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733 results on '"Federal Trade Commission Act"'

1. Keeping Offsets Honest.

Author

Gerstell, Jonathan

Subjects
Antitrust law -- Evaluation, Securities fraud -- Laws, regulations and rules, Forest conservation -- Laws, regulations and rules, Best practices -- Laws, regulations and rules -- Environmental aspects, Emissions credit trading -- Laws, regulations and rules, Disclosure of information -- Laws, regulations and rules -- Evaluation, Breach of contract -- Laws, regulations and rules, Carbon offsets -- Laws, regulations and rules, Government regulation, Antitrust issue, Securities Exchange Act (15 U.S.C. 78j(b)), Commodity Exchange Act, Federal Trade Commission Act, National Environmental Policy Act of 1969
Abstract

TABLE OF CONTENTS I. Introduction 234 II. Background 239 A. What are Offsets? 239 B. The Need for Offsets 242 C. Carbon Offset Players 244 D. Challenges and Best Practices [...], The promise of carbon offsets is that we can fight climate change without having to make painful sacrifices. But carbon offsets are broken. Billions of dollars are spent annually to achieve emissions reductions that have been repeatedly shown to be wildly exaggerated if not outright fictitious. Meanwhile, rich countries continue to emit billions of tons of C[O.sub.2] cmd other greenhouse gases into the atmosphere every year. Government regulation is urgently needed but will not, on its own, suffice to adequately police the carbon offset market. This Note is the first scholarly analysis to consider how citizen-led litigation can and must play a role in holding the buyers, sellers, and brokers of carbon offsets accountable. The Note surveys a variety of laws that may be implicated in offset litigation--from state and federal environmental laws, to unfair competition and securities regulation, to contract law. Previous scholarship has examined problems in the administrative regulation of offsets. Such regulation is indeed needed, but private citizens have a powerful and necessary role to play too. Citizen oversight is critically needed because we have no hope of meeting the challenge of climate change without getting carbon offsets right.

Published
2024

2. Amazon's Acquisition of One Medical: The Lack of Health Data Regulation in the Age of Big Tech.

Author

Gasca, Angela M.

Subjects
Privacy, Right of -- Laws, regulations and rules, Antitrust law -- Evaluation, High technology industry -- Laws, regulations and rules, Data security -- Laws, regulations and rules, Consumer protection -- Laws, regulations and rules, Medical records -- Laws, regulations and rules -- Safety and security measures, Data entry -- Laws, regulations and rules, Acquisitions and mergers -- Laws, regulations and rules, 1Life Healthcare Inc. -- Evaluation -- Mergers, acquisitions and divestments, Amazon.com Inc. -- Mergers, acquisitions and divestments -- Evaluation, Government regulation, Antitrust issue, Data security issue, Company acquisition/merger, Hart-Scott-Rodino Antitrust Improvements Act of 1976, Health Insurance Portability and Accountability Act of 1996, Federal Trade Commission Act
Abstract

TABLE OF CONTENTS I. INTRODUCTION 218 II. BACKGROUND 220 A. The Giant Called Amazon 220 B. One Medical--The "Starbucks of Primary Care" 221 C. Healthcare is a Trusted Space 222 [...]

Published
2024

3. THREE OPTIONS FOR REFORMING PART 3 ADMINISTRATIVE LITIGATION AT THE FEDERAL TRADE COMMISSION.

Author

Klovers, Keith

Subjects
Antitrust law -- Evaluation, Complaints (Administrative procedure) -- Laws, regulations and rules, Jurisdiction -- Laws, regulations and rules, Delegation of authority -- Laws, regulations and rules -- Remedies, Separation of powers -- Laws, regulations and rules, Administrative discretion -- Laws, regulations and rules, Judicial review of administrative acts -- Laws, regulations and rules, Due process of law -- Analysis, Axon Enterprise, Inc. v. FTC (143 S. Ct. 890 (2023)), United States. Federal Trade Commission -- Powers and duties -- Evaluation, Government regulation, Antitrust issue, Judicial Code (28 U.S.C. 1331), Federal Trade Commission Act
Abstract

INTRODUCTION 409 I. THE COMMISSION'S ADMINISTRATIVE LITIGATION PROCESS HAS LONG BEEN ATTACKED AS PROCEDURALLY UNFAIR 415 A. FTC ADMINISTRATIVE LITIGATION PROCEDURES TODAY 416 B. PRIOR COMPLAINTS 419 C. THE AXON [...]

