advertising have noticed that the agency is beginning to take steps in these investigations that are...more

"FTC Ends Google Investigation With a ‘Slap on the Wrist’"

On January 3, 2013, the Federal Trade Commission (FTC) ended its highly publicized and wide-ranging investigation into Google Inc.’s business practices with an enforcement action that has been described by some as a “slap on...more

Shhhhh! There is an Employee Misconduct Investigation Going On!

An employer hires an outside investigator to examine allegations of employee misconduct. Is the employer required to obtain permission from the employee who is the subject of the investigation? The Federal Trade Commission...more

New FTC Rules Address Electronically Stored Information and Privilege Issues

The Federal Trade Commission (FTC) promulgated revised rules concerning its investigative procedures, which take effect on November 9, 2012. Several changes concern the treatment of electronically stored information (ESI) and...more

FTC Set to Adopt New Rules to Speed Up Investigations, But Will They Work?

The Federal Trade Commission recently finalized changes to its investigative procedures. The changes are intended to streamline a process that has, in recent years, become increasingly lengthy and unwieldy. The driving force...more

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