Insights < BACK TO ALL INSIGHTS
Legislation, Regulation Posts
FTC’s Scrutiny of Non-Compete Agreements Provides Key Lessons for Businesses
Aug 3, 2026
FTC’s Scrutiny of Non-Compete Agreements Provides Key Lessons for Businesses
Recently, the Federal Trade Commission (“FTC”) announced it finalized a consent order with pest control company Rollins, Inc. that requires Rollins to stop enforcing its existing non-compete agreements with over 18,000 employees.[1] This consent order signals that although the FTC stopped pursuing an outright ban on employee non-compete agreements,[2] the agency is still poised to…
I Predict the FTC and Class Action Plaintiffs May Have a Problem with Prediction Market Influencers
Jun 11, 2026
I Predict the FTC and Class Action Plaintiffs May Have a Problem with Prediction Market Influencers
Prediction markets are the hottest topic in gaming right now. Industry leaders Kalshi and Polymarket have provided substantial fodder for debates at the summer gaming conferences, in the gaming trade press, and in mainstream media. Most of that discussion focuses on state versus federal regulation, an issue that the U.S. Supreme Court will likely need…
Meta’s Bay State Blues: Mass. High Court Finds Another Crack in the Section 230 Shield
Apr 20, 2026
Meta’s Bay State Blues: Mass. High Court Finds Another Crack in the Section 230 Shield
Meta’s Bay State Blues: Mass. High Court Finds Another Crack in the Section 230 Shield Mere weeks after juries in California and New Mexico returned multi-million-dollar verdicts against Meta Platforms, Inc., the social media company suffered another defeat. On April 10, the Massachusetts Supreme Judicial Court (SJC) rejected the social media company’s attempt to raise…
Is Scrolling the New Smoking?
Jan 21, 2026
Is Scrolling the New Smoking?
In the final weeks of 2025, New York passed a law requiring social media platforms with “certain predatory features” to display warning labels about “the dangerous impact” those features pose to the mental health of users under the age of eighteen.[1] These so-called “predatory features” include continuous and infinite scrolling, displaying addictive feeds, and automatically…
The SEC Signs on to Arbitration
Sep 29, 2025
The SEC Signs on to Arbitration
Early last week, on September 17, 2025, the SEC announced that it will no longer consider the presence of a mandatory arbitration provision in a company’s charter or bylaws when deciding whether to accelerate the effectiveness of a registration statement. This policy shift will permit companies to include arbitration clauses in their governing documents to…
Pause Play? CFPB Gaming-Related Rules on Hold
Feb 12, 2025
Pause Play? CFPB Gaming-Related Rules on Hold
Newly installed Consumer Financial Protection Bureau (“CFPB”) Director Russell Vought directed agency staff to stop work on agency matters and stay home. The future of many of the CFPB-led initiatives looks bleak, including a recent interpretive rule proposal that would treat video game publishers like payment processors. Background Congress created the CFPB, an independent federal…
Temporary relief from compliance obligations under the Corporate Transparency Act
Dec 5, 2024
Temporary relief from compliance obligations under the Corporate Transparency Act
On December 3, 2024, a U.S. District Court[1] issued a nationwide preliminary injunction that enjoins the federal government from enforcing the Corporate Transparency Act (the CTA)[2]. The CTA requires “reporting companies” in the United States to disclose basic identifying information about their beneficial owners — the individuals who ultimately own or control a company —…
Will Free Speech Become Expensive for Big Tech?
Dec 2, 2024
Will Free Speech Become Expensive for Big Tech?
Section 230 of the Communications Decency Act[1] is the federal law that allows internet platforms to host online content without fear of lawsuits based on third party content. In other words, for hosting free speech, internet providers are given immunity from liability if the speech somehow crosses the line from protected free speech into unprotected…
Dolce Vita Ruling a Win for Cookies and Pixels Alike
Nov 21, 2024
Dolce Vita Ruling a Win for Cookies and Pixels Alike
In recent years, companies in industries from media to healthcare have faced a rash of lawsuits challenging their use of common web tracking technologies such as the Meta Pixel. These cases generally allege that the use of such tracking technologies violates common law privacy protections and a wide range of state and federal privacy statutes….
FTC Adds COPPA Violations to the Growing List of Privacy Concerns While TikTok is on the Clock
Aug 13, 2024
FTC Adds COPPA Violations to the Growing List of Privacy Concerns While TikTok is on the Clock
For years now, TikTok has seemed to be the center of attention. From viral baking content to true crime to dancing videos to family-influencer content, everyone seems to be on it or talking about it. And the FTC has said that’s part of the problem. On August 2, the Department of Justice (“DOJ”) brought a suit…
