News & Analysis as of

DOJ Fines Berkshire Hathaway $896,000 for Failure to Comply with Premerger Notification Requirements

On August 20, 2014, Berkshire Hathaway Inc. (“Berkshire Hathaway”) settled with the Department of Justice, Antitrust Division (DOJ) and the Federal Trade Commission (FTC) for its failure to comply with the premerger...more

Advertising Law - June 2014

FTC’s Data Broker Report: Transparency And Consumer Control - Calling for greater transparency and an increase in consumer control, the Federal Trade Commission has released its report on the data broker industry....more

Privacy & Cybersecurity - May 2014

In This Issue: - EU Court of Justice Creates Broad Interpretation of the ‘Right to be Forgotten’ - White House Publishes Report on Risks and Opportunities Posed by ‘Big Data’ Practices - California AG...more

Using Background Checks to Check Into Your Employees' History? The EEOC and FTC May Soon Be Checking Into You Too

If you're an employer that runs background checks on employees or applicants, you need to be aware of some recent government activity about the practice. Two federal agencies — the Equal Employment Opportunity Commission...more

Privacy Monday – September 16, 2013

Dis-Like! Senator Markey Urges the FTC to Investigate Facebook’s New Policies - As we previously reported, Facebook has proposed a number of revisions to its Data Use Policy and Statement of Rights and...more

Digital Advertising Alliance Releases Guidance on the Application of Its Self-Regulatory Principles to the Mobile Environment...

On July 24, 2013, the Digital Advertising Alliance (DAA), comprised of the largest media and marketing trade associations in the U.S., released new guidance regarding mobile and other devices (Mobile Guidance). The Mobile...more

Choosing a Winner: Knowing sweepstakes and contest laws up front can prevent future problems

Illinois Court Rules that Contest Sponsor’s Use of Entrant’s Image is a Violation of the State’s Publicity Acts - An Illinois court recently found that a contest sponsor’s publication of images violated the Illinois...more

Mobile Apps Bill Introduced in the House of Representatives

Lawmakers in Washington, D.C., continue to show interest in understanding and developing regulatory proposals relating to mobile apps. The interest appears to be driven, at least in part, by policymakers’ concerns about...more

Selected Highlights from the FTC's COPPA FAQs

The FTC posted on its website an updated version of its COPPA FAQs. (The FTC amended its COPPA Rule in December 2012, which we summarized in this Alert.) The deadline for complying with the amended COPPA Rule is July 1, 2013....more

FTC Voids Confidentiality and Non-Compete Provisions in Non-Reportable Transaction and Requires Notification of All Future...

Merger agreements often contain ancillary provisions that seem acceptable to the parties in the context of what they are obtaining from the transaction—and those provisions often do not get a hard look by antitrust legal...more

FTC Releases Staff Report on Mobile Privacy

Beyond the obvious benefits of the latest generation of smartphones, mobile technology presents multiple privacy challenges. Mobile devices are almost always on, and nearby, and produce large amounts of data that might be...more

Despite Continuing Grace Period, Employers Should Switch To New Fair Credit Reporting Act Notices Now

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress transferred rule-making authority for the relevant portions of the Fair Credit Reporting Act (FCRA) from the Federal Trade Commission (FTC) to the...more

FTC Assesses $800,000 Fine Against Mobile App Operator and Issues Mobile Privacy and Security Guidance

The Federal Trade Commission has emphasized in the past that general privacy protections in the website space apply equally to mobile services, but a new FTC Staff Report released on Friday hones in on some privacy...more

Path/FTC Settlement - Much More Than A Slap On The Wrist

On February 1, 2012, “smart journal” application provider, Path, Inc. (“Path”) agreed to settle Federal Trade Commission (“FTC”) charges that it deceived consumers and improperly collected personal information in violation of...more

Social Networking Mobile App Developer Agrees to Pay $800,000 and Implement Comprehensive Privacy Program to Settle Claims for...

On February 1, 2013, the Federal Trade Commission (FTC) announced a settlement with Path, Inc., a social networking mobile application developer. Path offers and distributes "smart journal" mobile apps, which permit users to...more

FTC Announces Important Settlement with Social Networking App and Releases New Mobile App Report

The FTC announced a potentially groundbreaking settlement with the social networking app Path and released an important new staff report on Mobile Privacy Disclosures late last week. The FTC’s Settlement with Path...more

The Download - January 2013

In this issue: Heard on the Hill - Congress Updates the Video Privacy Protection Act - Congressional Developments in Mobile Privacy Around the Agencies: - FTC Updates COPPA Rule - Mobile Privacy Still...more

Privacy Update: Complying With COPPA Under The FTC's New Children's Online Privacy Protection Rules

In December 2012, the Federal Trade Commission (FTC) issued updated rules to the Child's Online Privacy Protection Act (COPPA), which significantly expand COPPA's scope and application. COPPA, which governs the collection,...more

FTC Announces New Filing Thresholds for Hart-Scott-Rodino Pre-Merger Notifications

The Federal Trade Commission has announced the new notification thresholds for pre-merger notification reports that must be filed under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). The notification...more

Privacy Alert: COPPA Amendment Impacts Apps, Ads and Social Networks

After a two-year comment process, the Federal Trade Commission adopted its long-awaited amendments to the Children's Online Privacy Protection Rule in December 2012. The amendments, which go into effect July 1, 2013,...more

Mobile App Disclaimers Not Sufficient to Circumvent FCRA Requirements

The Federal Trade Commission reached a settlement last week with a mobile app company, its data provider, and their CEO in its first Fair Credit Reporting Act (“FCRA”) enforcement action involving mobile applications. The...more

FTC Announces COPPA Rule Changes

The Federal Trade Commission (FTC) published its final rule amendments today in the Federal Register updating the FTC regulations that implement the Children’s Online Privacy Protection Act (COPPA Rule)....more

New HSR thresholds for 2013

The Federal Trade Commission has announced new filing threshold amounts for HSR Act Premerger Notification Filings. On January 10, 2013, the Federal Trade Commission ("FTC") announced its approval of new upwardly...more

Recent Privacy Developments: California AG Continues to Lead on Mobile with New Recommendations and FTC Amends COPPA

Nearly all businesses today are involved in some way in the development or distribution of mobile applications. The first part of this Client Alert highlights recent activities of the California State Attorney General to...more

Notification Threshold Under the Hart-Scott-Rodino Act Increased to $70.9 million

The Federal Trade Commission recently announced higher reporting thresholds for pre-merger notifications filed on or after February 11, 2013. The U.S. Federal Trade Commission (FTC) recently announced revised thresholds for...more

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