In a case argued by Wiley attorneys on behalf of the Firearms Regulatory Accountability Coalition (FRAC), SB Tactical, B&T USA, and Richard Cicero, the Eighth Circuit issued a 2-1 opinion in FRAC v. Garland finding that the...more
Last week the U.S. Supreme Court held in SEC v. Jarkesy that a defendant in a securities fraud suit has the right to be tried by a jury in an Article III court, rather than before an agency’s own tribunal. The Court’s...more
7/11/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article III ,
Civil Monetary Penalty ,
Enforcement Actions ,
Jury Trial ,
OSHA ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Seventh Amendment
Last week, in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, the U.S. Supreme Court held that the six-year statute of limitations that applies to facial challenges of agency action under the...more
On Friday, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court held that federal agencies are no longer entitled to deference when they interpret ambiguous statutes. Loper Bright thus overrules an earlier Supreme...more
7/2/2024
/ Administrative Procedure Act ,
Artificial Intelligence ,
Chevron Deference ,
Chevron v NRDC ,
FTC Act ,
Government Agencies ,
Hobbs Act ,
Judicial Authority ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
Media ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Seventh Amendment ,
Statutory Interpretation ,
Telecommunications
On May 16, 2024, the U.S. Supreme Court issued its decision in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd. In an opinion by Justice Thomas, the Court held, 7-2, that...more
Over the weekend, lawmakers unveiled the latest push for a federal privacy law – the American Privacy Rights Act (APRA). The bill was circulated as a discussion draft by Sen. Maria Cantwell (D-WA), Chair of the Senate...more
4/11/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Federal Trade Commission (FTC) ,
FTC Act ,
Government Entities ,
Minors ,
Nonprofits ,
Privacy Framework ,
Private Right of Action ,
Right to Delete ,
Right-To-Access ,
Small Business ,
Social Media ,
Third-Party Service Provider ,
Transparency
States around the country have been enacting laws to regulate the internet in the name of children’s safety. Several of these regulatory schemes have been preliminarily enjoined because they burden free speech and raise other...more
On February 15, 2024, the Federal Trade Commission (FTC) issued a Supplemental Notice of Proposed Rulemaking (SNPRM) that proposes to hold liable entities that provide “goods or services” used by fraudsters to illegally...more
On February 9, 2024, a California appellate court reversed a state trial court decision that delayed enforcement of California Privacy Rights Act (CPRA) regulations by one year. The CPRA—an approved ballot initiative that...more
This month, the U.S. Supreme Court heard argument in a pair of cases that have the potential to profoundly alter the landscape of technology regulation in the United States: Loper Bright Enterprises v. Raimondo and...more
2/5/2024
/ Ambiguous ,
Artificial Intelligence ,
Broadband ,
Chevron Deference ,
Chevron v NRDC ,
Federal Trade Commission (FTC) ,
Kisor v Wilkie ,
Loper Bright Enterprises v Raimondo ,
Oral Argument ,
Popular ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Separation of Powers ,
Statutory Interpretation ,
TCPA ,
Technology
There has been a lot of coverage about the Federal Communications Commission’s (FCC and Commission) new and expansive data breach notification Order, approved on a 3-2 vote at the Commission’s December 13 Open Meeting. Much...more
A recent spate of successful legal challenges has provided some relief from the ever-swelling wave of state privacy laws. The legal bases of these challenges vary, but taken together, they highlight that state privacy laws –...more
10/6/2023
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
COPPA ,
Corporate Counsel ,
Data Collection ,
Data Management ,
Data Protection Impact Assessments (DPIAs) ,
First Amendment ,
New Regulations ,
Online Safety for Children ,
State Privacy Laws
On Thursday, September 28, 2023, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) that, if adopted, would comprehensively regulate broadband in the United States....more
10/2/2023
/ Business Conduct Standards ,
Communications Act 2003 ,
Cyber Threats ,
Cybersecurity ,
FCC ,
Infrastructure ,
Internet Service Providers (ISPs) ,
Net Neutrality ,
NPRM ,
Open Internet Rules ,
Telecommunications ,
Title I ,
Title II
In a new Notice of Proposed Rulemaking (NPRM), the Federal Communications Commission (FCC) imposes a short comment deadline for a complex new cybersecurity labeling regime for Internet of Things (IoT) devices. The NPRM also...more
Public companies will soon face new cybersecurity disclosure requirements from the Securities and Exchange Commission (SEC), which voted last week to approve a controversial new cybersecurity rule. The final rule—which is...more
8/2/2023
/ Corporate Governance ,
Cyber Incident Reporting ,
Cybersecurity ,
Disclosure Requirements ,
Final Rules ,
Form 10-K ,
Form 8-K ,
Publicly-Traded Companies ,
Regulation S-K ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC)
California Attorney General Rob Bonta (California AG) recently announced that his office issued several inquiry letters to large California employers requesting information about their compliance with the California Consumer...more
On Friday, June 30, 2023, a California state superior court ruled that any California Privacy Rights Act (CPRA) regulation may not be enforced until one year after the regulation is promulgated. Practically speaking, this...more
The Supreme Court’s OT 2022 docket is shaping up to be another significant term. Although the Court will continue to take up more petitions in the coming months, its current docket is already poised to have significant...more
10/6/2022
/ Certiorari ,
Communications Decency Act ,
Consumer Privacy Rights ,
Data Security ,
Federal Trade Commission (FTC) ,
Google ,
Privacy Laws ,
SCOTUS ,
Section 230 ,
Social Media ,
Technology Sector
This term, in West Virginia v. EPA, the U.S. Supreme Court held that the U.S. Environmental Protection Agency (EPA) could not compel a nationwide shift away from coal-powered electricity generation. The Court reasoned that it...more
The National Institute of Standards and Technology (NIST) has been an active driver of Internet of Things (IoT) cybersecurity efforts for several years, convening stakeholders from the federal government and the private...more
The Supreme Court heard oral arguments in AMG Capital Management v. FTC, a case in which the Court will decide whether the Federal Trade Commission (FTC or Commission) is able to obtain equitable monetary relief when it sues...more
On November 17, 2020, by unanimous consent, the United States Senate passed bipartisan legislation to secure internet connected devices—The Internet of Things (IoT) Cybersecurity Improvement Act of 2020. This bill, which was...more
In the Supreme Court’s October 13 Order List, Justice Thomas issued a statement regarding the denial of certiorari in a case out of the Ninth Circuit—Malwarebytes Inc. v. Enigma Software Group USA, LLC—that we have previously...more
Wiley’s Election Law partner Brandi Zehr sits down with TMT partner Scott Delacourt and associate Boyd Garriott to discuss the impact of the Telephone Consumer Protection Act (TCPA) on political campaigns, the regulatory risk...more
Last week, in FTC v. AbbVie et al., the Third Circuit joined the Seventh Circuit in holding that the Federal Trade Commission (FTC) was not authorized to seek disgorgement as a remedy under Section 13(b) of the FTC Act –...more
10/6/2020
/ AbbVie ,
Anti-Competitive ,
Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Civil Monetary Penalty ,
Corporate Counsel ,
Disgorgement ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Pharmaceutical Industry ,
SCOTUS