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Bait, Switch, and Binge Watch: Florida Takes on Netflix
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September 18, 2026
Bait, Switch, and Binge Watch: Florida Takes on Netflix
By: Katie Kovalsky
On September 9, 2026, Florida Attorney General James Uthmeier sued Netflix alleging violations of the Florida Deceptive and Unfair Trade Practices Act and the Florida Digital Bill of Rights.[1] The basis of the allegation is that Netflix built its reputation and sold its monthly services on a false promise that it would let consumers avoid the surveillance associated with major tech companies and instead was “kid-friendly” and “ad-free.”[2] The suit accuses Netflix of breaking this promise by engaging in large scale surveillance and data collection, recording information such as what devices customers and their children use, where they are when they use them, and what content they watch, pause, rewind, search, skip, and abandon. [3] Netflix purportedly uses this data…
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FTC’s Scrutiny of Non-Compete Agreements Provides Key Lessons for Businesses
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…
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…
Equifax Settlement Teaches The Dos and Dont’s About Data Security
July 22, 2019
Equifax Settlement Teaches The Dos and Dont’s About Data Security
By: Nicole Kardell
It’s been a busy summer for the FTC and the federal agency is dominating the headlines. There is the $5 billion settlement with Facebook for failing to better protect user privacy, which was announced earlier this month. Then there is the multimillion dollar settlement with Google for failing to adequately protect children’s privacy. That was announced late last week. Today, the FTC announced a $575…
Ability to Revoke TCPA Consent Limited When Consent Was Provided Via Contract
April 3, 2019
Ability to Revoke TCPA Consent Limited When Consent Was Provided Via Contract
By: Ifrah Law
Although the Telephone Consumer Protection Act (“TCPA”) limits the ways in which companies may contact individuals via automated dialers, with prerecorded messages, or via text message, one of its hallmarks is that companies are entitled to contact consumers who have provided their express consent to be called. However, in 2015, the Federal Communications Commission (“FCC”) stated that individuals who previously consented to be contacted may…
INITIAL EXCHANGE OFFERING: THE NEW PARADIGM FOR CRYTPO CAPITAL?
March 18, 2019
INITIAL EXCHANGE OFFERING: THE NEW PARADIGM FOR CRYTPO CAPITAL?
By: Ifrah Law
Crypto exchange Bittrex made news this week when it announced its first initial exchange offering (IEO), which it was to host through its Malta-based affiliate Bittrex International. Bittrex planned to offer its registered members the opportunity to buy RAID’s XRD token. RAID is an international gaming data blockchain project, with the goal to create a decentralized game data ecosystem where data can be freely exchanged…
Don’t Believe Me Just Watch: Choose Profits over Privacy and the FTC may Funk You Up
March 14, 2019
Don’t Believe Me Just Watch: Choose Profits over Privacy and the FTC may Funk You Up
By: Nicole Kardell
An app for children–wee ones even–to publicize videos of themselves jamming to their favorite tunes. An app that, by default, allows its users to communicate directly with any other users, including wee ones. An app that provides its users a list of other users within a 50-mile radius who they can follow or contact directly (feature removed in 2016). What could pervert-ibly go wrong? It…
UPDATE – NOT SO FAST INDEED: DISTRICT COURT BALKS AT SEC’S BLANKET CHARACTERIZATION OF TOKENS AS SECURITIES BUT THEN RECONSIDERS RULING
February 15, 2019
UPDATE – NOT SO FAST INDEED: DISTRICT COURT BALKS AT SEC’S BLANKET CHARACTERIZATION OF TOKENS AS SECURITIES BUT THEN RECONSIDERS RULING
By: Ifrah Law
An issue of major importance to cryptocurrency and digital token markets has been whether tokens were all to be considered securities under U.S. law. The SEC’s frequent admonishments that it would consider ICOs to be securities offerings has caused a dramatic slowdown in the US ICO market. In one of the first cases to test the SEC’s broad definition, the United States District Court for…
