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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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
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
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
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