In a long awaited decision, the FTC’s chief administrative law judge (ALJ) ruled against FTC staff and held that LabMD did not violate Section 5 of the FTC Act by not reasonably securing customer data. The basis for the
Antitrust Law Source
Antitrust Law Source, published by Porter Wright Morris & Arthur LLP, focuses on developments in antitrust enforcement and competition law. The blog covers state and federal antitrust enforcement trends, including state attorneys general activities and multistate coordination efforts. It provides updates on legislative changes affecting antitrust laws, such as algorithmic pricing regulations and single-firm conduct statutes. The blog also addresses compliance with the Hart-Scott-Rodino (HSR) Act, including recent enforcement actions, changes to filing requirements, and annual threshold adjustments. Additionally, it discusses issues related to interlocking directorates and civil penalties under antitrust statutes, offering guidance for businesses navigating merger reviews and competition regulations.
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Third Circuit affirms FTC authority to sanction companies’ insufficient cyber security postures
The Third Circuit’s recent ruling in FTC v. Wyndham Worldwide Corp., No. 14-3514 (3rd Cir. Aug. 24, 2015) marks a watershed moment in the ongoing saga of Wyndham Worldwide Corporation’s (Wyndham) data breach litigation. Prior to this decision, federal cyber…
Violate the Rules Once, Shame on You, Violate the Rules Twice…Go Get Your Checkbook
The Federal Trade Commission (“FTC”) and U.S. Department of Justice (“DOJ”) have a slightly different take on the old saying of “fool me once” when it comes to violating the premerger notification requirements as two investors recently found out. As…
More insights into Amazon …
I recently spoke with Zosha Millman of LXBN for her recent post
Is Amazon Opening Another Confusing Antitrust Door with Its New Sale Ban?
As you can imagine, Amazon’s recent move to cease offering Apple or Google streaming devices has left…
Let the antitrust battles begin… State licensures of professional services: A look at personal training
With the explosion of personal services industries, many states are seeking to enact new professional licensing and regulation in many industries.
From healthcare to eyebrow threading to personal training, states are considering who can practice and what type of training…
Deletion of Emails Not Enough To Support Obstruction Conviction
The United States Court of Appeals for the Ninth Circuit ruled Monday that moving emails from an inbox to deleted items is not sufficient to establish Obstruction of Justice under 18 U.S.C. § 1519. In reaching this conclusion, the Court…
FTC Breaks 100-Year Silence and Issues “Statement of Enforcement Principles”
On August 13, the FTC issued its “Statement of Enforcement Principles Regarding ‘Unfair Methods of Competition’ Under Section 5 of the FTC Act.” The 1-page policy statement provides a general framework for the Commission’s exercise of its “standalone”…
Lawyers: In a class of their own
Ever wonder how many lawyers can fit into one courtroom? Judge Catherine Perry of the U.S. District Court of the Eastern District of Missouri just may find out. On July 14, Judge Perry granted a motion to certify a class…
Managing post-data breach litigation just got harder
Data breaches are messy stuff, no doubt about that. They consume a huge amount of corporate resources, damage a company’s goodwill and can cost a lot of money. No real news there. And while the technological challenges in preventing, and…