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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…
Telemarketing Tips: What We Can Learn From Caribbean Cruise Lines’ Excursion With The FTC
April 2, 2015
Telemarketing Tips: What We Can Learn From Caribbean Cruise Lines’ Excursion With The FTC
By: Michelle Cohen
The FTC’s “Do Not Call” and “robocall” rules do not apply to political survey calls. So, if Hillary Clinton sought to “voice blast” a survey about international issues, she could do so without violating the Telemarketing Sales Rule (“TSR”). (Though under FCC rules she would have an issue calling wireless numbers). However, companies may not telemarket under the guise of exempt political calls. Caribbean…
Why the FTC Can Go After Companies For Insufficient Data Security Allegations
March 6, 2015
Why the FTC Can Go After Companies For Insufficient Data Security Allegations
By: Jeffrey Hamlin
FTC seems more confident than ever in its authority to go after companies with insufficient data security measures. As of January 2015, FTC had settled 53 data-security enforcement actions, and FTC Senior Attorney Lesley Fair expects that number to increase. Not everyone is sanguine about FTC’s enforcement efforts. Companies targeted for administrative action complain that the Commission is acting beyond its delegated powers under…
Another Class Action Pops Up For Complaints About Pop-Ups
March 3, 2015
Another Class Action Pops Up For Complaints About Pop-Ups
By: Ifrah Law
A class action lawsuit recently instituted in federal court in the Northern District of California, Hunter v. Lenovo et al., alleges that Lenovo Inc., a computer manufacturer, violated its customers’ rights by selling computers which came preinstalled with alleged spyware manufactured by Superfish Inc., another named defendant. The purported class alleges that the Superfish software monitors user activity and displays pop-up ads, among other…
The Federal Wiretap Act and the Law of Unintended Consequences
March 2, 2015
The Federal Wiretap Act and the Law of Unintended Consequences
By: Ifrah Law
The law of unintended consequences – a distant cousin of Murphy’s Law – states that the actions of human beings will always have effects that are unanticipated and unintended. The law could prove a perfect fit for recent efforts by class action counsel to rely upon the Federal Wiretap Act in lawsuits arising from adware installed on personal home computers. Take, for example, the…
Employers Running Background Checks: Top 10 Tips to Avoid Joining the Fair Credit Reporting Act Litigation “Club”
February 20, 2015
Employers Running Background Checks: Top 10 Tips to Avoid Joining the Fair Credit Reporting Act Litigation “Club”
By: Michelle Cohen
What do Whole Foods, Chuck E. Cheese, Michael’s Stores, Dollar General, Panera, Publix, and K-Mart have in common? Each of these companies has faced lawsuits (including class actions) under the Fair Credit Reporting Act (“FCRA”). Although Congress passed the FCRA way back in 1970 and litigation has focused on credit reporting agencies’ duties under the law, class action plaintiff firms have recently focused on…
