News & Analysis as of

Section 5

Manatt, Phelps & Phillips, LLP

Time to Weigh In: FTC Seeks Comment on Additional Authority

New Federal Trade Commission (FTC) Chair Joseph Simons already broached the topic with legislators, and now the agency has asked for public input on whether the Commission should be granted additional authority over corporate...more

Sheppard Mullin Richter & Hampton LLP

Airdrop of Crypto Tokens Hits Regulatory Flak

On August 14, 2018, the U.S Securities and Exchange Commission (“SEC”) issued a cease and desist order (the “Tomahawk Order”) against Tomahawk Exploration LLC (“Tomahawk”) and David Thompson Laurance (“Laurance”) for their...more

Kelley Drye & Warren LLP

FTC Hits Road Block in DIRECTV Advertising Case Seeking $3.95 Billion Remedy

by Kelley Drye & Warren LLP on

The Northern District of California recently ruled on DIRECTV’s motion for judgment on partial findings in a case where the FTC is seeking $3.95 billion in damages. The FTC’s case alleges that DIRECTV engaged in misleading...more

Pepper Hamilton LLP

Recent FTC Settlement Confirms Enforcement Priority to Protect Employees From Employer Collusion

by Pepper Hamilton LLP on

On July 31, the FTC published its settlement with Therapy Source, LLC; its owner, Sheria Yarbray; and Neeraj Jindal, the former owner of a competing staffing company — Integrity Home Therapy (collectively, the respondents)....more

Kelley Drye & Warren LLP

All That Glitters Is Not Gold: FTC Updates Jewelry Guides

by Kelley Drye & Warren LLP on

The FTC recently finalized updates to its Guides for the Jewelry, Precious Metals, and Pewter Industries, which provide the FTC’s interpretation of the jewelry marketing rules found in 16 C.F.R. §23. The FTC hosted a...more

Fox Rothschild LLP

FTC Issues New Marketing Rules For Jewelry Industry

by Fox Rothschild LLP on

The FTC has amended its Jewelry Guides (formally, the “Guides for the Jewelry, Precious Metals, and Pewter Industries”) which aim to help prevent deception in jewelry marketing by providing clear standards. The Jewelry...more

Alston & Bird

LabMD: The End of the FTC in Cyber, or Just a New Path?

by Alston & Bird on

Our Privacy & Data Security Group reviews the Eleventh Circuit’s decision narrowing the FTC’s authority to impose broad cybersecurity measures on defendants, but cautions it would be a mistake to interpret the ruling as...more

Cozen O'Connor

Don’t Misrepresent Your U.S. – E.U. Privacy Shield Status: FTC Brings An Enforcement Action

by Cozen O'Connor on

As US companies continue to spend time and effort complying and responding to all of the new privacy laws and regulations both in the United States and aboard (i.e. GDPR and California Consumer Privacy Act of 2018) companies...more

BakerHostetler

AD-ttorneys@law

by BakerHostetler on

In This Issue: - FTC Enforcement Action Slain by 11th Circuit - Chris Farley IP Holder Settles With Bike Company - California Pushes Auto-Renewal Regs in New Directions - Plaintiff Should Cop to COPPA, Google Claims -...more

Wilson Sonsini Goodrich & Rosati

Eleventh Circuit LabMD Decision Significantly Restrains FTC's Remedial Powers in Data Security and Privacy Actions

The U.S. Court of Appeals for the Eleventh Circuit recently released its highly anticipated decision in the long-running case pitting the now-defunct medical laboratory LabMD against the Federal Trade Commission (FTC),...more

Ifrah PLLC

Eleventh Circuit Assumes FTC’s Data Security Enforcement Authority, But Mandates Specificity For FTC Orders

by Ifrah PLLC on

On June 6, 2018, the United States Court of Appeals for the Eleventh Circuit issued a landmark ruling in LabMD v. Federal Trade Commission. While the Eleventh Circuit impliedly held that the Federal Trade Commission (“FTC”)...more

Poyner Spruill LLP

LabMD Wins Moral Victory While FTC Authority Over Cybersecurity Remains Unresolved

by Poyner Spruill LLP on

In the latest episode of a long running saga, the Eleventh Circuit has ruled against the Federal Trade Commission (FTC) in its years-long battle with LabMD Inc. The Court vacated the FTC’s order requiring LabMD to implement a...more

