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Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

GDPR is Here: How EU Privacy Regulations Impact U.S. Business

The General Data Protection Regulation (GDPR) takes effect in the European Union (EU) on May 25, 2018. Although U.S. businesses may think that EU regulations do not apply to them, GDPR extends to any entity that collects,...more

Financial Services Weekly News - March 2018 #2

by Goodwin on

Editor's Note - Judge Rules for Defendants in Mutual Fund Excessive Fee Lawsuit. On March 9, the U.S. District Court for the Southern District of Ohio entered summary judgment for defendants in an action brought under...more

WARNING: Proposition 65 Farce About to Repeat Itself for Vulnerable Foods and Flavorings

by Morrison & Foerster LLP on

Plaintiffs have begun serving Proposition 65 notices of violation alleging unwarned exposures to furfuryl alcohol (FFA). Like acrylamide, which has been the subject of significant Proposition 65 litigation already, FFA is...more

Web Hosting Services: Are They Secure?

by Morgan Lewis on

A recent report issued by the Federal Trade Commission (FTC) found that some web hosting services marketing their services to small businesses are not providing email authentication and anti-phishing technologies as part of...more

Financial Services Weekly News - March 2018

by Goodwin on

Editor's Note - In This Issue. The Consumer Financial Protection Bureau (CFPB) issued a request for information regarding the consumer complaint reporting process, marking the sixth request in a series of RFIs; the House...more

Understanding GDPR’s Breach Disclosure Starts with Who Owns PII

by NAVEX Global on

In February, Congress held a hearing on data breach disclosure rules. For two hours, members of the Subcommittee on Financial Institutions and Consumer Credit wrestled with when companies should disclose a breach, what they...more

SEC Reinforces and Elevates Cybersecurity Guidance; Board Oversight of Cybersecurity at the Forefront

by King & Spalding on

On February 21, 2018, the Securities and Exchange Commission (“SEC”) published interpretive guidance on public company cybersecurity disclosures. While the new guidance confirms the SEC’s intensified focus on cybersecurity...more

Nutter Bank Report, February 2018

Small Bank Holding Company and Qualified Mortgage Regulatory Relief Bills Pass House The U.S. House of Representatives has passed two regulatory relief bills with bipartisan support, one of which would raise the ceiling on...more

SEC Reiterates Cybersecurity Guidance and Provides Color on Disclosure Implications

by Goodwin on

On February 20, 2018, the Securities and Exchange Commission published Commission Statement and Guidance on Public Company Cybersecurity Disclosures (the “Release”), which states the Commission’s interpretive views on...more

Financial Services Weekly News - February 2018 #2

by Goodwin on

Editor's Note - In This Issue. The Consumer Financial Protection Bureau (CFPB) released its five-year Strategic Plan and issued a request for information on its enforcement processes; the New York State Department of...more

Upcoming SEC Open Meeting

On February 14, 2018, the Securities and Exchange Commission announced that it will hold an open meeting on February 21st at 10 a.m. to consider various matters, including whether to approve the issuance of an interpretive...more

The Federal Reserve Imposes Limits on a National Bank’s Growth

by Weiner Brodsky Kider PC on

On February 2, 2018, the Federal Reserve (the “Fed”) announced a consent order with one of the country’s largest banks, that orders the bank to halt growth until it improves its corporate governance and risk management....more

Business Litigation Report - January 2018

January 2018: Federal Circuit Issues Important Decision On Written Description And Enablement In Amgen Inc. v. Sanof - In Amgen Inc. v. Sanofi, 872 F.3d 1367 (Fed. Cir. 2017), the Federal Circuit acknowledged the relevance...more

Upcoming Investor Advisory Committee Meeting

The Securities and Exchange Committee announced the agenda for the March 8, 2018 meeting of its Investor Advisory Committee, which will include, among other things, a discussion of dual class share structures and...more

Small Business, Big Risk: Cybersecurity Threats Facing Small and Medium-Sized Businesses

by Morgan Lewis on

When it comes to cybersecurity and data breaches, smaller businesses do not necessarily make less likely targets. According to a recent report on the state of cybersecurity in small and medium-sized businesses by the Ponemon...more

Amended California Law Expands Requirements for Consumer Subscriptions

by Morrison & Foerster LLP on

Subscription and other automatic renewal offers are heavily regulated at both the federal and state levels. A recent amendment to California’s law provides a good opportunity for businesses to review their practices. As of...more

Financial Services Weekly News - January 2018 #4

by Goodwin on

Editor's Note - Breaking News. This morning, the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, issued its long-awaited decision in PHH Corp. v. CFPB, holding that the provision of the Dodd-Frank Act...more

Amendments to China’s Anti-Unfair Competition Law: Strengthening the Rule of Law in an Increasingly Complex Marketplace

by Morgan Lewis on

Background - On September 2, 1993, the Third Session of the Standing Committee of the Eighth National People’s Congress (NPC) passed the Anti-Unfair Competition Law (AUCL). On November 4, 2017, the Thirtieth Session of the...more

Hart-Scott-Rodino Annual Report for Fiscal Year 2016: Increases in Filings and Second Requests, Impact on Executive Stock...

by Perkins Coie on

The Hart-Scott-Rodino Annual Report Fiscal Year 2016 , published last year by the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ), summarizes FTC and DOJ actions conducted under the Hart-Scott-Rodino...more

GDPR Requirements Force a Privacy Reboot Everywhere, Especially in Legal

by NAVEX Global on

There’s this thing called the General Data Protection Regulation or GDPR. Perhaps you’ve heard of it? Few regulatory changes have inspired more anxiety or frenzied activity than the EU’s new privacy rules. Scheduled to go...more

Financial Services Weekly News - January 2018 #3

by Goodwin on

Editor's Note - “Humility and Prudence” at the CFPB. In a memo to employees of the Consumer Financial Protection Bureau (CFPB) later turned into a Wall Street Journal op-ed, Acting CFPB Director Mick Mulvaney articulated his...more

Settlement Offers Guidance on What “Reasonable” Security Means Under COPPA

The FTC’s COPPA Guidance does an admirable job explaining the basics of what a business needs to do to comply with COPPA, but is vague as to how a business must protect personal information collected from children. The COPPA...more

Regulatory Changes Ahead: The 2018 Landscape for Technology Businesses in Europe

by Morrison & Foerster LLP on

Summary - The European Union has published its 2018 Work Programme which sets out a challenging agenda of legislative and regulatory change for the technology, media and telecoms (TMT) sectors, to be delivered in...more

D.C. Circuit Upholds OSHA Silica Rule

by King & Spalding on

The U.S. Occupational Safety and Health Administration (OSHA) recently promulgated a new rule for respirable crystalline silica, with compliance obligations for the general industry beginning on June 23, 2018. Some industries...more

Makeup Shake Up: Potential New Federal Cosmetics Regulations

“Make fine lines and wrinkles disappear!” “Reduce the visibility of fine lines and wrinkles!” At first read, these claims sound one in the same. But for decades, a slight difference in phrasing of cosmetics claims—created...more

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