Published
2023

4. FUTURE-PROOFING PLURAL ANTITRUST ENFORCEMENT MODELS: LESSONS FROM THE UNITED STATES AND THE EUROPEAN UNION.

Author

Graef, Inge

Subjects
Antitrust law -- Evaluation, Privacy, Right of -- Laws, regulations and rules, Data security -- Laws, regulations and rules, Consumer protection -- Laws, regulations and rules, Law enforcement agencies -- Powers and duties, Public-private sector cooperation -- Evaluation, Federalism -- Economic aspects -- Analysis, Pluralism -- Economic aspects -- Analysis, Government regulation, Antitrust issue, Data security issue, Sherman Act (15 U.S.C. 1-2), Clayton Act (15 U.S.C. 7), Federal Trade Commission Act, Treaty Amending the Treaty on European Union and the Treaty Establishing the European Community, 2007 (art. 101-102)
Abstract

INTRODUCTION 340 I. PLURALITY IN THE INSTITUTIONAL MODELS OF EU AND U.S. ANTITRUST ENFORCEMENT 343 A. THE EUROPEAN UNION 344 1. Centralized Enforcement at the Origin of EU Antitrust Law [...]

Published
2023

5. Year in Review for AI Governance and Regulation.

Author

Pery, Andrew and Simon, Michael

Subjects
ChatGPT (Language model) -- Usage -- Laws, regulations and rules, Privacy, Right of -- Laws, regulations and rules, Artificial intelligence -- Laws, regulations and rules -- Usage -- Safety and security measures, Corporate governance -- Laws, regulations and rules, Data security -- Laws, regulations and rules, Corporate social responsibility -- Laws, regulations and rules, Disruptive technology -- Laws, regulations and rules, Government regulation, Data security issue, Artificial intelligence, Federal Trade Commission Act
Abstract

UNPRECEDENT AI TECHNOLOGICAL DEVELOPMENTS In 2022 and early 2023, we witnessed unprecedented advances in Artificial Intelligence (AI) technology, providing opportunities (1) and posing dangers. (2) No advance is more consequential [...]

Published
2023

6. Administrative Law - Structural Constitutional Challenges - Statutory Review Schemes - Thunder Basin Test - Axon Enterprise, Inc. v. FTC.

Subjects
Antitrust law -- Evaluation, Removal of causes -- Laws, regulations and rules, Political questions and judicial power -- Analysis, Federal jurisdiction -- Laws, regulations and rules, Standing (Law) -- Laws, regulations and rules, Judicial review of administrative acts -- Laws, regulations and rules, Due process of law -- Analysis, Thunder Basin Coal Co. v. Reich (510 U.S. 200 (1994)), Axon Enterprise v. FTC (143 S. Ct. 890 (2023)), Government regulation, Antitrust issue, Federal Trade Commission Act, United States Constitution (U.S. Const. art. 2-3) (U.S. Const. amend. 5)
Abstract

When an administrative agency initiates an enforcement action, a regulated entity has an array of defenses at its disposal. It might contend it is factually not liable. (1) It might [...]

Published
2023

7. OPTIMIZING CYBERSECURITY RISK IN MEDICAL CYBER-PHYSICAL DEVICES.

Author

Yoo, Christopher S. and Lee, Bethany C.

Subjects
Medical equipment -- Evaluation -- Safety and security measures -- Laws, regulations and rules, Patients -- Care and treatment, Data security -- Laws, regulations and rules -- Standards -- Management, Cost benefit analysis -- Economic aspects, Risk management -- Laws, regulations and rules, Computer crimes -- Laws, regulations and rules -- Prevention, Physiological apparatus -- Evaluation -- Safety and security measures -- Laws, regulations and rules, United States. Food and Drug Administration -- Standards -- Powers and duties, Government regulation, Professional medical/diagnostic software, Company business management, Cost benefit analysis, Data security issue, Risk management, Computer crime, Federal Trade Commission Act
Abstract

TABLE OF CONTENTS INTRODUCTION 1516 I. THE UNIQUE PROBLEMS OF SOFTWARE AND CYBERSECURITY IN MEDICAL DEVICE REGULATION 1520 II. LEGAL FRAMEWORK GOVERNING THE FDA'S CONSIDERATION OF NONTHERAPEUTIC COSTS 1524 A. [...], Medical devices are increasingly connected, both to cyber networks and to sensors collecting data from physical stimuli. These cyberphysical systems pose a new host of deadly security risks that traditional notions of cybersecurity struggle to take into account. Previously, we could predict how algorithms would function as they drew on defined inputs. But cyber-physical systems draw on unbounded inputs from the real world. Moreover, with wide networks of cyber-physical medical devices, a single cybersecurity breach could pose lethal dangers to masses of patients. The U.S. Food and Drug Administration (FDA) is tasked with regulating medical devices to ensure safety and effectiveness, but its regulatory approach--designed decades ago to regulate traditional medical hardware--is ill-suited to the unique problems of cybersecurity. Because perfect cybersecurity is impossible and every cybersecurity improvement entails costs to affordability and health, designers need standards that balance costs and benefits to inform the optimal level of risk. The FDA, however, conducts limited cost-benefit analyses, believing that its authorizing statute forbids consideration of economic costs. We draw on statutory text and case law to show that this belief is mistaken and that the FDA can and should conduct cost-benefit analyses to ensure safety and effectiveness, especially in the context of cyber security. We describe three approaches the FDA could take to implement this analysis as a practical matter. Of these three, we recommend an approach modeled after the Federal Trade Commission's cost-benefit test. Regardless of the specific approach the FDA chooses, however, the critical point is that the agency must weigh costs and benefits to ensure the right level of cybersecurity. Until then, medical device designers will face continued uncertainty as cybersecurity threats become increasingly dangerous.

