News & Analysis as of

Corporate Counsel Consent Order

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Will No Longer Approve Consent Orders

A recent National Labor Relations Board (NLRB) decision has ended the practice of administrative law judge (ALJ) approval of consent orders to resolve unfair labor practice (ULP) charges. This is yet another development from...more

Wyrick Robbins Yates & Ponton LLP

FTC Gives it to X-Mode: 5 Lessons from the Agency’s Latest Consumer Location Data Case

The FTC announced an action last week against location data broker X-Mode Social and its corporate successor Outlogic (collectively, “X-Mode”) based on several alleged violations of Section 5 of the FTC Act. According to FTC...more

Parker Poe Adams & Bernstein LLP

EEOC Settles Claim That Worker Suffering From Depression Was Fired Over Safety Concerns

As we have previously covered in EmployNews, companies are facing an increasing number of accommodation requests and claims from employees who allege they were discriminated against based on mental issues. Many of these...more

Goodwin

Employers Are Strongly Encouraged to Revisit Whistleblower Protection Language in Agreements and Policies in Light of Recent Legal...

Goodwin on

On Friday, September 29, 2023, the Securities and Exchange Commission (the “SEC”) issued an order that censured D. E. Shaw & Co., L.P., a registered investment advisor in New York, and assessed a civil penalty of $10,000,000...more

Foley & Lardner LLP

FTC Blocks Interlocking Directorate and Makes Good on Its Commitment to Pursue Purported “Unfair Methods of Competition” as...

Foley & Lardner LLP on

For the first time in 40 years, the Federal Trade Commission (FTC) has taken action to enforce Section 8 of the Clayton Act, which prohibits so-called interlocking directorates. In the same action, the FTC mounted its first...more

Fenwick & West LLP

“Review Hijacking” to Boost Reviews? Think Again, as the FTC Weighs In

Fenwick & West LLP on

On February 16, 2023, the Federal Trade Commission (FTC) announced an enforcement action against The Bountiful Company (Bountiful) for a practice the FTC dubbed “review hijacking.” Bountiful, a vitamin and supplement company,...more

Venable LLP

FTC Brings the Heat on Pyrex Manufacturer’s “Made in USA” Claims for Products Made in China

Venable LLP on

Last week the Federal Trade Commission (FTC) announced it had issued a complaint and proposed consent order against Instant Brands LLC for allegedly marketing products as “Made in the USA,” when they were actually made in...more

Alston & Bird

Hefty FTC Penalty Against Twitter Reveals Privacy Policy Disclaimers Not Sufficient

Alston & Bird on

The Federal Trade Commission has levied a negotiated $150 million civil penalty against Twitter for violating an existing FTC order for alleged misrepresentations to its users, claiming the company deceptively collected...more

Wyrick Robbins Yates & Ponton LLP

Buyers Beware: the FTC’s Case Against CafePress Highlights Privacy and Data Security Risks in Corporate Transactions

Last week the Federal Trade Commission announced a privacy and data security enforcement action against the online retail platform CafePress. The allegations in the FTC’s complaint read like a list of worst practices,...more

Fenwick & West LLP

The Restoration & Return of Prior Approval Provisions in FTC Merger Orders

Fenwick & West LLP on

Earlier this week, the Federal Trade Commission officially reinstated the practice of including “prior approval” requirements in consent orders settling merger investigation cases by the Commission (the 2021 Statement), the...more

Sheppard Mullin Richter & Hampton LLP

First CFPB Enforcement Action Under New Director: $6 Million Fine Against Prison Financial Services Company

In its first action under newly-appointed Director Rohit Chopra, the CFPB issued an enforcement action against a prison financial services company for violating the Consumer Financial Protection Act (CFPA) by allegedly...more

McDermott Will & Emery

FTC “Prior Approval” Policy for Future Transactions Raises Antitrust Risks for Buyers and Sellers

McDermott Will & Emery on

The US Federal Trade Commission (FTC) voted July 21, 2021, to repeal a 1995 policy statement that eliminated prior approval and prior notice provisions from most merger settlements. In repealing this longstanding policy—and...more

WilmerHale

FTC’s Settlement with MoviePass Highlights Expanded Use of Consumer Protection Rules

