News & Analysis as of

Notice of Proposed Rulemaking (NOPR) Proposed Rules Federal Trade Commission (FTC)

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Expected To Issue Final Rule Banning Many Noncompetes on April 23

On April 16, 2024, Federal Trade Commission (FTC) Chair Lina M. Khan announced that a special open commission meeting will be held virtually on Tuesday, April 23, 2024, at 2:00 p.m. Eastern Daylight Time, where the FTC is...more

Epstein Becker & Green

Five Commissioners and a Vote on Noncompetes to Come

Epstein Becker & Green on

The Federal Trade Commission (FTC) is once again operating with a full five-Commissioner slate....more

Seyfarth Shaw LLP

FTC To Consider Issuing Proposed Final Rule Regarding Non-Competes

Seyfarth Shaw LLP on

The FTC announced yesterday that it will be hosting a special virtual open meeting on April 23, 2024, at 2:00 p.m. Eastern to discuss its proposed final rule regarding non-competes....more

Troutman Pepper

FTC Announces Amendments to Telemarketing Sales Rule

Troutman Pepper on

On March 7, the Federal Trade Commission (FTC) announced a final rule updating recordkeeping requirements and extending the protections against misrepresentations of the Telemarketing Sales Rule (TSR) to businesses (Final...more

Akin Gump Strauss Hauer & Feld LLP

FTC Proposes Updates to COPPA Rule

On January 18, 2024, the Federal Trade Commission (FTC) discussed its long-anticipated proposed changes for the Children’s Online Privacy Protection Rule (COPPA) in an open meeting. Released in a notice of proposed...more

Seward & Kissel LLP

FTC Imposes New Data Breach Notification Requirements

Seward & Kissel LLP on

On October 27, 2023, the Federal Trade Commission (the “FTC”) adopted a final rule (“Final Rule”) to amend the Standards for Safeguarding Customer Information (the “Safeguards Rule”). Among other things, the Final Rule will...more

Brownstein Hyatt Farber Schreck

FTC Proposes ‘Comprehensive Redesign of the Premerger Notification Process’

This summer, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing extensive revisions to the rules that implement the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended...more

Manatt, Phelps & Phillips, LLP

FTC Regulation Tracker - July 2023

In the last monthly Update to Manatt’s Regulation Tracker, we predicted that the Commission would not slow down for summer. How right we were....more

Davis Wright Tremaine LLP

In a One, Two, Three Punch, the FTC Issues Updated Endorsement Guides

The lead-up to the July Fourth holiday was a busy time for endorsement and testimonial watchers—the FTC issued (i) its final, updated Guides to the Use of Endorsements and Testimonials in Advertising, (ii) an updated version...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC and DOJ Propose Dramatic Expansion of HSR Filings’ Scope

On June 27, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) (collectively, the Agencies) jointly released a Notice of Proposed Rulemaking (NPRM) proposing sweeping changes to the premerger filings...more

Hinch Newman LLP

FTC Updates Endorsement Guides and FAQ Guidance Document While Proposing Rule That Will Impact Influencer Marketing and Digital...

Hinch Newman LLP on

The Federal Trade Commission’s Endorsement Guides were first enacted in 1980 and amended in 2009. The Guides provide guidance to businesses and others to ensure that advertising using endorsements or testimonials is...more

Ballard Spahr LLP

FTC Proposes Major Overhaul of Merger Filing Requirements

Ballard Spahr LLP on

Summary - The Federal Trade Commission (FTC), with the concurrence of the Department of Justice Antitrust Division, published a Notice of Proposed Rulemaking (Proposed Rule) aiming to revamp the premerger notification...more

UB Greensfelder LLP

[Webinar] You Don't Own Me: Navigating the Changing Landscape of Restrictive Covenants - July 20th, 12:00 pm - 1:00 pm EDT

UB Greensfelder LLP on

Join attorneys from Ulmer’s Employment and Labor and Intellectiual Property Pracrices as they host a complimentary webinar on the impact of the Federal Trade Commission's (FTC) January 2023 Notice of Proposed Rulemaking...more

