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by BakerHostetler on

The Digital Millennium Copyright Act (DMCA) includes a safe harbor provision that protects appropriately registered online service providers from potential secondary liability for the infringing acts of others. Ironically, in...more

Article 29 Working Party Sets Deadline to Address Privacy Shield Concerns

by Hogan Lovells on

Hot on the heels of the European Commission’s official review of the functioning of the EU-U.S. Privacy Shield framework, the Article 29 Working Party (Working Party) of EU data protection regulators has issued its own report...more

Ascertainability & In Re Nexium – The Side-Effects Continue

by Pierce Atwood LLP on

As various contributors to this blog have noted, a divided panel of the First Circuit adopted a “loose” approach to the ascertainability requirement in In re Nexium Antitrust Litigation. Specifically, while acknowledging...more

Third Circuit Splits with the Seventh Over Standing To Sue For Alleged Inefficient Design of Eye Drop Dispenser

In a surprising decision and split with the Seventh Circuit, the Third Circuit recently held that plaintiffs have standing to sue for unfair trade practices under the theory that a manufacturer is obligated to optimize the...more

The French Competition Authority Wants to Lower Prices of Pharmaceuticals

by Hogan Lovells on

On November 21, 2017, the French Competition Authority (“FCA”) announced the launch of a new sector inquiry relating to the functioning of competition in the pharmaceutical sector....more

Antitrust, Competition and Economic Regulation Quarterly Newsletter - Autumn 2017

by Hogan Lovells on

First come, first served. That’s not the principle behind the clearance of Bitcoin transactions. Equally for other blockchain technology networks, the relevant factor to get a transaction on the next available block is not...more

The French Competition Authority wants to lower prices of pharmaceuticals

by Hogan Lovells on

On November 21, 2017, the French Competition Authority ("FCA") announced the launch of a new sector inquiry relating to the functioning of competition in the pharmaceutical sector....more

Indirect Purchasers Cannot Sue Qualcomm Under Federal Law, But State Law Claims Survive

A federal judge in California has refused to allow indirect purchasers of semiconductor chips—i.e., cell phone consumers—to bring claims against Qualcomm under federal antitrust law....more

To Disclose or Not To Disclose: The FTC’s Dueling Concurrences over Deceptive Omissions in Lenovo

On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo, Inc., regarding the company’s practice of pre-loading advertising software on its...more

Sears Petitions FTC to Reopen and Modify 2009 Order Concerning Online Browsing Tracking

The Federal Trade Commission (FTC) is seeking public comment on a petition by Sears Holding Management requesting that the FTC reopen and modify a 2009 FTC order settling charges that Sears failed to disclose adequately the...more

Northern District of California Drops FTC Unfairness Claim Against D-Link Systems

The U.S. District Court for the Northern District of California recently issued a mixed ruling on D-Link Systems’ motion to dismiss in FTC v. D-Link Sys., Inc. D-Link sells routers and Internet protocol (IP) cameras that it...more

#MarketingLaw – Fake News, Auto-Renewal Subscription Plans, Influencers and the Latest from the FTC

by Dorsey & Whitney LLP on

We are back from the 2017 ANA/BAA Marketing Law Conference, Break Through: Legal Strategies for Dynamic Businesses. It was a great three days in Chicago of educational seminars and networking with colleagues, clients, friends...more

Keep It Concrete, Ad Groups Urge FTC

In new comments filed in advance of a workshop on “informational injury,” a coalition of advertising groups encouraged the Federal Trade Commission to take action in cases involving privacy or data security issues only when...more

Ad Groups Ask FTC To Focus On Concrete Injuries, Not Subjective Emotional Distress

by King & Spalding on

Several advertising groups recently filed comments with the Federal Trade Commission (“FTC”) urging the organization to pursue enforcement actions only against security and privacy practices that cause “concrete injuries” to...more

FTC’s New COPPA Guidance on Recording Children’s Voices: Five Tips for App Developers and Toymakers to Comply

by Fenwick & West LLP on

The Federal Trade Commission on October 23, 2017, provided guidance on how it will enforce the Children’s Online Privacy Protection Act (COPPA) with respect to audio recordings of children. This comes as part of a wave of...more

Voice-Activated Devices May Collect Audio from Children

by Morgan Lewis on

A new FTC policy eliminates the requirement to obtain parental consent to collect a recording of a child’s voice in certain circumstances....more

FTC Speaks Out on Children’s Voice Recordings

In a new Enforcement Policy Statement, the Federal Trade Commission (FTC) decreased the burden for operators with regard to the collection of certain audio voice recordings of children under the age of 13....more

Terms and Conditions Land Online Trader in Difficulty in Australia

by Jones Day on

The Ruling: A computer retailer was order to pay a fine for violating the Australian Consumer Law. The Impact: Businesses must ensure that the terms and conditions in their warranty notices comply with the law, or risk an...more

What blockchain can learn from the net neutrality debate: antitrust and regulatory aspects of “paid prioritization” for a nascent...

by Hogan Lovells on

First come, first served. That’s not the principle behind the clearance of Bitcoin transactions. Equally for other blockchain technology networks, the relevant factor to get a transaction on the next available block is not...more

FTC: Stay Stuck on Security

The Federal Trade Commission recently wrapped up its Stick with Security blog series, which dove deeply into data security lessons based on agency cases, closed investigations, and questions and comments from businesses....more

Protecting Kids' Information Under the COPPA Cabana

In August 2017, Disney and three of its software developer vendors were sued in a class action in California in which it was alleged that Disney collected children’s information in violation of the Children's Online Privacy...more

FTC Provides Guidance on Reasonable Data Security Practices (Part III of III)

by Patrick Law Group, LLC on

This is the third in a series of three articles on the FTC’s Stick with Security blog. Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive...more

Privacy & Cybersecurity Update - October 2017

In this month's edition of our Privacy & Cybersecurity Update, we examine the European Commission's annual review of the Privacy Shield, a potential threat to the European Union's "standard contractual clauses," a push by...more

FTC Sticks With Keeping Security Current, Physical Media Safe

In the latest blog posts in the Federal Trade Commission’s “Stick with Security” series, the FTC focused on the procedures companies should put in place that will keep their security current, will address vulnerabilities that...more

Privacy Tip #110 – Resources for Small Businesses to Stay Informed about Cyber Threats

The Federal Trade Commission (FTC) has concentrated on small businesses this year with the launch of www.FTC.gov/SmallBusiness , which provides data security awareness information to small businesses. The site includes...more

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