WilmerHale

Eleventh Circuit Concludes FTC Data Security Order Unenforceable Because Standards Not Specific Enough

by WilmerHale on

On June 6, the U.S. Court of Appeals for the Eleventh Circuit vacated a cease-and-desist order by the Federal Trade Commission (FTC) issued against LabMD, Inc. (LabMD) arising from an FTC enforcement action alleging that...more

Proskauer -  Blockchain and the Law

Another SEC Enforcement Action against Allegedly Fraudulent ICO

On May 29, the SEC announced that it had secured injunctive relief halting an allegedly “ongoing fraud” involving an unregistered, non-exempt ICO that raised as much as $21 million in cryptoassets. The SEC’s complaint...more

Dechert LLP

Appellate Court Directs FTC to Be More Specific in its Data-Security Orders

by Dechert LLP on

In a closely watched data-security case, the U.S. Court of Appeals for the Eleventh Circuit vacated as unenforceable a cease and desist order issued by the U.S. Federal Trade Commission (FTC) against LabMD, Inc. According to...more

Robinson+Cole Data Privacy + Security Insider

LabMD Wins Against FTC—11th Circuit Vacates Enforcement Order Against It

We have been watching the LabMD/FTC case for a long time. We have written about it, read the book about it that was hand delivered to our office by the CEO of LabMD, debated it in privacy law class and marveled at the energy...more

Dorsey & Whitney LLP

FTC’s Data Security Authority Curbed by 11th Circuit

by Dorsey & Whitney LLP on

The Federal Trade Commission (“FTC”) has long been considered the agency best suited to regulate data security. The Eleventh Circuit dealt a serious setback to that authority yesterday in LabMD v. FTC, No. 16-16270, striking...more

Ropes & Gray LLP

Eleventh Circuit Vacates FTC Cybersecurity Order against LabMD

by Ropes & Gray LLP on

On June 6, 2018, at the urging of Ropes & Gray, the U.S. Court of Appeals for the Eleventh Circuit vacated an order that the Federal Trade Commission (the “FTC”) had imposed on LabMD, Inc. (“LabMD”) to overhaul the cancer...more

BakerHostetler

11th Circuit Issues Opinion Vacating Order That Required LabMD to Overhaul Its Data Security Program

by BakerHostetler on

On June 6, the 11th Circuit issued its long-awaited decision on LabMD Inc. v. Federal Trade Commission, vacating as unenforceable the Federal Trade Commission’s (FTC’s) cease and desist order that required LabMD to create and...more

McGuireWoods LLP

FTC’s Loss in the Eleventh Circuit Will Not Impede Data Security Enforcement

by McGuireWoods LLP on

In the matter of LabMD Inc. v. Federal Trade Commission, case number 16-16270, the U.S. Court of Appeals for the Eleventh Circuit ruled against the FTC, finding that the order against LabMD for lax data security measures was...more

Patterson Belknap Webb & Tyler LLP

LabMD Wins Long-Running Data Security Case Against FTC

In a closely watched test of the Federal Trade Commission’s authority as a data security regulator, the U.S. Court of Appeals for the Eleventh Circuit late yesterday sided with LabMD and threw out the agency’s long-running...more

Arnall Golden Gregory LLP

FTC Appeals Dismissal of Antitrust Lawsuit Alleging Abuse of Government Processes to Delay Generic Competition

by Arnall Golden Gregory LLP on

The Federal Trade Commission (FTC) has appealed a Delaware federal court’s recent dismissal of the FTC’s suit against Shire ViroPharma Inc. (“ViroPharma”) alleging anticompetitive conduct. The appeal, FTC v. Shire ViroPharma...more

Manatt, Phelps & Phillips, LLP

FTC Settles Sound Amplifier False Advertising Claims

Claims for a sound amplifier were too loud for the Federal Trade Commission, which settled charges of deceptive advertising in violation of Section 5 of the FTC Act with the Florida-based entities that manufactured the...more

Manatt, Phelps & Phillips, LLP

FTC Doesn’t Hide Action Over LendingClub’s Allegedly Hidden Fees

Did a marketplace lender assess its customers “hidden fees”? A Federal Trade Commission suit in federal court accuses Lending Club of making false promises to consumers, then charging hundreds or even thousands of dollars in...more

Locke Lord LLP

FTC v. Shire ViroPharma – Notice of Appeal

by Locke Lord LLP on

The Federal Trade Commission (“FTC”) has appealed to the U.S. Court of Appeals for the Third Circuit the dismissal by Delaware U.S. District Judge Richard Andrews of FTC’s complaint against Shire ViroPharma Inc....more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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How We Protect Your Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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  • Your Rights
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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