Jurisdiction, Section 5

FTC’s Proposed Non-Compete Ban: What Prior Decisions and Guidance May Reveal About the Impact on Nonprofit Healthcare Providers

Stevens & Lee on 2/1/2023

In a prior post, we discussed the FTC’s recently-issued Proposed Rule that would, if finalized in its current form, and with only limited exceptions, prohibit employers from using non-compete clauses. With respect the...more

Ninth Circuit Strips FTC of ‘Activities-Based’ Jurisdiction over Common Carriers

Perkins Coie on 9/8/2016

The FTC has no jurisdiction over common carriers even when they engage in non-common carrier activity, according to a recent U.S. Court of Appeals for the Ninth Circuit opinion. In FTC v. AT&T Mobility, No. 15-16585 (9th...more

Advertising Law - October 2015 #2

Manatt, Phelps & Phillips, LLP on 10/16/2015

"Flying Rabbi" Suit Crash Lands in NY Appellate Court - A New York man was unsuccessful in his lawsuit accusing Jimmy Kimmel of misappropriating his image during a skit on the late night TV show, Jimmy Kimmel Live! ...more

FTC Can Regulate Cybersecurity Practices, Third Circuit Rules

Ballard Spahr LLP on 9/1/2015

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

Federal appeals court confirms FTC authority to regulate cybersecurity policies and procedures

Ballard Spahr LLP on 9/1/2015

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

Third Circuit affirms FTC’s jurisdiction over security practices in Wyndham case

Robinson+Cole Data Privacy + Security Insider on 8/31/2015

In a strongly worded opinion, the Third Circuit Court of Appeals on Monday slammed Wyndham Worldwide Corporation’s arguments that the FTC did not have jurisdiction to enforce the security practices of businesses following a...more

Wyndham Gets Life Preserver in Data Breach Case

Mintz - Privacy & Cybersecurity Viewpoints on 6/30/2014

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

Jurisdiction › Section 5