Proskauer - Law and the Workplace

Update: New York State Senate Passes Another Bill With A Broad Ban on Non-Competes

We recently reported on New York Bill No. S03100, which, if enacted, would broadly prohibit non-competition agreements in New York. On the same day, June 7, 2023, the New York Senate also passed Bill No. S6748 (the “Bill”),...more

Manatt, Phelps & Phillips, LLP

FTC Proposed Health Breach Notification Rule Changes Target the Online Collection of Health Data

The Federal Trade Commission (FTC) continues to expand its regulation of health care data to ensure the data remains protected when shared with consumer-facing applications....more

Perkins Coie

FTC Proposes Rulemaking for Recurring Subscription Programs

Perkins Coie on

The Federal Trade Commission (FTC) recently announced a notice of proposed rulemaking to expand its “Negative Option Rule” to apply to all recurring subscription programs (Proposed Amendment). The Proposed Amendment would...more

Hinch Newman LLP

FTC Compliance Attorney Discusses Agency’s Dramatic Proposed Updates to Recurring Subscriptions and Memberships

Hinch Newman LLP on

The Federal Trade Commission recently announced a proposed a “click to cancel” provision requiring sellers to make it as simple for consumers to cancel their enrollment as it was to enroll. According to the FTC, if...more

Morgan Lewis

FTC Makes It Easier to Say No with Proposed Rule to Limit Negative Option Marketing

Morgan Lewis on

The US Federal Trade Commission (FTC or Commission) proposes expanding the Negative Option Rule to all subscription agreements. The FTC, in a 3-1 vote with Commissioner Christine S. Wilson (R) dissenting, published a notice...more

Sheppard Mullin Richter & Hampton LLP

FTC Increases Scrutiny of Negative Option Marketing

Retailers and service providers should take note: the Federal Trade Commission (FTC) is increasing its scrutiny of negative option marketing activity to combat unfair or deceptive practices related to subscriptions,...more

ArentFox Schiff

FTC Holds Public Forum on Proposed Rule Banning Use of Non-Compete Agreements, Seeks Written Comments

ArentFox Schiff on

On February 16, 2023, the Federal Trade Commission (FTC) held a public forum on its proposed rule that would, with limited exceptions, ban employers from using employee non-compete agreements and require rescission of...more

Mintz

Future of Non-Competes Up in the Air

Mintz on

Future of Non-Competes Up in the Air - The FTC recently announced its proposal to ban non-compete clauses in employment agreements. That proposal is currently in a 60-day period of public comment, and employers are...more

Smith Gambrell Russell

FTC Proposes a Rule to Ban Non-Competition Clauses in Employment Agreements

Smith Gambrell Russell on

On January 5, 2023, the Federal Trade Commission (“FTC”) published a Notice of Proposed Rulemaking (NPRM) to prohibit the use and enforcement of non-competition (a.k.a. “non-compete”) clauses in employment agreements. The...more

Hudson Cook, LLP

States Are Joining the War on Voluntary Protection Products

Hudson Cook, LLP on

When it comes to voluntary protection products, such as guaranteed asset protection, debt cancellation, credit insurance, service contracts, and vehicle protection products, the hottest topic this summer seems to be the...more

Morgan Lewis

Proposed Trade Regulation Rule on Auto Dealer Sales Practices Could Dramatically Affect Auto Finance

Morgan Lewis on

By a 4-1 vote on June 23, 2022, the US Federal Trade Commission (FTC) issued a notice of proposed rulemaking that is squarely aimed at changing the way dealers interact with customers in the automotive financing process, with...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2020: Made in the USA: The Federal Trade Commission Proposes a New Rule to Protect U.S. Manufacturers and...

On June 22, 2020, the Federal Trade Commission (FTC) announced a Notice of Proposed Rulemaking pertaining to “Made in USA” claims, which applies to labels and marketing that fraudulently asserts that products are made in the...more

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