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9 Oct 2020, 7:24 am
The Court examined the FTC’s guidance on the FTC Franchise Rule to determine whether the “significant degree of control” or “significant assistance” required by the FTC Franchise Rule conflicts with the ABC test’s “free from control” requirement. [read post]
9 Oct 2020, 3:00 am
The memo reviews recent FTC challenges to the terms of non-competition agreements entered into as part of an acquisition, and offers some tips to help mitigate the […] [read post]
8 Oct 2020, 10:36 pm
The post Expert Mentor Session Part 1: Importance of a Business Contract appeared first on Cohen Healthcare Law Group | Healthcare Lawyers | FDA & FTC Law. [read post]
8 Oct 2020, 3:04 pm
The court concluded that “[w]here there is a conflict between the Massachusetts [Independent Contractor Law] and a regulatory scheme, the specific [FTC Rule] trumps the general [ICL]. [read post]
8 Oct 2020, 1:09 pm
In addition, the FTC could find that the inducement [read post]
8 Oct 2020, 9:00 am
The post Judge Confirms FDA Regulation of Stem Cell Industry appeared first on Cohen Healthcare Law Group | Healthcare Lawyers | FDA & FTC Law. [read post]
7 Oct 2020, 9:00 am
In an antitrust case styled FTC v. [read post]
7 Oct 2020, 5:05 am
Epic will presumably quote from that report in future court filings, trying it to use it as persuasive authority--but persuasive authority is what it will be at best, and conservative judges (like two of the three judges who heard FTC v. [read post]
6 Oct 2020, 1:46 pm
The comment period for the Federal Trade Commission’s (FTC) “Made in the USA” (MUSA) labeling proposed rule closed on September 14,... [read post]
6 Oct 2020, 9:02 am
FTC (19-508) and FTC v. [read post]
6 Oct 2020, 8:59 am
Both the FTC and CFPB, along with other agencies, share enforcement responsibilities under the FDCPA. [read post]
5 Oct 2020, 8:17 am
As the Court reasoned, it was impossible for any franchise to satisfy the first prong of the ABC test, requiring a demonstration that the independent contractor is free from the principal’s control, given that the FTC franchise rule only applies to relationships in which the franchisor exerts a significant degree of control over, or provides significant assistance to the franchisee in its method of operation. [read post]
5 Oct 2020, 2:00 am
Settle in with the Chat Français for some French carb loading of delicious, fresh patent decisions from the first half of 2020Finding it difficult to keep up with an ever-changing world in the midst of a health, environmental, social and political crisis, while keeping up with patent law? [read post]
4 Oct 2020, 6:00 pm
Recent Headlines in the IP World: Paddy Baker: Ripple Wins US Patent for New Oracle-Based Smart Contract Design (Source: Yahoo Finance) Valerie Bauman: Third Circuit Limits FTC Ability to Recoup Profits From AbbVie (1) (Source: Bloomberg Law) Jon Cohen: The Latest Round in the CRISPR Patent Battle has an Apparent Victor, But the Fight Continues (Source: Scientific American) Mike Peterson: Future HomeKit System Could Track Users Through Rooms, Authenticate Via Biometrics (Source: Apple… [read post]
2 Oct 2020, 10:56 pm
appeared first on Cohen Healthcare Law Group | Healthcare Lawyers | FDA & FTC Law. [read post]
2 Oct 2020, 7:16 pm
EVENT DESCRIPTION The Federal Trade Commission's Bureau of Economics and the Tobin Center for Economic Policy at Yale University will virtually host the 13th Annual FTC Microeconomics Conference on November 5 and 6, 2020. [read post]
2 Oct 2020, 3:09 pm
The best-if-used by dates of October 2, 3, and 4, 2020 and the SKUs are as follows: Walmart – Freshness Guaranteed Watermelon 4 x 10 oz – UPC Code: 681131180672 Watermelon 2 x 32 oz – UPC Code: 681131180672 Watermelon Chunks 2 x 42 oz – UPC Code: 681131180658 Watermelon Spears 4 x 16 oz – UPC Code: 681131180665 Summer Blend FTC 4 x 5 oz – UPC Code: 681131355094 RaceTrac Watermelon 5.5oz – UPC Code: 74641000644 Melon Trio 5.5oz – UPC Code:… [read post]
2 Oct 2020, 2:52 pm
The recall products: Walmart – Freshness Guaranteed Watermelon 4 x 10 oz – UPC Code: 681131180672 Walmart’s Summer Blend recalled over Listeria concerns.Watermelon 2 x 32 oz – UPC Code: 681131180672 Watermelon Chunks 2 x 42 oz – UPC Code: 681131180658 RaceTrac’s Melon Trio recalled over Listeria concerns.Watermelon Spears 4 x 16 oz – UPC Code: 681131180665 RaceTrac’s Watermelon recalled over Listeria concerns.Summer Blend… [read post]
2 Oct 2020, 11:15 am
This week in Other Barks & Bites: the USPTO issues a final rule to facilitate its role as a receiving office for international patent applications in the ePCT system; the Third Circuit overturns a disgorgement award to the Federal Trade Commission (FTC) after ruling that Section 13(b) of the FTC Act provides no such remedy; the Ninth Circuit decides an issue of first impression, requiring the showing of likelihood of confusion to establish trademark counterfeit claims; Sonos… [read post]
2 Oct 2020, 11:15 am
This week in Other Barks & Bites: the USPTO issues a final rule to facilitate its role as a receiving office for international patent applications in the ePCT system; the Third Circuit overturns a disgorgement award to the Federal Trade Commission (FTC) after ruling that Section 13(b) of the FTC Act provides no such remedy; the Ninth Circuit decides an issue of first impression, requiring the showing of likelihood of confusion to establish trademark counterfeit claims; Sonos… [read post]