Federal Trade Commission (FTC) chairman Andrew Ferguson has promised vigorous law enforcement under his leadership. Consistent with that promise, on June 10, 2025, the Commission announced a $1.9 million settlement with Florida-based Evoke Wellness and two of its corporate
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When Gossip Becomes Defamation: Liability for Rumors and Their Ripple Effects
In the age of group chats and rumor mills, telling even one person a damaging rumor can unleash consequences far beyond the intent of the original conversation. But when does gossip cross the legal line?
A recent decision out of
The Libel-Proof Plaintiff
Who can’t recover for defamation even though they may have been libeled?
The libel-proof plaintiff.
The “libel-proof plaintiff” doctrine provides an independent ground for dismissing a defamation cause of action on the basis that a person with a widespread reputation
Paid Partnership Problems: Uptick in Influencer Class Actions and NAD Scrutiny
As influencer marketing continues to dominate social media, the legal risks are catching up. In two recent class action lawsuits, companies and their social media influencers are facing allegations of deceptive advertising. Viewed in conjunction with a string of decisions
Cut to the Chase: FTC Trims Staff but Keeps Enforcement Focus
On May 15, Federal Trade Commission (FTC) chairman Andrew Ferguson testified before the House Appropriations Committee in support of the FTC’s budget request. His testimony provides insight into the agency’s downsizing and its strategic enforcement priorities moving forward.
Ferguson reported
President Trump Signs Take It Down Act into Law
On May 19, 2025, President Trump signed into law the Take It Down Act. The new law imposes strict takedown obligations and creates new civil and criminal liabilities for individuals and platforms that distribute nonconsensual intimate images (NCII).
The Act
The FTC Defers Compliance Deadline for Updated Negative Option Rule to July 14—A Fast VAST Update
On Friday, the Federal Trade Commission voted to defer the compliance deadline for the amended Negative Option Rule by 60 days. The Commission issued a statement on the new deadline.
The delay reflects the FTC’s response to various commenters
FTC Staff Issues Guidance Ahead of New Rule Targeting Deceptive Fees
Last week, the Federal Trade Commission (FTC) published a set of Frequently Asked Questions (FAQ) aimed at helping businesses and consumers understand the agency’s Rule on Unfair or Deceptive Fees, which takes effect on May 12, 2025. The new
To Be or Not to Be…Discoverable: Third-Party Litigation Funders
Should California courts permit litigants to conduct discovery into litigation funding, namely whether a third party is funding their adversary’s litigation efforts?
Certainly, parties defending a case will want to know, “Who are we really litigating against, and what are
California Supreme Court Finds Parties Cannot Contract Away Liability for Willful Injury
On April 24, 2025, the California Supreme Court held that contract clauses that limit damages for injuries caused by willful tortious conduct are prohibited by Section 1668 of the California Civil Code.