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A Blog About FTC regulations and happenings

Major Developments on the Horizon for Bankruptcy Law
November 16, 2023

Major Developments on the Horizon for Bankruptcy Law

By: George Calhoun
The Supreme Court rarely hears bankruptcy cases – typically one per term. But 2023 has been different, the Court already has ruled on four bankruptcy matters, including sovereign immunity issues with respect to Puerto Rico and Indian tribes, appellate review of § 363 sale orders, the discharge of debts obtained by another’s fraud. In addition to those cases, the Court is currently poised to decide two major bankruptcy cases arising out of mass tort bankruptcies. The Court will hear argument on December 4 in the Purdue Pharma bankruptcy in which it will consider the propriety of nonconsensual third-party releases. The Court also recently accepted certiorari in the Kaiser Gypsum bankruptcy to decide the issue of insurer standing in mass-tort bankruptcy cases. Additional cases concerning the appropriate standard for the dismissal of a bad faith bankruptcy are currently pending in the Fourth Circuit (Bestwall and DBMP) and the Third Circuit (J&J/LTL Management) and reflect another burgeoning circuit split. All these issues will shape the future for mass-tort, and many other,... Read more

As state legislatures pursue laws directed at online safety and privacy for children, federal courts are striking down their efforts. The latest example is California’s Age-Appropriate Design Code Act (CA-AADC), which a federal judge in the Northern District of California enjoined from enforcement. While larger questions loom about constitutional authority and what is the best… Read More

If asked to name the greatest artists of all time, you may think of well-known figures such as Vincent Van Gogh, Pablo Picasso, and Michelangelo. What do these artists have in common – apart from their creative talent? They’re human. While that answer may seem painfully obvious, the humanity of authorship may not always be… Read More

Ready, Set, Go: More States Adopt Privacy Laws
July 18, 2023

Ready, Set, Go: More States Adopt Privacy Laws

By: Nicole Kardell

If you blinked over the past couple of months, you may have missed it: the number of U.S. states that have adopted privacy laws has more than doubled. We are now up to 11 states (not including Nevada, which has a narrow privacy law on the books) with privacy frameworks. Fortunately, there seems to be… Read More

The Federal Trade Commission (“FTC”) recently issued updated “Endorsement Guides.” Guides, last revised in 2009, give businesses guidance on what endorsement practices may be considered “unfair” or “deceptive” under the FTC Act.  They also provide the general principles the FTC will use in evaluating endorsements and testimonials. As social media has evolved, the FTC has… Read More

The Commodities Futures Trading Commission (“CFTC”) has only brought one lawsuit against a Decentralized Autonomous Organization, or a DAO, which was recently decided in federal court. The case involved a decentralized finance trading protocol “that had transformed into a decentralized autonomous organization, a DAO, offering leveraged and margined retail commodity transactions to the public,” according… Read More

On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act”, or “Act”) becomes effective, imposing new obligations on online marketplaces like Amazon, eBay, and Etsy.  Specifically, the INFORM Consumers Act requires online marketplaces to verify and disclose high-volume third-party sellers’ identities. Congress enacted the law… Read More

When faced with federal agency enforcement actions, companies frequently enter into consent decrees with the government to avoid the time, expense, and uncertainties of litigation. Consent decrees often involve the payment of settlement monies. They can also include lengthy commitments in furtherance of compliance, such as annual reporting and officer certifications. Consent decrees may also… Read More