Published
2023

8. The Federal Trade Commission's Non-Compete Rule

Author

Sykes, Jay B.

Subjects
United States. Federal Trade Commission -- Powers and duties, Government regulation of business, Non-competition agreements -- Laws, regulations and rules, Government regulation, Government, Federal Trade Commission Act
Abstract

May 3, 2024 On April 23, 2024, the Federal Trade Commission (FTC) adopted a final rule prohibiting most employers from entering into or enforcing non-compete agreements with workers, subject to [...]

Published
2024

9. Breaking Up Consumer Welfare's Antitrust Policy Monopoly.

Author

Glick, Mark and Bush, Darren

Subjects
Antitrust law -- Evaluation, Libertarianism -- Analysis, Consumer protection -- Laws, regulations and rules -- Standards, Monopolies -- Laws, regulations and rules, Pay equity -- Laws, regulations and rules, Government regulation, Antitrust issue, Sherman Act, Clayton Act, Federal Trade Commission Act
Abstract

I. Introduction II. U.S. Antitrust Policy's Broad, Multi-Goal Tradition A. Antitrust in the Late Nineteenth Century 1. Antitrust Goals in the Sherman Act Legislative History 2. Early Antitrust Cases Support [...], Two recent papers by prominent antitrust scholars argue that a revived antitrust movement can help reverse the dramatic rise in economic inequality and the erosion of political democracy in the United States. Both papers rely on the legislative history of the key antitrust statutes to support their case. Not surprisingly, their recommendations have been met with alarm in some quarters, and with skepticism in others. Such proposals by antitrust reformers are often contrasted with the Consumer Welfare Standard that pervades antitrust policy today. The Consumer Welfare Standard suffers from several defects: (1) it employs a narrow, unworkable measure of welfare; (2) it excludes important sources of welfare based on the assumption that antitrust seeks only to maximize wealth; (3) it assumes a constant and equal individual marginal utility of money; and (4) it is often combined with extraneous ideological goals. Even with these defects, however, if applied consistent with its theoretical underpinnings, the consideration of the transfer of labor rents resulting from a merger or dominant firm conduct is supported by the Consumer Welfare Standard. Moreover, even when only consumers (and not producers) are deemed relevant, the welfare of labor still should consistently be considered part of consumer welfare. In contrast, fostering political democracy--a prominent traditional antitrust goal that was jettisoned by the Chicago School--falls outside the Consumer Welfare Standard in any of its constructs. To undergird such important broader goals requires that the Consumer Welfare Standard be replaced with the General Welfare Standard. The General Welfare Standard consists of modern welfare economics modified to accommodate objective analyses of human welfare and purged of inconsistencies.

Published
2023

10. The FTC Issues Three New Orders Showing Its Increased 2024 Enforcement Activities Regarding AI And Adtech

Author

Maatman, Gerald Jr.

Subjects
United States. Federal Trade Commission -- Powers and duties, Technological innovations -- Laws, regulations and rules, Computer software industry -- Laws, regulations and rules, Artificial intelligence -- Laws, regulations and rules -- Usage, Advertising -- Laws, regulations and rules, Advertising law -- Interpretation and construction, Government regulation, Artificial intelligence, Business, international, Federal Trade Commission Act
Abstract

Duane Morris Takeaways: On December 3, 2024, the Federal Trade Commission (FTC) issued an order in In Re Intellivision Technologies Corp., (FTC Dec. 3, 2024)prohibiting an AI software developer from [...]

Published
2024

11. FTC Charges Consumer Review Platform With Misrepresenting Product Reviews

Author

Seligman, Terri

Subjects
United States. Federal Trade Commission -- Powers and duties, Online shopping -- Laws, regulations and rules, Online information services -- Laws, regulations and rules, Consumer protection -- Laws, regulations and rules, Online services -- Laws, regulations and rules, Information services -- Laws, regulations and rules, Online shopping, Government regulation, Online information service, Business, international, Federal Trade Commission Act
Abstract

This week, the FTC announced a proposed settlement with GGL Products, dba Sitejabber, an artificial intelligence-enabled review platform. Charging the company with violation of Section 5 of the FTC Act, [...]

Published
2024

12. TikTok Under New Scrutiny In US Over Child Privacy Concerns

Subjects
United States. Federal Trade Commission -- Cases, TikTok Inc. -- Cases, Online information services -- Cases, Privacy -- Laws, regulations and rules, Online services -- Cases, Information services -- Cases, Personal information -- Laws, regulations and rules, Company legal issue, Government regulation, Online information service, Privacy issue, Business, international, Children's Online Privacy Protection Act of 1998, Federal Trade Commission Act
Abstract

Digital privacy for children is being scrutinised, particularly for the social media giant TikTok. This is not the first time there have been concerns about risks to child privacy. TikTok [...]

