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Antitrust and Artificial Intelligence: ‎The FTC Identifies Competition Concerns in Generative AI ‎Markets

On June 29, 2023, the Federal Trade Commission’s Bureau of Competition and Office of Technology published a blog identifying key segments in the artificial intelligence (AI) space where competition concerns may arise. For...more

Check Your Phone: States Continue to Enact Mini-TCPAs

Companies that use the latest technology to contact customers and prospects by telephone or text messages breathed a huge sigh of relief after the United States Supreme Court issued its decision in Facebook, Inc. v. Duguid...more

Standing on Thin Ice? New Guidance on Standing for Data Breach Claims

Who has standing to bring claims for alleged statutory violations of privacy and cybersecurity statutes? There is no easy answer to this question. In Spokeo, Inc. v. Robins, the Supreme Court explained that just because a...more

Where Statutory Privacy Claims Stand After Spokeo: Shaky Ground or Clear Path for Standing?

Following Spokeo, Inc. v. Robins,1 lower courts across the country were tasked with applying the Supreme Court’s “concrete” injury standard to a wide range of privacy and cyber claims. These claims range from the improper...more

Beyond Borders: COVID-19 Highlights the Potential Widespread Impact of the Illinois Biometric Information Privacy Act (“BIPA”)

The COVID-19 pandemic created a new normal for Americans—one where family members of all ages work and go to school from home. Businesses and schools have turned to technology to facilitate remote work and e-learning. ...more

DOJ and FTC Set Sights on Labor Market Collusion: COVID-19 Pandemic Leads to Increased Scrutiny of No-Poaching and Wage-Fixing...

“Even in times of crisis, we choose a policy of competition over collusion.” -Assistant Attorney General Makan Delrahim, Department of Justice, Antitrust Division. As the COVID-19 crisis continues to weaken the American...more

Merchants Beware: Price Increases Caused by the COVID-19 Pandemic May Trigger Aggressive Enforcement of State Price-Gouging Laws

Antitrust laws generally are aimed at preserving free and unfettered competition. They rest on the underlying premise that unrestrained competitive forces will yield the best allocation of our economic resources, the lowest...more

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