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A Blog About FTC regulations and happenings

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 a foregone conclusion – particularly in a world where artificial intelligence (“AI”) can generate works of art that rival the sketches of history’s greatest creators. Generative AI programs, such as DALL-E and Midjourney, allow users to input text prompts to generate one-of-a-kind images. The possibilities seem endless - users can generate hundreds of images of varying styles, mediums, and time periods. In its online user guide, Midjourney provides an example of the technology’s capabilities, demonstrating that a user may generate several versions of “cat illustration,” in varying styles, ranging from a charcoal sketch to an 1800’s-style formal portrait. While this technology is undoubtedly both exciting and entertaining, it raises a question that has plagued... 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

Over the last year, an abundance of headlines detailing innovations in artificial intelligence (AI) technology have hit the news cycle. Beyond mere technical advancements, many reports have discussed AI’s potential to revolutionize innumerable industries and the workplace, whether for better or worse.  The White House is accordingly delving into AI’s role in the workplace, recently… Read More

Congress enacted Section 524(g) of the Bankruptcy Code in 1994. That statute requires a 75% supermajority of claimants to approve a bankruptcy plan binding on future claimants and containing injunctions protecting the debtor and other third parties. The statute handed veto power to prominent plaintiff law firms. Companies facing mass tort liabilities, primarily asbestos, were… Read More