Published
2024

13. Amidst AI Crackdown Hype, FTC Stakes Out Aggressive New Position On Unfairness And Means And Instrumentalities Liability

Author

McDowell, Donnelly L.

Subjects
United States. Federal Trade Commission -- Powers and duties, Artificial intelligence -- Usage -- Advertising -- Laws, regulations and rules, Business enterprises -- Services -- Advertising -- Technology application, Government regulation, Artificial intelligence, Technology application, Business, international, Federal Trade Commission Act
Abstract

Much has already been said and written about the FTC's recent enforcement initiative, dubbed 'Operation AI Comply.' The coordinated sweep announced last month involved five separate FTC enforcement actions against [...]

Published
2024

14. The FTC Cracks Down On Unfair And Deceptive Practices Involving The Use Of AI

Author

Nahra, Kirk J.

Subjects
United States. Federal Trade Commission -- Powers and duties, Artificial intelligence -- Laws, regulations and rules -- Usage, Consumer protection -- Laws, regulations and rules, False advertising -- Laws, regulations and rules, Government regulation, Artificial intelligence, Business, international, Consumer Review Fairness Act of 2016, Federal Trade Commission Act
Abstract

On September 25, 2024, the Federal Trade Commission (FTC) announced the launch of 'Operation AI Comply,' an initiative created to tackle unfair and deceptive business practices involving the use of [...]

Published
2024

15. Why Employers' Non-Competes Could Still Be At Risk Despite FTC Rule Being 'Set Aside'

Author

Atlas, Clifford R.

Subjects
United States. Federal Trade Commission -- Powers and duties, United States. Department of Justice -- Powers and duties, Antitrust law -- Interpretation and construction, Non-competition agreements -- Laws, regulations and rules, Labor contracts -- Laws, regulations and rules, Employee rights -- Laws, regulations and rules, Government regulation, Antitrust issue, Business, international, Sherman Act, Federal Trade Commission Act
Abstract

The U.S. District Court for the Northern District of Texas in Ryan LLC v. FTC granted summary judgment 'setting aside' the Federal Trade Commission's (FTC's) Final Rule banning non-compete clauses [...]

Published
2024

16. FTC Takes Action Impacting The Franchise Relationship

Author

Katalinas, David

Subjects
United States. Federal Trade Commission -- Powers and duties, Franchises -- Laws, regulations and rules, Disclosure of information -- Laws, regulations and rules, Costs (Law) -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act
Abstract

On Friday, July 12, 2024, the Federal Trade Commission ('FTC') published an analysis of the information it received in response to its Request for Information related to franchisors' business practices, [...]

Published
2024

17. Texas Federal District Court Strikes Down FTC Rule Banning Noncompete Agreements

Author

Gehlen, Caitlin R.

Subjects
United States. Federal Trade Commission -- Laws, regulations and rules, United States. District Court. Northern District of Texas -- Powers and duties, Unfair competition (Commerce) -- Laws, regulations and rules, Non-competition agreements -- Laws, regulations and rules, Labor contracts -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act
Abstract

In a ruling issued Tuesday, August 20, 2024, the U.S. District Court for the Northern District of Texas struck down the Federal Trade Commission's ('FTC') Noncompete Rule banning nearly all [...]

Published
2024

18. FTC Escalates Battle Against PBMs With Complaint On Insulin Pricing

Author

Kaiser, Mary

Subjects
United States. Federal Trade Commission -- Cases, Prescription pricing -- Cases, Pharmaceutical industry -- Cases, Company legal issue, Business, international, Federal Trade Commission Act
Abstract

FTC's challenge is the culmination of years of investigation, but choice of venue and theories of harm reveal potential weaknesses. Key Takeaways The FTC filed an administrative complaint against the [...]

Published
2024

19. THE OVERTON WINDOW AND PRIVACY ENFORCEMENT.

Author

Solow-Niederman, Alicia

Subjects
Privacy, Right of -- Laws, regulations and rules, Consumer protection -- Laws, regulations and rules, Data security -- Laws, regulations and rules, Institutional theory -- Analysis, Electronic surveillance -- Ethical aspects -- Control -- Laws, regulations and rules, Unfair competition (Commerce) -- Investigations -- Prevention -- Remedies, Social norms -- Analysis, Possibility -- Political aspects, Policy sciences -- Evaluation, United States. Federal Trade Commission -- Powers and duties, Company legal issue, Government regulation, Data security issue, Federal Trade Commission Act
Abstract

