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Is Scrolling the New Smoking?
FEATURED
January 21, 2026
Is Scrolling the New Smoking?
By: Lauren Scribner
In the final weeks of 2025, New York passed a law requiring social media platforms with “certain predatory features” to display warning labels about “the dangerous impact” those features pose to the mental health of users under the age of eighteen.[1] These so-called “predatory features” include continuous and infinite scrolling, displaying addictive feeds, and automatically playing video content.[2] Warning labels will be displayed upon the initial use of the “predatory feature” and “periodically thereafter, based on continued use.”[3] Users will not have an option to bypass or skip the warnings. In support of the new measure, New York Governor Kathy Hochul stated, “[w]ith the amount of information that can be shared online, it is essential that we prioritize mental health…
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Influencer Liability: Will New-Age Litigation Net Celebrity Spokespeople?
December 12, 2025
Influencer Liability: Will New-Age Litigation Net Celebrity Spokespeople?
By: Lauren Scribner
The “influencer economy,” in which so-called “content creators” share user-generated content such as livestreams or short-form film, is showing no signs of slowing down. Currently valued north of $250 billion, it is projected to reach nearly $500 billion by 2027.[1] “Creators earn income primarily through direct branding deals to pitch products as an influencer; via a share of advertising revenues with the host platform; and…
The SEC Signs on to Arbitration
September 29, 2025
The SEC Signs on to Arbitration
By: George Calhoun
Early last week, on September 17, 2025, the SEC announced that it will no longer consider the presence of a mandatory arbitration provision in a company’s charter or bylaws when deciding whether to accelerate the effectiveness of a registration statement. This policy shift will permit companies to include arbitration clauses in their governing documents to require securities litigants (including class action plaintiffs) to pursue their…
“Heartbleed” Bug – Antibiotics Won’t Help, Changing Passwords Might
April 14, 2014
“Heartbleed” Bug – Antibiotics Won’t Help, Changing Passwords Might
By: Michelle Cohen
After recovering from high-profile data breaches at Target and Neiman Marcus, signing up for free credit monitoring and analyzing our credit reports, a new Internet villain recently emerged: the “Heartbleed Bug.” The Heartbleed Bug is a security flaw present on Open SSL, popular software run on most webservers. This open source software is widely used to encrypt web communications. The Heartbleed Bug affects approximately 500,000…
TCPA Litigation Explosion Leads to Rule Clarifications
April 10, 2014
TCPA Litigation Explosion Leads to Rule Clarifications
By: Michelle Cohen
Congress enacted the Telephone Consumer Protection Act (“TCPA”) to protect consumers from unwanted telemarketing, fax marketing, and prerecorded/auto-dialed phone calls. Recently, there has been an explosion in TCPA litigation, including class action litigation. In response, several parties have asked the Federal Communications Commission (“FCC”) to clarify certain of the agency’s TCPA rules to provide relief from TCPA liability in certain enumerated circumstances. Two recent FCC…
FTC Sends Message: Make Your Mobile App Secure
April 7, 2014
FTC Sends Message: Make Your Mobile App Secure
By: Ifrah Law
Mobile payments have become so commonplace that consumers rarely stop to think about whether their online payment is secure. Mobile app developers can fall into a similar trap of assuming that the necessary security measures are enabled without performing the necessary audits to assure security on a regular basis. A recent settlement between the FTC and two companies offering unsecured mobile application products gives cause…
Herbalife Hit with Civil Investigative Demand – Is the FTC Finally Turning up the Heat on Multi-Level Marketers?
March 27, 2014
Herbalife Hit with Civil Investigative Demand – Is the FTC Finally Turning up the Heat on Multi-Level Marketers?
By: Ifrah Law
For many, the announcement two weeks ago that the Federal Trade Commission has commenced a formal investigation into Herbalife was not terribly interesting. After all, nutritional supplement company Herbalife has been the focus of intermittent media attention since December 2012 when Wall Street hedge fund manager Bill Ackman claimed that it was an illegal pyramid scheme, and its business practices have already drawn the scrutiny…
FTC Secures Nine Figure Judgment Against Single Co-Defendant in Scareware Case
March 19, 2014
FTC Secures Nine Figure Judgment Against Single Co-Defendant in Scareware Case
By: Ifrah Law
After the FTC secured a $163MM judgment against Kristy Ross in the US District Court of Maryland, the 4th Circuit affirmed, and so ends the FTC’s six-year “scareware” enforcement action. From beginning to end, this odyssey has been quite colorful, to say the least. The nine-figure judgment against Ross is no exception. Originally, there were eight codefendants: Innovative Marketing, Inc., ByteHosting Internet Services, LLC, and…
