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FTC’s Scrutiny of Non-Compete Agreements Provides Key Lessons for Businesses
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August 3, 2026
FTC’s Scrutiny of Non-Compete Agreements Provides Key Lessons for Businesses
By: Jordan Briggs
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 limit the anticompetitive effects of these non-competes. The Rollins Complaint gives insight into certain common non-compete pitfalls to avoid. Non-compete agreements are a relatively common tool used by companies in specialized industries to minimize the harm to the company if an employee joins a competitor. These agreements allow the company to restrict an employee’s ability to work for or start a competing business after leaving…
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Ready, Set, Go: More States Adopt Privacy Laws
July 15, 2026
Ready, Set, Go: More States Adopt Privacy Laws
By: Nicole Kardell
Note the below chart was updated on July 15, 2026 to reflect recent developments. The number of U.S. states that have adopted privacy laws grows regularly. Fortunately, there seems to be quite a bit of crossover, at least when it comes to thresholds that companies must meet in order to trigger compliance requirements. We provide below a chart that summarizes these thresholds by state, including…
From Paper to Blockchain: How Tokenized Collateral Could Transform Finance
July 1, 2026
From Paper to Blockchain: How Tokenized Collateral Could Transform Finance
By: John Mikuta
Our financial system is on the verge of a groundbreaking transformation that could rival the shift from film to digital photography. Just as smartphones made it instantaneous to capture and share pictures, blockchain-based tokenization of traditional assets could make financial transactions just as seamless. Even though we are now over a quarter of the way through the 21st century, today’s financial infrastructure hasn’t caught up…
FTC Enforcement reminds Companies to live up their Promises
April 15, 2020
FTC Enforcement reminds Companies to live up their Promises
By: Nicole Kardell
The FTC recently announced its settlement with Tapplock, Inc., a maker of smart padlocks (Internet-connected fingerprint-enabled padlocks that you can use in lieu of old-fashioned combo locks). The FTC investigated the Canadian-based company for its allegedly false claims that its Internet-connected smart locks were designed to be “unbreakable” and that the company took reasonable steps to secure the data that it collected from consumers. According…
Failure to Certify: Companies That Falsely Claim They Are Privacy Shield Certified or Let Their Certification Lapse Face Enforcement Action.
April 8, 2020
Failure to Certify: Companies That Falsely Claim They Are Privacy Shield Certified or Let Their Certification Lapse Face Enforcement Action.
By: Nicole Kardell
Does your company’s privacy policy include a claim that it is Privacy-Shield certified? If so, you should ensure that it is, in fact, certified and that the certification has not lapsed. Failures in this area are low-hanging fruit for government enforcement actions. A little background on the Privacy Shield Framework. The U.S. Privacy Shield framework facilitates the legal transfer of consumer data from the E.U….
Telemarketing Restrictions During State of Emergency
April 7, 2020
Telemarketing Restrictions During State of Emergency
By: Nicole Kardell
If part of your marketing plan involves calls to consumers, please be aware of additional telemarketing restrictions in some states (presently New York and Louisiana) during a state of emergency. New York New York recently enacted a law to prohibit unsolicited telemarketing calls during a state of emergency. Since New York Governor Andrew Cuomo has declared a state of emergency (on March 7, and…
TCPA Prior Express Consent Via Business Card? Third Circuit Says “Yes, It Counts”
April 1, 2020
TCPA Prior Express Consent Via Business Card? Third Circuit Says “Yes, It Counts”
By: Ifrah Law
As businesses that make telemarketing or automated/prerecorded phone calls and send text messages and telemarketing faxes are well aware, the federal Telephone Consumer Protection Act (“TCPA”) imposes certain restrictions on communications sent without the recipient’s express consent or permission. Many courts view the “prior express consent” or permission requirement quite broadly. And just this week, the broad interpretation of “prior express consent” was reaffirmed and…
Privacy Pointers for Employees of the Teleworking World
March 26, 2020
Privacy Pointers for Employees of the Teleworking World
By: Nicole Kardell
Work got a lot more personal when it moved in with my family. For people used to keeping a healthy divide between their business and personal lives, the new telework dynamic can be particularly stressful. That “healthy divide” can crumble under the weight of quarantine as tiny voices (kids and pets) infiltrate teleconference and video conference calls – “I didn’t know Joe had kids!” “Who’s…