TABLE OF CONTENTS I. INTRODUCTION 1009 II. THE CONTOURS OF PRIVACY ENFORCEMENT'S OVERTON WINDOW 1013 III. THE WINDOW AS A FRAME: ASSESSING THE PRIVACY ENFORCEMENT SPACE OF THE PAST 1018 [...], On paper, the Federal Trade Commission's ("FTC's") consumer protection authority seems straightforward: the agency is empowered to investigate and prevent unfair or deceptive acts or practices. This flexible and capacious authority, coupled with the agency's jurisdiction over the entire economy, has allowed the FTC to respond to privacy challenges both online and offline. The contemporary question is whether the FTC can draw on this same authority to curtail the data-driven harms presented by commercial surveillance. This Essay contends that the legal answer is yes and argues that the key determinants of whether an agency like the FTC will be able to confront emerging digital technologies are social, institutional, and political. Specifically, it proposes that the FTC's privacy enforcement occurs within an "Overton Window of Enforcement Possibility." Picture the FTC Act's legal standards as setting forth a range of lawful enforcement behavior for the agency--a range within which further choices must be made. Within this lawful space, just as a politician's "Overton Window of Political Possibility" will not include every possible policy option, the agency's Window will not include every possible enforcement option. Rather, the Window for privacy enforcement--the space within which the agency might operate--will be sharply informed by four critical forces: social norms; institutional norms within the agency; the courts; and Congress. This approach highlights how the agency's enforcement actions do not occur in a rigidly fixed domain; rather, they unfold within a dynamic space that can change over time, subject to forces both inside the agency and external to it. What's more, understanding enforcement as a process in this way surfaces an often-overlooked point for federal legislation that seeks to endow new or existing agencies with additional regulatory authority: without a sufficiently large Window within which the agency can operate, all the theoretical grants of power in the world will have little impact on the ground. That's a sobering lesson. But it's empowering, too. For one, it suggests strategies for administrative officials who seek to exercise their enforcement authority, such as attempting to ground more progressive or novel actions in topics with thick social consensus. For another, it pushes policymakers seeking to empower agencies to consider institutional design; to account for the practical realities that an agency must confront over time; and to think creatively about where there might be play in the joints.

Published
2023

20. Increased Scrutiny By Federal Trade Commission Of Orange Book Listings

Author

Mukerjee, Deepro

Subjects
United States. Federal Trade Commission -- Powers and duties, Drug approval -- Laws, regulations and rules, Pharmaceutical industry -- Laws, regulations and rules, Government regulation, Business, international, Food, Drug and Cosmetic Act, Federal Trade Commission Act, Inflation Reduction Act of 2022
Abstract

In September 2023, the Federal Trade Commission (FTC) issued a policy statement warning pharmaceutical manufacturers about increased scrutiny of their patents listed in the Orange Book.1 The Orange Book is [...]

Published
2024

21. FTC's Rule Banning Non-Compete Agreements Is 'Set Aside' Nationwide In District Court Ruling, But Two District Courts Find FTC Likely Has Authority To Issue Rules Prohibiting Unfair Methods Of Competition

Author

Sayyed, Bilal

Subjects
United States. Federal Trade Commission -- Powers and duties, Administrative procedure -- Laws, regulations and rules, Unfair competition (Commerce) -- Laws, regulations and rules, Non-competition agreements -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act, Administrative Procedure Act
Abstract

The Federal Trade Commission's (the FTC) rule prohibiting the entering into or enforcement of non-compete clauses between employers and employees (the Non-Compete Rule) made final in April 2024 and originally [...]

Published
2024

22. FTC Updates (September 9 - 13, 2024)

Author

Madigan, Kristin

Subjects
United States. Federal Trade Commission -- Powers and duties -- Conferences, meetings and seminars, Privacy, Right of -- Laws, regulations and rules -- Conferences, meetings and seminars, Consumer protection -- Laws, regulations and rules -- Conferences, meetings and seminars, Data security -- Laws, regulations and rules, Disclosure of information -- Laws, regulations and rules, Consumer behavior -- Laws, regulations and rules, Government regulation, Data security issue, Business, international, Consumer Review Fairness Act of 2016, Federal Trade Commission Act
Abstract

The FTC focused its week on consumer protection. The Commission announced a tentative agenda for its upcoming open meeting, sent warning letters to adoption intermediaries for purportedly misleading consumers, and [...]

Published
2024

23. Federal Court Narrowly Construes FTC Jurisdiction Over Nonprofit Institutions

Author

Gordon, Len

Subjects
United States. Federal Trade Commission -- Powers and duties, Jurisdiction -- Laws, regulations and rules, Nonprofit organizations -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act
Abstract

In a surprising ruling, a federal district court in Arizona has held that the Federal Trade Commission (FTC) cannot prosecute claims under the FTC Act against a nonprofit educational institution. [...]

Published
2024

24. FTC Finalizes Long-Awaited Rule On Use Of Consumer Reviews And Testimonials

Author

lez-Rivera, Javier Gonz

Subjects
United States. Federal Trade Commission -- Powers and duties, Endorsement advertising -- Laws, regulations and rules, Consumer protection -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act
Abstract

On August 14, 2024, the Federal Trade Commission ('FTC') published its long-anticipated Final Rule on the Use of Consumer Reviews and Testimonials ('Final Rule'), marking a significant development in the [...]

Published
2024

25. Antitrust Under Biden: Taking A Closer Look At The Numbers

Author

Carroll, John

Subjects
United States. Federal Trade Commission -- Powers and duties, United States. Department of Justice. Antitrust Division -- Powers and duties, Antitrust law -- Interpretation and construction, Monopolies -- Laws, regulations and rules, Acquisitions and mergers -- Laws, regulations and rules, Government regulation, Antitrust issue, Business, international, Sherman Act, Federal Trade Commission Act
Abstract

Leading up to the U.S. presidential election this November, our Antitrust & Competition team continues to offer insights into what antitrust enforcement may look like under the next presidential administration. [...]

Published
2024

26. Federal Judge Overturns FTC's Non-Compete Ban

Author

Barry, John D.

Subjects
United States. Federal Trade Commission -- Powers and duties, Non-competition agreements -- Laws, regulations and rules, Labor contracts -- Laws, regulations and rules, Judicial review of administrative acts -- Cases, Company legal issue, Government regulation, Business, international, Federal Trade Commission Act
Abstract

As we advised in our prior blog post, the Federal Trade Commission (FTC) promulgated regulations banning enforcement of most post-employment non-compete restrictions. In the blog post we noted there was [...]

Published
2024

27. FTC Publishes New Rule Banning Fake Reviews And Testimonials

Author

Bhatnagar, Varun

Subjects
United States. Federal Trade Commission -- Powers and duties, Consumer protection -- Laws, regulations and rules, Customer relations -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act
Abstract

On August 14, 2024, the Federal Trade Commission (FTC) announced a final rule banning fake reviews and testimonials. The rule follows a notice and comment process that began in November [...]

Published
2024

28. FTC Noncompete Rule Set Aside By Federal Texas District Court, Will Not Become Effective

Author

Becchi, Rosemary

Subjects
United States. Federal Trade Commission -- Powers and duties, Unfair competition (Commerce) -- Laws, regulations and rules, Non-competition agreements -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act, Magnuson-Moss Warranty - Federal Trade Commission Improvement Act, Administrative Procedure Act
Abstract

A U.S. District Court judge in Texas has set aside the Federal Trade Commission's (FTC) controversial noncompete rule, ruling that it will not become effective on Sept. 4 as previously [...]

Published
2024

29. Texas Federal Court Finds FTC's Non-Compete Rule Unlawful: Are Employers Across The Nation In The Clear?

Author

Hibbs, Logan

Subjects
United States. Federal Trade Commission -- Laws, regulations and rules, United States. District Court. Northern District of Texas -- Powers and duties, Administrative procedure -- Laws, regulations and rules, Non-competition agreements -- Laws, regulations and rules, Labor contracts -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act, Administrative Procedure Act
Abstract

On August 20, 2024, the Northern District of Texas in Ryan LLC v. Federal Trade Commission issued a nationwide order preventing the Federal Trade Commission's (FTC) Non-Compete Rule from going [...]

Published
2024

30. A Win For Employers: Judge Blocks FTC's Non-Compete Ban Nationwide

Author

Torres, Genesis E.

Subjects
United States. Federal Trade Commission -- Laws, regulations and rules, United States. District Court. Northern District of Texas -- Powers and duties, Non-competition agreements -- Laws, regulations and rules, Labor contracts -- Laws, regulations and rules, Injunctions -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act, Fair Labor Standards Act
Abstract

On Tuesday, August 20, 2024, Judge Ada E. Brown, a United States District Judge for the Northern District of Texas, delivered a nationwide victory to businesses and employers across the [...]

Published
2024

31. Federal Court Stops The FTC Noncompete Rule From Being Enforced Or Taking Effect

Author

Pockers, Lawrence

Subjects
United States. District Court. Northern District of Texas -- Powers and duties, Administrative procedure -- Laws, regulations and rules, Employers, Independent regulatory commissions, Non-competition agreements -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act, Administrative Procedure Act
Abstract

On August 20, 2024, the United States District Court for the Northern District of Texas, in the Ryan lawsuit, struck down a final Federal Trade Commission (FTC) rule--which was set [...]

Published
2024

32. Texas Court Finds FTC Noncompete Ban Unlawful With Nationwide Effect

Author

Douthitt, Lee

Subjects
United States. Federal Trade Commission -- Laws, regulations and rules, United States. District Court. Northern District of Texas -- Powers and duties, Administrative procedure -- Laws, regulations and rules, Non-competition agreements -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act, Administrative Procedure Act
Abstract

On Tuesday, August 20, 2024, a federal judge in Texas issued an order finding unlawful - and prohibiting the enforcement of - a rule issued by the Federal Trade Commission [...]

