Latest Publications

Share:

Made in USA Claims Continue to Hold FTC’s Attention

On July 2, 2024, the Federal Trade Commission (FTC) announced in a blog post that it was releasing a refreshed version of its guidance on “Complying with the Made in USA Standard.” The guidance had not been updated since...more

FTC Issues Largest Fine in Made in USA Enforcement — but Seeks to Collect Much Less

On Dec. 6, 2023, the Federal Trade Commission (FTC) announced a Decision Containing Consent Order (Proposed Order) against ExotoUSA LLC DBA Old Southern Brass and its owner, Austin Oliver....more

FTC Continues Tough “Made in USA” Enforcement Even Where Labeling Rule Is Not Violated

On June 26, 2023, the Federal Trade Commission (FTC) announced an Agreement Containing Consent Order (Proposed Order) against a group of leather and other clothing accessories companies — Chaucer Accessories, Bates...more

National Labor Relations Board Alleges Student-Athletes Are Employees of Private University, Pac-12, NCAA

As McGuireWoods reported in December 2022, the National Labor Relations Board (NLRB) regional office in Los Angeles found an unfair labor practice charge filed by the National College Players against the NCAA, Pac-12...more

5/22/2023  /  Colleges , NCAA , NLRA , NLRB , Student Athletes , Universities

FTC Issues Largest Fine in Made in USA Enforcement, Stopping Motocross Parts Company in Its Tracks

The Federal Trade Commission (FTC) continues to aggressively enforce its Made in USA Labeling Rule and Section 5 of the FTC Act and seek significant monetary penalties, this time in the market for motocross and all-terrain...more

Student-Athlete Name, Image and Likeness Framework Continues to Evolve

In November 2022, McGuireWoods reported on the evolving framework surrounding student-athletes’ ability to profit from their names, images and likenesses (NIL). Recent developments have given new life to the NIL legal...more

Made in USA? FTC and USDA Stand Ready to Check

The Federal Trade Commission (FTC) continues to enforce its Made in USA Labeling Rule, which has been in effect since Aug. 13, 2021. In August 2022, McGuireWoods reported some lessons learned from one year under the labeling...more

DOJ Antitrust, HHS Enter 2023 With New Memorandum of Understanding, Coordinated Enforcement

On Dec. 9, 2022, the Antitrust Division of the U.S. Department of Justice (DOJ) and the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) signed a memorandum of understanding...more

FTC Brings Fourth Enforcement Action Under Made in USA Labeling Rule

On Aug. 9, 2022, the Federal Trade Commission (FTC) announced that it had referred a complaint to the U.S. Department of Justice alleging that Axis LED Group LLC, ALG-Health LLC and the individual who controls the companies...more

TCPA Defendants Defeat Class Certification, Novel Autodialer Arguments; Lose Supreme Court Bid

The 7th U.S. Circuit Court of Appeals recently served up a defense victory by ruling that defendants do not carry the burden of proof at class certification, even on issues where defendants would bear the burden on the...more

President Biden Signs Executive Order Targeting Employee Noncompete Agreements

On July 9, 2021, President Joe Biden issued an executive order aimed at restricting the use of noncompete agreements by private employers. The order calls on the Federal Trade Commission (FTC) to adopt new rules to...more

Forthcoming Executive Order Targets Employee Noncompete Agreements

At a press briefing on July 7, 2021, the White House announced that President Joe Biden plans to issue an executive order aimed at restricting the use of noncompete agreements by private employers....more

TCPA Standing: A New Circuit Split and Other Developments

Two U.S. Circuit Courts of Appeals recently weighed in on what it takes to establish standing to pursue a Telephone Consumer Protection Act (TCPA) claim. The 5th Circuit held that receipt of one unwanted text message is...more

U.S. Supreme Court Adopts Narrow Autodialer Definition in 9-0 Defense Victory

On April 1, 2021, the U.S. Supreme Court issued its long-awaited opinion in Facebook v. Duguid, which resolved a circuit split regarding the meaning of “automatic telephone dialing system” (autodialer or ATDS) under the...more

U.S. Supreme Court Signals Narrow Interpretation of TCPA’s Autodialer Definition

On Dec. 8, 2020, the U.S. Supreme Court heard long-awaited oral argument in Facebook v. Duguid on what constitutes an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA)....more

Novel Arguments Could Help Defend Against Expansive TCPA Liability

Did the U.S. Supreme Court ruling in Barr v. American Association of Political Consultants wipe out nearly five years of liability under the Telephone Consumer Protection Act (TCPA)? One district court answered yes. Does the...more

SCOTUS to Resolve Autodialer Circuit Split

The meaning of “automatic telephone dialing system” (ATDS or “autodialer”) under the Telephone Consumer Protection Act (TCPA) has sharply divided courts, but businesses will soon have clarity. The U.S. Supreme Court on July...more

Is the TCPA Unconstitutional and Other Controversies Percolating in the Courts

The global pandemic has not prevented courts from addressing a host of controversial TCPA topics, starting with the biggest controversy of all: whether the Telephone Consumer Protection Act itself is unconstitutional. The...more

Most COVID-19 Calls Are Not an “Emergency Purpose,” and Other Unexpected Developments

The COVID-19 pandemic has impacted nearly every facet of society in unpredictable ways, and the laws and regulations governing calls and text messages are no exception. The Federal Communications Commission (FCC) issued a...more

Lopsided Circuit Split Favors Narrow Definition of Autodialer

As additional appellate courts grapple with the TCPA’s definition of “automatic telephone dialing system” (ATDS), the split among the U.S. Circuit Courts of Appeals has become increasingly lopsided, with the 7th and 11th...more

FTC Announces 2020 Changes to Hart-Scott-Rodino Filing Thresholds

On Jan. 28, 2020, the Federal Trade Commission announced revised thresholds for pre-merger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). These thresholds determine whether companies are...more

21 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide