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Monitorships – A Resource for AGs and Regulated Businesses Alike

Recently, a matter involving the North Carolina Attorney General (AG) Josh Stein made headlines when it was announced that Affiliated Monitors Inc. would take over monitorship of HCA Healthcare. This relates to HCA’s...more

FTC to Hold Hearing on Proposed Rule to Ban Fake Reviews

Most products with an online marketing presence generally have “customer reviews.” However, today’s consumers cannot always trust that those reviews are from real purchasers or provide honest feedback about the quality of a...more

Are FOIA Laws in Need of Updating?

The federal government, the District of Columbia, and each of the 50 states have Freedom of Information Act (FOIA) laws that allow individuals to file requests for specific public documents with government agencies and...more

Important Policy Implications of Rudisill v. McDonough

Introduction - In Rudisill v. McDonough, 55 F.4th 879 (Fed. Cir. 2022), the en banc U.S. Court of Appeals for the Federal Circuit broke the core promise of “GI Bills” for post-9/11 era veterans by, for the first time in...more

Could PPP Lenders Be Liable for Borrower Misrepresentations?

On December 8, the U.S. Small Business Administration (SBA) issued a statement regarding its intent to investigate certain participants in the Paycheck Protection Program (PPP) created by the Coronavirus Aid, Relief, and...more

AGs Support FTC’s Potential Commercial Surveillance and Data Security Crackdown

On November 17, 33 state attorneys general (AGs) submitted a comment letter to the Federal Trade Commission (FTC), supporting its contemplated new efforts in the corporate surveillance and data security space. The AGs’ public...more

SEC Warns Auditors to Take Their Role and Independence Seriously

The Securities and Exchange Commission (SEC) protects investors and maintains a fair, orderly, and efficient marketplace. While the SEC has historically focused its enforcement efforts on public companies, recent...more

FTC Makes Good on Its Promise to Ramp up Right-to-Repair Enforcement

As detailed in our articles earlier this year, the “right to repair” movement has gained significant steam in the last year. The right to repair movement is an effort focused on ensuring that consumers and aftermarket...more

Ninth Circuit Provides Guidance on Web Scraping

On April 18, the Ninth Circuit issued its opinion in hiQ Labs, Inc. v. LinkedIn Corporation in which the court clarified its position on an important topic: whether the common practice of data “web scraping” can create...more

Judge Ketanji Brown Jackson's FOIA Record

On February 25, President Biden nominated Judge Ketanji Brown Jackson of the Court of Appeals for the District of Columbia to fill the vacancy on the Supreme Court created by Justice Stephen Breyer’s retirement. Judge...more

President Biden Doubles Down His Support for “Right-to-Repair” Movement

Last month President Joe Biden made headlines when he reiterated his support for “right-to-repair” rules, which he first announced in a July 2021 executive order (discussed in our previous article here). The executive order...more

State AGs Lead the Way in False Advertising Enforcement

Advertisements are everywhere. As we are constantly bombarded with information about the latest trends in every area from health and nutrition to finance and technology, it can be difficult to determine what information we...more

FTC Releases 2022 Statement of Regulatory Priorities

Last month, the Federal Trade Commission (FTC or Commission) published its Statement of Regulatory Priorities (Statement), announcing its regulatory agenda for 2022. The Statement suggests that the agency will focus largely...more

Changes Ahead for Social Media Regulation?

On December 8, Instagram CEO Adam Mosseri appeared before the Senate Subcommittee on Consumer Protection, Product Safety, and Data Security to answer questions about the social media platform’s effects on children and teens....more

How the U.S. Senate's Proposed Amendments to the Federal False Claims Act Could Influence State False Claims Acts Nationally

On October 28, 2021, a majority of members on the Senate Judiciary Committee voted 15-7 to advance to the full U.S. Senate a bipartisan bill that would make a number of amendments to the federal False Claims Act (FCA). These...more

Supreme Court Hears Argument on a State Attorney General’s Authority to Defend State’s Laws

On October 12, the U.S. Supreme Court heard oral argument in the case Cameron v. EMW Women’s Surgical Center, P.S.C., an appeal from the Sixth Circuit. Plaintiff abortion providers (collectively, “EMW”) initiated this case,...more

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