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International Legal Highlights / Spring, 2024

DOJ DOUBLES DOWN ON CORPORATE ENFORCEMENT WITH NEW WHISTLEBLOWER PROGRAM - During the 2024 American Bar Association National Institute on White Collar Crime (the 2024 White Collar Conference) earlier in March US Attorney...more

Kentucky Lawmakers Close in on Comprehensive Privacy Law

Consult our interactive state privacy law map to learn more about all of the enacted state consumer privacy laws. Kentucky may soon join the expanding list of states with comprehensive privacy laws. Kentucky House Bill...more

How the New PCI DSS 4.0 Will Impact the Automotive Industry

The automotive industry is experiencing a shift to an e-commerce model through direct interactions with the customer to accept credit card payments. This innovation allows drivers and passengers to make payments for products...more

And Then There Were Seven: Indiana Passes Consumer Privacy Bill

With the end of several state legislative sessions on the horizon, it is perhaps unsurprising that we are seeing an uptick in state legislatures passing consumer (or health) data privacy laws. You can now count Indiana among...more

Justices Interpret BIPA to Include ''Crippling Liability' for Illinois Businesses

On February 17, 2023, the Illinois Supreme Court ruled in Cothron v. White Castle System, Inc., 2023 IL 128004, that claims accrue under the Illinois Biometric Information Privacy Act (BIPA) each time data is collected and...more

BIPA Broader, Plaintiffs Bolder after Latest Defense Setback at Illinois’ Highest Court

On February 2, 2023, the Illinois Supreme Court held that all causes of action brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/1 et seq., are subject to a five-year statute of limitations....more

The Next Frontier in Privacy Class Actions: Video Players, Session Replay and Chatbots

The Plaintiffs’ Bar is well-known for pushing the boundaries of existing (and sometimes very old) laws with new and novel privacy claims. The most recent targets of this trend are (1) the Video Privacy Protection Act (VPPA),...more

New Proposed CCPA Regulations Add Clarity to Process for Opting Out of Sale of Personal Information

On October 12, 2020, the California Department of Justice announced the release of a new, third set of proposed modifications to the California Consumer Privacy Act (CCPA) regulations. The proposed modifications amend a final...more

Proposed CCPA Regulations Add Clarity to Consumer Opt-Out Rights

On October 12, 2020, the California Department of Justice announced the release of a new, third set of proposed modifications to the California Consumer Privacy Act (CCPA) regulations. The proposed modifications amend a final...more

Importance of CCPA Compliance Highlighted by First Round of Private Actions

The first wave of California Consumer Privacy Act litigation has begun to roll in, and the complaints are already raising interesting questions about the scope of CCPA’s private right of action. The actions assert a variety...more

Privacy in a Global Pandemic: Analysis of COVID-19 Guidance by Data Protection Authorities

The Coronavirus (COVID-19) continues its spread across the globe and—along with the clear public health and economic concerns—is raising numerous questions regarding privacy and data security. Data protection authorities...more

CCPA Has Just Gone Into Effect, But Businesses May Need to Prepare for a New California Privacy Law

The California Consumer Privacy Act (CCPA) is barely a week old, but movement has already started on a new California privacy law. Here, we discuss key provisions of the newly proposed ballot initiative called the California...more

Though CCPA Is Now Live, Questions Concerning Its Constitutionality Linger

As businesses have scrambled to obtain compliance with the California Consumer Privacy Act (CCPA) in recent months, questions surrounding its constitutionality have arisen. As a broad, sometimes unclear state law that imposes...more

FTC Ratchets up Scrutiny on Pharmaceutical Deals

WHAT HAPPENED: • Recent developments indicate that pharmaceutical deals are attracting greater scrutiny from the Federal Trade Commission (FTC). • In September 2019, FTC Chairman Joseph Simons reportedly stated that the...more

The Latest: Changes Coming to Revenue Reporting for HSR Filings

What Happened: • The Federal Trade Commission (FTC), along with the Antitrust Division of the Department of Justice (DOJ), approved amendments to the Hart-Scott-Rodino (HSR) Rules and the instructions for completing the HSR...more

Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws

Last week, in Connecticut Fine Wine and Spirits LLC v. Seagull, the US Court of Appeals for the Second Circuit affirmed a lower court’s motion to dismiss a lawsuit from Total Wine & More challenging parts of Connecticut’s...more

THE LATEST: AAG Delrahim Withdraws Statement on Remedies for Standards-Essential Patents Subject to Voluntary FRAND Commitments,...

In a December 7 speech before the Berkeley-Stanford Advanced Patent Law Institute, the US Department of Justice Antitrust Division (DOJ) Assistant Attorney General Makan Delrahim (AAG Delrahim) announced that the DOJ will...more

THE LATEST: FTC Submits Comment on FDA Guidance Aimed at Deterring Abuse of Citizen Petition Process

The Federal Trade Commission (FTC) submitted comments supporting the Food and Drug Administration’s (FDA) guidance for assessing whether a pharmaceutical company petitioner is misusing the citizen petition process to delay...more

New FTC Interpretation Will Require HSR Act Filing for Many Hospital Affiliation Transactions

The Premerger Notification Office (PNO) of the Federal Trade Commission (FTC) recently formalized a new position on Hart-Scott-Rodino Act (HSR Act) reporting obligations for certain not-for-profit, non-stock transactions. The...more

Antitrust M&A Snapshot - August 2018

McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise...more

California Enacts a Groundbreaking New Privacy Law

California’s Senate and Assembly unanimously approved AB 375 (also known as the California Consumer Privacy Act of 2018), on June 28, 2018. This new consumer privacy bill will be the most progressive and comprehensive privacy...more

THE LATEST: US Steel’s Section 337 Antitrust Claim Rejected by ITC Commissioners

The US International Trade Commission (ITC) issued an opinion dismissing United States Steel Corporation’s antitrust claim made under Section 337 of the Tariff Act of 1930 against several Chinese steel manufacturers or...more

FTC Alleges Another Price Discrimination Market – Seeks to Block Wilhelmsen’s Acquisition of Drew Marine

The Federal Trade Commission (FTC) recently announced that it has challenged a merger between Wilhelmsen Maritime Services (Wilhelmsen) and Drew Marine Group (Drew) because of an overlap in service to “global fleet...more

THE LATEST: Divestitures of Complex Pipeline Pharmaceutical Products off the Table at the FTC

WHAT HAPPENED: - Bruce Hoffman, acting director of the Bureau of Competition at the Federal Trade Commission (FTC), announced that the FTC will no longer accept divestitures of inhalant and injectable pipeline drugs in...more

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