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FTC Nominee Lina Khan Sails through Committee with Bipartisan Support While Chopra Awaits Senate Vote for CFPB Director

By Alysa Zeltzer Hutnik & Donnelly L. McDowell

May 12, 2021

The Senate Commerce Committee today voted overwhelmingly to move forward with Lina Khan’s nomination as FTC Commissioner, signaling that Khan is likely to ultimately be confirmed as the youngest Commissioner ever at 32. As we previously discussed here, Khan is primarily known as an antitrust scholar advocating for more exacting scrutiny of big tech companies. Although Khan is likely to also advocate for more aggressive enforcement in consumer protection matters, a position that sometimes…

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FTC and Right to Repair

By Christie Grymes Thompson

May 11, 2021

Companies watching the “right to repair” legislation proposed in some states should not lose sight of the federal landscape. Last week the FTC released a bipartisan report concluding that there is “scant evidence to support manufacturers’ justifications for repair restrictions.” This will likely add momentum to groups pushing for legislation requiring companies, particularly electronics manufacturers, to create products that people can fix without extra costs or having to purchase special tools. The report responds to…

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Dietary Supplement and Personal Care Products Regulatory and Litigation Highlights – April 2021

By Kristi Wolff, Jaclyn Metzinger & Aaron Haberman

May 9, 2021

Welcome to our monthly digest of litigation and regulatory highlights impacting the personal care product and dietary supplement industry. April saw a re-emphasis on restriction of COVID-related claims in advertisements for supplements and therapies, developments in various class action cases, including a win for consumers challenging hand sanitizer’s claims of killing 99.99% of germs and a slew of new “natural” class actions, and finally a roller coaster ride for the FTC involving major blows and…

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Key Developments in CCPA Litigation for Q1 2021

By Alysa Zeltzer Hutnik, Paul A. Rosenthal, William Pierotti, Tahir L. Boykins & Lauren Zhang

May 4, 2021

As we move deeper into the second year of CCPA litigation, the substantive issues continue to develop and we remain focused on the patterns and implications of recent filings and rulings. In this post, we highlight notable developments in three cases that occurred in the first quarter of 2021. These cases raise significant issues regarding judicial interpretation of the private right of action in the CCPA, the definition of a “data breach,” and CCPA…

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Ad Law Access Podcast – Privacy Compliance Tech-Tools and Strategies

By Alysa Zeltzer Hutnik

May 4, 2021

With AdTech (tracking individuals and their online or in app behaviors to build a profile of them to better serve and more effectively target them) and MarTech (strategies and technologies to generate demand, attention, and sales for a product) now the most celebrated or perhaps infamous areas in privacy today, being a privacy lawyer has changed dramatically in just a few years. Privacy lawyers are not only counseling and guiding companies along the lines of…

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Congressional Democrats Sound the Alarm, Rally In an Effort to Restore Pre-AMG 13(b) Enforcement Authority

By John E. Villafranco & Maggie Crosswy

April 28, 2021

Yesterday, less than a week after the Supreme Court’s unanimous decision in AMG Capital Management v. FTC, two Congressional committees zeroed in on the FTC’s hollowed-out Section 13(b) authority, the fate of which now lies squarely with Congress. Leading Democrats in both chambers have expressed the urgent need for legislation to clarify and strengthen the statute in AMG’s wake. As stated by House Energy and Commerce Committee Chairman Frank Pallone (D-NJ) on Tuesday, “What my…

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Ninth Circuit Moves Quickly to Apply AMG

By John E. Villafranco & Bez Stern

April 28, 2021

The 13(b) dominoes are beginning to fall. Last week, a unanimous AMG Court found that Section 13(b) does not allow for monetary remedies. A panel of the Ninth Circuit, in Federal Trade Commission v. Cardiff et al, quickly took that decision to heart. In a brief, three-paragraph order, the per curiam panel vacated the district court’s preliminary injunction order, that had been entered into “to preserve assets pending a final judgment that could include…

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Lina Khan Confirmation Hearing Signals Potential Big Changes for FTC

By Aaron Burstein, Saira Nayak & Kaelyne Yumul Wietelman

April 26, 2021

Update: On May 12th, Lina Khan received bipartisan approval from the Senate Commerce Committee for her nomination as FTC Commissioner. This paves the way for her confirmation hearing before the full Senate which has yet to be scheduled. See our blog post here: FTC Nominee Lina Khan Sails through Committee with Bipartisan Support While Chopra Awaits Senate Vote for CFPB Director Lina Khan’s nomination to be an FTC Commissioner took an important step forward on…

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Can Congress Amend Section 13(b) to Allow for Retroactive Restitution?

By John E. Villafranco & Bez Stern

April 23, 2021

Now that the Supreme Court has decided AMG Capital Management, LLC v. Federal Trade Commission (regardless of your rooting interests, quite a day, eh?) all eyes turn toward Congress, as it considers whether to amend Section 13(b) of the FTC Act. As we explained yesterday, in AMG, the Supreme Court definitively (9-0) held that the current text of the statute only allows for injunctive relief. While the official line is that the FTC does…

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Supreme Court Finds Section 13(b) Does Not Allow for Monetary Remedies

By John E. Villafranco & Bez Stern

April 22, 2021

This morning, the Supreme Court released its long-awaited opinion in AMG Capital Management v. FTC. Judge Breyer issued the decision for a unanimous Court. As we had predicted following oral arguments, the Supreme Court found that Section 13(b) of the FTC Act does not allow for monetary remedies. The Court’s conclusion, stated at the outset, is straightforward and unambiguous: “The question presented is whether th[e] statutory language” allowing the FTC to seek injunctive relief “authorizes…

Ad Law Access

Updates on Advertising and Privacy Law Trends, Issues, and Developments

Blog Authors

FTC Nominee Lina Khan Sails through Committee with Bipartisan Support While Chopra Awaits Senate Vote for CFPB Director

FTC and Right to Repair

Dietary Supplement and Personal Care Products Regulatory and Litigation Highlights – April 2021

Key Developments in CCPA Litigation for Q1 2021

Ad Law Access Podcast – Privacy Compliance Tech-Tools and Strategies

Congressional Democrats Sound the Alarm, Rally In an Effort to Restore Pre-AMG 13(b) Enforcement Authority

Ninth Circuit Moves Quickly to Apply AMG

Lina Khan Confirmation Hearing Signals Potential Big Changes for FTC

Can Congress Amend Section 13(b) to Allow for Retroactive Restitution?

Supreme Court Finds Section 13(b) Does Not Allow for Monetary Remedies

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