Published
2024

33. Final Word On Final Rule? Texas District Court Eviscerates FTC's Non-Compete Ban

Author

Carroll, John

Subjects
United States. Federal Trade Commission -- Powers and duties, Administrative procedure -- Laws, regulations and rules, Non-competition agreements -- Laws, regulations and rules, Labor contracts -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act, Administrative Procedure Act
Abstract

Listen to this post On July 3, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas entered a limited, preliminary injunction barring the Federal [...]

Published
2024

34. Federal Texas Court Sets Aside With 'Nationwide Effect' The FTC Rule Banning Non-Competes

Author

Coleman, Jesse

Subjects
United States. Federal Trade Commission -- Laws, regulations and rules, United States. District Court. Northern District of Texas -- Powers and duties, Non-competition agreements -- Laws, regulations and rules, Labor contracts -- Laws, regulations and rules, Injunctions -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act
Abstract

Once again surprising the country by acting ten days before her own self-appointed deadline, a federal judge in the United States District Court for the Northern District of Texas issued [...]

Published
2024

35. Northern District Of Texas Permanently Blocks FTC's Ban On Non-Competes Nationwide

Author

Morales, Rosa

Subjects
United States. Federal Trade Commission -- Laws, regulations and rules, United States. District Court. Northern District of Texas -- Powers and duties, Administrative procedure -- Laws, regulations and rules, Non-competition agreements -- Laws, regulations and rules, Labor contracts -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act, Administrative Procedure Act
Abstract

Plaintiffs battling the Federal Trade Commission's ban on non-compete clauses in employment agreements notched a significant victory recently. On August 20, 2024, U.S. District for the Northern District of Texas [...]

Published
2024

36. FTC Ban On Worker Non-Competes Is Blocked Nationwide

Author

Goldstein, Kevin B.

Subjects
United States. Federal Trade Commission -- Powers and duties, Non-competition agreements -- Laws, regulations and rules, Labor contracts -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act
Abstract

The Federal Trade Commission's rule banning nearly all non-compete agreements with workers was blocked, nationwide, by a Texas federal court on August 20. The court's decision found that the rule [...]

Published
2024

37. After Months Of Uncertainty, A Federal Court Has Blocked The FTC's Non-Compete Rule On A Nationwide Basis

Author

Arnold, Michael

Subjects
United States. Federal Trade Commission -- Laws, regulations and rules, United States. Supreme Court -- Powers and duties, Administrative procedure -- Laws, regulations and rules, Non-competition agreements -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act, Administrative Procedure Act
Abstract

A judge in the Northern District of Texas issued an order setting aside the Federal Trade Commission's rule banning non-compete agreements and ordered that the rule shall not be enforced [...]

Published
2024

38. FTC Steps On Career Step And Alleged Inflated Promises Of Employment Opportunities

Author

Gordon, Leonard

Subjects
United States. Federal Trade Commission -- Powers and duties, Career development -- Laws, regulations and rules, Health care industry -- Laws, regulations and rules -- Human resource management, Health care industry, Government regulation, Company personnel management, Business, international, Federal Trade Commission Act
Abstract

In July, the Federal Trade Commission (FTC) brought a complaint against Career Step LLC for targeting servicemembers with misrepresentations concerning Career Step's ability to match its customers with jobs in [...]

Published
2024

39. What's The FTC 'Up To?' Arise Virtual Solutions And The Gig Economy

Author

Gordon, Leonard

Subjects
United States. Federal Trade Commission -- Powers and duties, Consumer protection -- Laws, regulations and rules, False advertising -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act
Abstract

Last month, in a joint effort with the Department of Labor (DOL), the Federal Trade Commission (FTC) settled an action against Arise Virtual Solutions, Inc. related to charges that the [...]

Published
2024

40. Federal Courts Divided Over FTC's Non-Compete Ban Final Rule

Author

Bame, Jennifer

Subjects
United States. Federal Trade Commission -- Laws, regulations and rules, Non-competition agreements -- Laws, regulations and rules, Labor contracts -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act, Administrative Procedure Act
Abstract

Only a few weeks after a Texas federal court granted a preliminary injunction, which stayed enforcement of the Federal Trade Commission's (FTC) Final Rule ('Rule') banning most non-compete agreements, a [...]

Published
2024

41. GT Newsletter | Competition Currents | August 2024

Author

Casas, Gregory J.

Subjects
United States. Federal Trade Commission -- Powers and duties, United States. District Court. Northern District of Texas -- Powers and duties, Mattress industry -- Laws, regulations and rules, Non-competition agreements -- Laws, regulations and rules, Health care industry -- Laws, regulations and rules, Injunctions -- Laws, regulations and rules, Acquisitions and mergers -- Laws, regulations and rules, Health care industry, Government regulation, Business, international, Federal Trade Commission Act
Abstract

In This Issue1 United States | Mexico | The Netherlands | United Kingdom | Poland | Italy | European Union | Japan United States A. Federal Trade Commission (FTC) 1. [...]