WilmerHale on

On June 7, 2021, the Federal Trade Commission (FTC) announced a settlement with MoviePass relating to allegations that MoviePass and its executives took steps to block subscribers from using the service as advertised, and...more

Alston & Bird

NYDFS Announces Cybersecurity Settlement, Addresses Multi-Factor Authentication Rules

Alston & Bird on

On April 14, 2021, the New York Department of Financial Services (“NYDFS”) announced a settlement with National Securities Corporation (“National Securities”), a licensed insurer, in connection with claims under the NYDFS...more

Eversheds Sutherland (US) LLP

Federal Trade Commission signals increased focus on commercial collection and use of biometric data

In a major development for companies that collect, use, and store biometric data, the US Federal Trade Commission (FTC) reached a proposed settlement of a complaint against a company that allegedly deceived consumers about...more

Wilson Sonsini Goodrich & Rosati

FTC Data Security Settlement with Auto Dealer Software Provider Goes Further than Ever Before - Provides Detailed Specifications...

On June 12, 2019, the Federal Trade Commission (FTC) announced it had reached a proposed settlement with LightYear Dealer Technologies, LLC (doing business as "DealerBuilt") over allegations that the automobile software...more

Dorsey & Whitney LLP

SEC Issues $1.75 Million Penalty Over Perks Disclosures

Dorsey & Whitney LLP on

A recent SEC consent order against The Dow Chemical Company reminds companies that when evaluating whether or not to disclose a payment or benefit to an executive as a perk in a proxy statement, the fact that the item has a...more

Wilson Sonsini Goodrich & Rosati

Key New Takeaways from Uber’s Privacy and Data Security Settlement with the FTC

On August 15, 2017, the Federal Trade Commission (FTC) announced that it had reached an agreement with Uber Technologies to settle allegations that the ride-sharing company had deceived consumers by failing to live up to its...more

Stoel Rives - Environmental Law Blog

Retailers Beware! Dollar General Just Hit with $1.125 Million Judgment for Improper Hazardous Waste Handling and Disposal

Here’s another major reminder to retailers to know their waste streams and to make sure they are being managed and handled properly. On Monday, Kern County Superior Court Judge Sidney P. Chapin ordered Dollar General (Dolgen...more

WilmerHale

House Subcommittee Pushes FTC Overhaul, Restricting Investigations and Consent Orders

WilmerHale on

In an effort to “reduce some of the ambiguous legal liability” that exists under Section 5 of the FTC Act, the House Energy and Commerce trade subcommittee advanced eleven legislative initiatives consolidated into four bills...more

Ballard Spahr LLP

NY DFS Brings First Data Security Action

Ballard Spahr LLP on

The New York State Department of Financial Services (DFS) has announced that it has entered into a consent order with an online payday loan lead generator and its chief executive officer (CEO) (collectively, respondents) to...more

Proskauer - Labor Relations

NLRB Requests Amicus Briefs in Two Significant Cases

On Friday, February 19, 2016, the National Labor Relations Board invited interested individuals and organizations to file amicus briefs on two important legal issues where the Board is considering overturning existing...more

Kelley Drye & Warren LLP

The Carrot and the Stick: FTC’s Letter Evidences Flexible Yet Firm Approach to Claim Substantiation

The Federal Trade Commission recently approved a final consent order with Carrot Neurotechnology, Inc. and its co-owners, requiring them to stop making allegedly deceptive claims that their “Ultimeyes” video game app can...more

Orrick, Herrington & Sutcliffe LLP

Cephalon and Teva's $1.2 Billion Consent Order with the FTC: Is it Really a Harbinger of Things to Come?

On June 17, 2015, the U.S. District Court for the Eastern District of Pennsylvania approved a consent order (the “Consent Order”) between the Federal Trade Commission and defendants Cephalon, Inc. and its parent, Teva...more

Dorsey & Whitney LLP

“Abusive” Development – Recent Applications of the Prohibition against Abusive Acts and Practices

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The enactment of the Dodd-Frank Act in 2010 created the Consumer Financial Protection Bureau (“CFPB”) and, among other things, vested it with broad authority to enforce prohibitions on unfair, deceptive and abusive acts and...more

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