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Unfair or Deceptive Trade Practices Administrative Law Judge (ALJ)

Venable LLP

The Power of Customer Calls: Maryland Supreme Court Upholds Public Service Commission's Interpretation of the Maryland Telephone...

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Last month, the Supreme Court of Maryland delivered a pivotal ruling defining the scope of the Maryland Telephone Solicitations Act (MTSA), holding that the act extended to inbound calls initiated by consumers who engaged...more

Orrick, Herrington & Sutcliffe LLP

FTC orders tax filing software company to cease and desist following ALJ decision

On January 22, the FTC issued an opinion and order against the maker of a popular tax filing software. The FTC found that the company engaged in unfair and deceptive acts or practices by marketing the software as “free” when...more

Fish & Richardson

ITC Monthly Wrap-Up: November 2023

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This month’s International Trade Commission wrap-up focuses on the circumstances in which a complainant can amend its complaint. In particular, on November 2, 2023, Administrative Law Judge Moore denied a complainant’s...more

Foley & Lardner LLP

What Every Multinational Company Should Know About . . . Section 337 Cases at the International Trade Commission

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The United States International Trade Commission (ITC) is a fast-paced, high-stakes forum for companies with significant U.S. operations and/or U.S. intellectual property rights. Broad in scope, Section 337 empowers the ITC...more

Fox Rothschild LLP

The U.S. International Trade Commission: An Overview

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The U.S. International Trade Commission is a federal agency with the authority to adjudicate cases involving companies that domestically exploit U.S. intellectual property rights and those who import allegedly infringing...more

Snell & Wilmer

The Anatomy of an FTC Data Security Lawsuit

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The Federal Trade Commission (“FTC”) has described itself as “Your cop on the privacy beat” and a top federal regulator of consumer-facing data security practices. An example of how the FTC asserts itself when it comes to...more

Sheppard Mullin Richter & Hampton LLP

California Fair Claims Settlement Practices Regulations Upheld Following a Near-Decade Long Legal Challenge to their...

Following nearly a decade of uncertainty as to their enforceability, the California Court of Appeal upheld key components of the California Fair Claims Settlement Practices Regulations on September 20, 2018 and affirmed that...more

Poyner Spruill LLP

LabMD Wins Moral Victory While FTC Authority Over Cybersecurity Remains Unresolved

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In the latest episode of a long running saga, the Eleventh Circuit has ruled against the Federal Trade Commission (FTC) in its years-long battle with LabMD Inc. The Court vacated the FTC’s order requiring LabMD to implement a...more

Dechert LLP

Appellate Court Directs FTC to Be More Specific in its Data-Security Orders

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In a closely watched data-security case, the U.S. Court of Appeals for the Eleventh Circuit vacated as unenforceable a cease and desist order issued by the U.S. Federal Trade Commission (FTC) against LabMD, Inc. According to...more

Dorsey & Whitney LLP

FTC’s Data Security Authority Curbed by 11th Circuit

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The Federal Trade Commission (“FTC”) has long been considered the agency best suited to regulate data security. The Eleventh Circuit dealt a serious setback to that authority yesterday in LabMD v. FTC, No. 16-16270, striking...more

Eversheds Sutherland (US) LLP

A pilot no longer - The 100-day provision becomes a fixture and other new rules from the US International Trade Commission

The United States International Trade Commission (ITC) has recently amended its rules governing section 337 unfair trade practice investigations. The amendments formally add the 100-day program, permit the Commission to split...more

BakerHostetler

11th Circuit Issues Opinion Vacating Order That Required LabMD to Overhaul Its Data Security Program

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On June 6, the 11th Circuit issued its long-awaited decision on LabMD Inc. v. Federal Trade Commission, vacating as unenforceable the Federal Trade Commission’s (FTC’s) cease and desist order that required LabMD to create and...more

Patterson Belknap Webb & Tyler LLP

11th Circuit Hears Oral Argument in LabMD Case

Recently, the United States Court of Appeals for the Eleventh Circuit, sitting in Miami, heard oral argument in the case of LabMD, Inc. v. Federal Trade Commission, No. 16-16270. ...more

