Rock concert, cheering crowd in front of bright colorful stage lights, Hands up with pleasure from the show

Ticketmaster’s Cruel Summer – the potential implications of a DOJ lawsuit against the ticketing platform and why concert fans may not be out of the woods yet.

Ticketmaster’s Cruel Summer – the potential implications of a DOJ lawsuit against the ticketing platform and why concert fans may not be out of the woods yet.

May 16, 2024

Ticketmaster’s Cruel Summer – the potential implications of a DOJ lawsuit against the ticketing platform and why concert fans may not be out of the woods yet.

By: Abbey Block

It looks like it could be a “cruel summer” for the country’s largest concert promoter, Live Nation Entertainment and its subsidiary ticketing platform, Ticketmaster. In early April, the Wall Street Journal reported that the Department of Justice was preparing to file a lawsuit against the promoter, alleging that the company used its monopoly over the industry to prevent competition, harming consumers in the process. Indeed it is hard to deny that Live Nation and Ticketmaster dominate the live event ticketing industry given that they control about 70 percent of the market for ticketing and live events. The lawsuit comes on the heels of an investigation by the Department of Justice into Ticketmaster and its parent company, Live Nation Entertainment. The…

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The FTC Kills Noncompetes

April 30, 2024

The FTC Kills Noncompetes

By: George Calhoun

In a groundbreaking move that will reshape the workplace and many litigation practices nationwide, the FTC has issued a final rule that effectively bans all employee non-compete clauses.  Approximately 30 million Americans currently work under a non-compete clause.  All but a few applicable to senior executives will be void upon the effective date of the rule. After the rule is effective, no new non-compete clauses…

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Ad-Tech Europe: The Moving Target Marking Targeted Advertising

April 26, 2024

Ad-Tech Europe: The Moving Target Marking Targeted Advertising

By: Nicole Kardell

The European Data Protection Board (“EDPB”) recently published an opinion on the legality of pay-or-consent models for online platforms offering services in Europe.  While the opinion is non-binding and limited to “large online platforms[1],” companies that offer platforms large and small in Europe should pay attention to the EDPB’s analysis—it will inform their future guidance for entities large and small. The upshot: Pay-or-consent models [for…

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Judge Flunks Case Against LabMD, FTC Appeals

April 20, 2016

Judge Flunks Case Against LabMD, FTC Appeals

By: Jeffrey Hamlin

In March 2015, I wrote about the ongoing dispute between the FTC and LabMD, an Atlanta-based cancer screening laboratory, and looked at whether the FTC has the authority to take enforcement action over data-security practices alleged to be insufficient and therefore “unfair” under section 5(n) of the Federal Trade Commission Act (“FTCA”). On November 13, 2015, an administrative law judge ruled that the FTC had…

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Wells Fargo Learns That Recording Calls In California Can Be Costly

April 5, 2016

Wells Fargo Learns That Recording Calls In California Can Be Costly

By: Michelle Cohen

In the past few years, many organizations such as Capital One, Bass Pro Outdoor, and the Cosmopolitan Hotel have faced class actions alleging violations of California’s call recording law.  This week, California’s Attorney General demonstrated that her office, working with state prosecutors, will also vigorously enforce the law under the state’s criminal statutes.  Attorney General Harris announced an $8.5 million dollar settlement with Wells Fargo…

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Arbitration Under Fire: Brace Your Company for Less Contract Freedom and More Class Actions

March 31, 2016

Arbitration Under Fire: Brace Your Company for Less Contract Freedom and More Class Actions

By: George Calhoun

Since the Federal Arbitration Act (FAA) of 1925, the United States has had a policy preference for arbitration, even when an arbitration provision includes language barring class action litigation.  We saw this most recently in December 2015 when the Supreme Court reversed a decision by a California Court of Appeal to invalidate a class-arbitration waiver within a service agreement between DirecTV and its customers.[1]  But…

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To Refer, Or Not To Refer? OIG’s Outdated Health Care Referral Restrictions

March 21, 2016

To Refer, Or Not To Refer? OIG’s Outdated Health Care Referral Restrictions

By: Drew Barnholtz

The Office of the Inspector General, which enforces Health and Human Services, has long been averse to referral services that don’t meet certain criteria.  To get protection against a possible enforcement action, the referral service can’t exclude anyone from participating in the service, and payments for referrals have to be reasonable and cannot be tied to the volume or value of the referrals that are…

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Good Lord, & Taylor! Of Course You Need to Disclose Native Ads

March 16, 2016

Good Lord, & Taylor! Of Course You Need to Disclose Native Ads

By: Ifrah Law

On March 15, 2016, national retailer Lord & Taylor agreed to settle FTC charges that it “deceived consumers by paying for native advertisements.” The settlement is the first of its kind following the December 2015 guidance memorandum, Native Advertising: A Guide for Businesses, issued by the FTC. Under the terms of the settlement, Lord & Taylor is prohibited from “misrepresenting that paid ads are from…

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Articles and Presentations by Our Firm Attorneys

Ticketmaster’s Cruel Summer – the potential implications of a DOJ lawsuit against the ticketing platform and why concert fans may not be out of the woods yet.

Ticketmaster’s Cruel Summer – the potential implications of a DOJ lawsuit against the ticketing platform and why concert fans may not be out of the woods yet.
By: Abbey Block

The FTC Kills Noncompetes

The FTC Kills Noncompetes
By: George Calhoun

Ad-Tech Europe: The Moving Target Marking Targeted Advertising

Ad-Tech Europe: The Moving Target Marking Targeted Advertising
By: Nicole Kardell

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