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27 Sep 2018, 11:03 am by Yan Shvartzshnaider
” These outline general expectations and fall under the deceptive practice of the Federal Trade Commission (FTC) act; nevertheless these expectations are difficult to capture and asses using the CI framework because they do not articulate in terms of appropriate information flows. [read post]
Additionally, the RFC describes eight overarching goals for federal action on privacy: Regulatory harmonization Legal clarity while maintaining the flexibility to innovate Comprehensive application Risk and outcome-based approach Interoperability Incentivize privacy research FTC enforcement Scalability The NTIA is seeking comments on the listed outcomes and goals, as well as other issues such as if the FTC needs additional resources to achieve the goals. [read post]
Additionally, the RFC describes eight overarching goals for federal action on privacy: Regulatory harmonization Legal clarity while maintaining the flexibility to innovate Comprehensive application Risk and outcome-based approach Interoperability Incentivize privacy research FTC enforcement Scalability The NTIA is seeking comments on the listed outcomes and goals, as well as other issues such as if the FTC needs additional resources to achieve the goals. [read post]
27 Sep 2018, 5:00 am by D Daniel Sokol
Federal Trade Commission (FTC) examine Price Effects of a Merger: Evidence from a Physicians’ Market. [read post]
26 Sep 2018, 9:00 am by Andrew B. Lustigman
Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in a Law360 article about the Federal Trade Commission’s suit against A&O Enterprises Inc. for making false claims about their intravenous therapy products. [read post]
26 Sep 2018, 7:50 am by John Jascob
A supplemental explanation of the model rule proposal observed that the Federal Trade Commission already requires state-registered investment advisers to deliver a privacy policy to clients and that the NASAA proposal would clarify that annual delivery is required, even though the FTC currently does not explicitly mandate annual delivery. [read post]
24 Sep 2018, 11:25 am by Daniel J. Green
Butler provides another reason (on top of the joint FTC/DOJ Antitrust Guidance for Human Resources Professionals and DOJ enforcement actions following through on that guidance) for employers to ensure their restrictive covenants are not only enforceable but compliant with antitrust law. ______________________ [1] Jimmy John’s has since agreed to remove the challenged provisions from their franchise agreements. [read post]
In 2016, the DOJ and FTC released guidance that no-poaching agreements that are not bundled within some other, legitimate agreement (e.g., a consulting agreement or the sale of a business) are a form of collusion that is unlawful under the antitrust laws. [read post]
23 Sep 2018, 12:33 pm by Stuart Kaplow
In an era when concern over legal liability for building claims is real, not only enforced by the FTC and state attorneys’ generals, but also in consumer class action suits, it is likely unwise to make the claim that a building is net zero energy use or the like, .. what does net zero mean? [read post]
22 Sep 2018, 8:46 pm by Patent Docs
Nicholas Mitrokostas of Goodwin Procter LLP, Richard Mortimer of Anaylsis Group, and Michael Perry of Baker Botts LLP will discuss: • The likely shape of settlements in patent litigation between innovator biologic companies and biosimilar aspirants • In light of FTC challenges to a series of contemporaneous business deals including patent settlements, the future of non-cash forms of compensation • As multiple patents in biosimilar infringement litigation can be... [read post]
22 Sep 2018, 9:00 am by Michael H Cohen
This is a story about how Harry, a healthcare entrepreneur, worked through a proposed arrangement that was raising Stark and Anti-Kickback issues. [read post]
20 Sep 2018, 5:39 pm by Goldstein Law Firm
California, Illinois and Maryland), franchisors must meet certain requirements in addition to those imposed under the Federal Trade Commission’s (FTC) Franchise Rule (the FTC Franchise Rule establishes the nationwide standard for the 23-item Franchise Disclosure Document (FDD)). [read post]
20 Sep 2018, 8:00 am by Aaron Lancaster
” According to the AG, “[t]his conduct endangers the children of New Mexico, undermines the ability of their parents to protect children and their privacy, and violates state and federal law,” including the Children’s Online Privacy Protection Act (COPPA), the Federal Trade Commission Act (the FTC Act) and the New Mexico Unfair Practices Act. [read post]