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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…
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…
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…
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: Ifrah Law
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…
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: Ifrah Law
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…
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…