Published
2024

42. FTC Issues Guides For Made In USA Claims

Author

Gordon, Leonard

Subjects
United States. Federal Trade Commission -- Powers and duties, Rules of origin (International trade) -- Interpretation and construction, Labels -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act
Abstract

In early July the Staff of the Federal Trade Commission (FTC) issued new guidance on how to approach Made in USA claims. The agency says the new guidance will help [...]

Published
2024

43. Overview Of The U.S. Copyright Office's AI Digital Replicas ('deepfakes') Report

Author

Touma, Alexander

Subjects
United States. Copyright Office -- Powers and duties, Artificial intelligence -- Laws, regulations and rules, Copyright law -- Interpretation and construction, Government regulation, Artificial intelligence, Business, international, Federal Trade Commission Act, Communications Act of 1934, Lanham Act, Copyright Act of 1976
Abstract

Daren Orzechowski, Alex Touma, and Jack Weinert examine Part 1 of Artificial Intelligence Report on Digital Replicas, published by the U.S. Copyright Office on July 31, 2024. Background: In the [...]

Published
2024

44. New Target In Sight: FTC Zeroes In On Algorithmic Pricing Models Based On Personal Data

Author

Stegmaier, Gerard

Subjects
United States. Federal Trade Commission -- Powers and duties, Artificial intelligence -- Laws, regulations and rules -- Models, Consumer protection -- Laws, regulations and rules, Data security -- Laws, regulations and rules, Price control -- Interpretation and construction, Data entry -- Laws, regulations and rules, Personal information -- Laws, regulations and rules, Government regulation, Data security issue, Artificial intelligence, Business, international, Federal Trade Commission Act
Abstract

Witnessing the race to harness the power of Artificial Intelligence ('AI') by markets and businesses, the Federal Trade Commission ('FTC'), recently issued a warning over the emerging technology and its [...]

Published
2024

45. FTC To Study ​'Surveillance Pricing'

Author

White, Katherine

Subjects
United States. Federal Trade Commission -- Powers and duties, Pricing -- Laws, regulations and rules, Consumer protection -- Laws, regulations and rules, Consumer behavior -- Laws, regulations and rules, Government regulation, Product price, Business, international, Federal Trade Commission Act
Abstract

On July 23, 2024, the Federal Trade Commission (FTC) announced that it had voted unanimously to initiate a new study focused on how companies may be leveraging consumer purchasing behaviors [...]

Published
2024

46. Fed Cracks Down On Utah Bank For Alleged Compliance Failures With $44 Million Fine

Author

Dhaliwal, A.J.

Subjects
United States. Federal Reserve Board -- Powers and duties, Banking industry -- Discipline, Banking industry, Business, international, Federal Trade Commission Act
Abstract

Listen to this post On a July 19, the Federal Reserve Board announced it has issued a consent order against a Utah-based bank and its parent company for engaging in [...]

Published
2024

47. Five Things You Should Know About The FTC's Ban On Noncompetes

Author

Rogers, Joshua L.

Subjects
United States. Federal Trade Commission -- Powers and duties, Labor law -- Interpretation and construction, Non-competition agreements -- Laws, regulations and rules, Labor contracts -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act
Abstract

The Federal Trade Commission (FTC) rattled the business world last month when it issued a rule that would nullify most noncompete agreements. Within 24 hours, the FTC was sued by [...]

Published
2024

48. FTC Non-Compete Update: Pennsylvania Federal Court Declines To Stop FTC Non-Compete Ban

Author

Werner, Julie Levinson

Subjects
United States. District Court. Eastern District of Pennsylvania -- Powers and duties, Non-competition agreements -- Laws, regulations and rules, Injunctions -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act
Abstract

On July 23, 2024, the United States District Court for the Eastern District of Pennsylvania threw its hat into the ring of cases addressing the Federal Trade Commission's (FTC) non-compete [...]

Published
2024

49. FTC Watchdog Monitors Competitive Implications Of Surveillance Pricing

Author

Sokler, Bruce

Subjects
United States. Federal Trade Commission -- Powers and duties, Consumer protection -- Laws, regulations and rules, Price control -- Interpretation and construction, Competition (Economics) -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act
Abstract

Exactly two weeks after issuing an interim staff report on Pharmaceutical Benefit Managers (PBMs) pursuant to its Section 6(b) authority to study markets, the Federal Trade Commission (FTC) has initiated [...]

Published
2024

50. PBMs Under Intensifying Scrutiny From Regulatory Agencies And Legislative Bodies

Author

Kitlowski, Bradley J.

Subjects
United States. Federal Trade Commission -- Powers and duties, Consumer protection -- Laws, regulations and rules, Drugstores -- Laws, regulations and rules, Competition (Economics) -- Laws, regulations and rules, Government regulation, Business, international, Federal Trade Commission Act
Abstract

On July 9, 2024, the Federal Trade Commission (FTC) Office of Policy Planning released an Interim Staff Report titled Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing [...]

Published
2024

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