Proskauer - Advertising Law

Foreign Importer Hanging by a Thread, but International Trade Commission Cuts It Off

The International Trade Commission recently issued a general exclusion order barring the importation of bed sheets with falsely advertised thread counts as a remedy for Section 337 violations. The decision in In re Certain...more

Manatt, Phelps & Phillips, LLP

Advertising Law - March 2017

FTC Fights Back in LabMD Suit - The Federal Trade Commission demonstrated its intention to fight for the power to regulate data security by filing a 111-page brief with the U.S. Court of Appeals for the Eleventh Circuit in...more

Moore & Van Allen PLLC

The FTC Faces an Embarrassing Set-Back in its Data Security Enforcement Authority as the LabMD Saga Continues

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On November 10th, the Eleventh Circuit Court of Appeals handed an embarrassing defeat to the Federal Trade Commission and an early Christmas present to LabMD, Inc. in the ongoing David and Goliath battle between the...more

WilmerHale

Eleventh Circuit Grants Stay of FTC Order Against LabMD, Calling into Question FTC’s Interpretation of “Unfairness” Authority...

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On November 10, the US Court of Appeals for the Eleventh Circuit granted LabMD’s motion to stay enforcement, pending appeal, of a Federal Trade Commission (FTC) order against the company for its allegedly deficient data...more

Patterson Belknap Webb & Tyler LLP

LabMD Scores Early Win in FTC Appeal

The fight between the Federal Trade Commission and LabMD, the defunct medical testing lab, entered a new chapter late yesterday. In a 13-page ruling, the U.S. Court of Appeals for the Eleventh Circuit said that LabMD’s...more

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2016 #3

ANA, 4As Battle Over Transparency Guidance - Two industry groups are engaging in a public battle over transparency. The dispute began when a joint task force was formed between the American Association of...more

Robinson+Cole Data Privacy + Security Insider

LabMD Seeks Stay of FTC’s Final Order Pending Appeal

Not surprisingly, on August 30, 2016, LabMD filed its Application for a Stay of the Final Order of the Federal Trade Commission (FTC) pending review of the order by the appellate court. But since the matter is still pending...more

Cozen O'Connor

FTC Overturns ALJ’s LabMD Decision and Reasserts its Role as a Data Security Enforcer

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On July 29, 2016, the Federal Trade Commission (“FTC” or “Commission”) reversed an FTC administrative law judge’s (“ALJ”) opinion which had ruled against the FTC, finding that the Commission had failed to show that LabMD’s...more

BakerHostetler

Unanimous FTC Finds LabMD’s Data Security Practices Violated Section 5 of the FTC Act

BakerHostetler on

On July 29, 2016, a unanimous Federal Trade Commission (“FTC” or “Commission”) issued its Opinion and Final Order reversing the decision of an administrative law judge (“ALJ”) and holding that LabMD engaged in “unfair”...more

Snell & Wilmer

The FTC Rules Against LabMD in On-Going Data Security Case

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The lengthy saga between the Federal Trade Commission (FTC) and LabMD, Inc. reached another turning point on July 28, 2016. The FTC issued its unanimous Opinion in which it found that LabMD’s data security practices were...more

King & Spalding

FTC Expands Its Role In Cybersecurity Enforcement By Reviving LabMD Action

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On Friday, July 29, 2016, the Federal Trade Commission (“FTC” or the “Commission”) overturned the decision of one of its administrative law judges (“ALJ”) from November 2015 in a suit against LabMD, Inc., now finding LabMD...more

Alston & Bird

FTC Overrules LabMD Dismissal, Finds Unfair Data Security Practices

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The FTC issued an Opinion and Final Order reversing the previously dismissed charges against LabMD on July 29. FTC Administrative Law Judge (ALJ) D. Michael Chappell had dismissed the case against LabMD on November 13, 2015...more

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