News & Analysis as of

Accretive Health Data Breach Leads To Twenty-Year Settlement With The FTC

On December 31, 2013, the Federal Trade Commission ("FTC") announced that Accretive Health, Inc., ("Accretive") agreed to settle charges that the company's inadequate data security measures exposed sensitive consumer...more

Mobile Apps Remain Regulatory Focus as FTC Enforces Data Privacy of Popular Program

The provider of the immensely popular “Brightest Flashlight Free” mobile app for Android reached a settlement with the Federal Trade Commission (FTC) over charges that it collected sensitive personal information, including...more

Clearance: Proskauer's Quarterly Antitrust Update - Fall 2013

In Federal Trade Commission v. Actavis, Inc., the Supreme Court, in a 5-3 decision written by Justice Breyer, reversed the Eleventh Circuit's dismissal of an FTC complaint under Section 5 of the Federal Trade Commission...more

Pay-for-delay to Stay FTC’s Top Priority

In a recent interview, Federal Trade Commission (FTC) Bureau of Competition chairwoman Deborah Feinstein announced that targeting pay-for-delay arrangements by pharmaceutical companies would continue as a top priority for the...more

Advertising Law -- Nov 01, 2013

When Dental Hygiene Meets False Advertising Suits - Dental hygiene related class action settlements made news recently, when a federal judge in New Jersey granted final approval in one case and a second settlement...more

Advertising News & Analysis - October 17, 2013

In this issue: - Venable Opens Bay Area Office - District of Columbia, 48 States Reach $30 Million Settlement with Buying Club Marketers - The Government is Open. Now What? - Sweepstakes and...more

How to Break the Federal Debt-Collection Law — By Texting

It’s quite clear that the Federal Trade Commission and the Federal Communications Commission view existing federal consumer protection and communications statutes as fully applicable to new modes of communication such as...more

FTC Settles with Debt Collector for Violations of FDCPA and FTC Act

The FTC announced that it reached a settlement with a debt collector for violations of the Fair Debt Collection Practices Act and the FTC Act. The FDCPA generally governs collection practices by third-party debt collectors....more

FTC's Challenge to Phoebe Putney Merger Ends in Settlement Without Divestiture

On August 22, 2013, the FTC accepted, subject to final approval, a Consent Agreement Containing Order from Respondents Phoebe Putney Health System, Inc., Phoebe Putney Memorial Hospital, Inc., Phoebe North, Inc. (collectively...more

Advertising Law -- Sep 12, 2013

Actress Claims Sponsorship Deal Soured Over “#spon” - Did the use of a hashtag cause Sensa Products, a weight loss company, to commit fraud and to breach its contract with celebrity endorser and Academy Award-winning...more

FTC Announces First Settlement Involving Privacy and the "Internet of Things"

In its latest data security case, the Federal Trade Commission (FTC) announced its first settlement of an action involving a household product with Internet connectivity. Consistent with its prior data security actions, the...more

FTC Announces Proposed Settlement in Hospital Acquisition Case

On August 22, 2013, the FTC announced a proposed settlement in its much-publicized case against one of the largest hospital systems in Southwest Georgia, and the proposed settlement is remarkable for what it will not do—it...more

Advertising Law -- Sep 04, 2013

FTC Members Speak Out About Data Brokers, Big Data - Federal Trade Commission Chairwoman Edith Ramirez and Commissioner Julie Brill both spoke out recently about the issue of “big data.” Referencing the...more

FTC Reaches Unique Settlement with Phoebe Putney Health System Resolving Lengthy Hospital Merger Challenge

The U.S. Federal Trade Commission (FTC) and Phoebe Putney Health System settled the FTC’s complaint that the health system’s merger with Palmyra Park Hospital violated the antitrust laws. Unique state statutes and...more

FTC Announces Consumer Reporting Settlement

On August 15, the FTC announced that it obtained a settlement from a Certegy Check Services, Inc., a check authorization service company and consumer reporting agency (CRA) that compiles and uses consumers’ personal...more

Advertising Law -- Aug 08, 2013

Mattress Claims Run Afoul of Green Guides - The Federal Trade Commission, applying the Green Guides to the advertising of three different mattress manufacturers, stated that the companies slept on the requirements for...more

FTC Regulatory Update: FTC Settles with Marketers of Bed Bug and Head Lice Treatments; Highlights Confusing Interplay Between FTC...

On July 16, 2013, the Federal Trade Commission (“FTC”) announced that it entered into settlement agreements with Chemical Free Solutions LLC and Dave Glassel (collectively “Cedarcide Defendants”), the marketers of bed bug and...more

FTC Enforcement Action against Debt Collector Ends in Record Settlement

The Federal Trade Commission’s recent announcement that it entered into a record settlement with “the world’s largest debt collection operation” demonstrates that it intends to continue its vigorous enforcement of the Fair...more

FTC Obtains Settlement Regarding Marketing Of Mortgage Refinancing Services To Servicemembers; Announces First Settlements In...

On June 27, the FTC announced that a mortgage broker will pay a $7.5 million civil penalty to resolve alleged violations of the agency’s Telemarketing Sales Rule (TSR) and Mortgage Acts and Practices – Advertising Rule (MAP...more

Advertising Law -- Jun 27, 2013

Domino’s Delivers $9.75M TCPA Settlement - It took more than 30 minutes, but Domino’s Pizza delivered a settlement deal to a class of plaintiffs in a Telephone Consumer Protection Act suit totaling $9.75...more

Supreme Court Applies Rule of Reason in Antitrust Challenges to Reverse-Payment Patent Settlements

One of the most controversial antitrust issues for the pharmaceutical industry during the last decade has been the treatment of patent settlements in which a patent-holding branded manufacturer made payments to its generic...more

Supreme Court Holds That Reverse Payment Patent Settlements Are Subject to Antitrust Scrutiny

For over a decade, the antitrust enforcers at the Federal Trade Commission have challenged the type of patent settlement where a brand-name drug manufacturer pays a prospective generic manufacturer to settle patent...more

Advertising News & Analysis - June 20, 2013

In this issue: - Florida Settlement Tightens Up Face Lift Advertising - Chairwoman Ramirez Names FTC Veteran as New Consumer Protection Bureau Director - Artisanal Labeling: Grounds for a Lovingly Crafted...more

U.S. Supreme Court Rejection of the “Scope of the Patent” Test in FTC v. Actavis Has Wide-Ranging Implications

Key Points: - Patent settlements must be analyzed under the rule of reason, requiring a full analysis of the net competitive effects - Payments to an alleged infringer may be permissible if justified by, for...more

U.S. Supreme Court Holds That “Reverse Payment” Patent Litigation Settlements Are Not Immune from Antitrust Review

In a significant ruling involving both intellectual property rights and competition policy, the Supreme Court of the United States held in a 5–3 decision issued on June 17 that patent litigation settlements involving “reverse...more

54 Results
|
View per page
Page: of 3