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Is Scrolling the New Smoking?
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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…
FTC Clamps Down on EU Safe Harbor Compliance: If Your Company Says It Is Certified, Keep Your Certification Current
January 22, 2014
FTC Clamps Down on EU Safe Harbor Compliance: If Your Company Says It Is Certified, Keep Your Certification Current
By: Michelle Cohen
Once again using its administrative litigation process, the Federal Trade Commission (“FTC”) announced settlements with twelve large businesses, including the Atlanta Falcons and Denver Broncos football teams, the Baker Tilly accounting firm, BitTorrent, Inc., a peer-to-peer file sharing protocol, Level 3 Communications (one of the largest Internet service providers in the world), and Reynolds Consumer Products, all relating to alleged deceptive claims of U.S.-E.U Safe harbor…
Investigating For-Profit Edu: Are Government Agents Going To Start Tripping Over Each Other?
January 21, 2014
Investigating For-Profit Edu: Are Government Agents Going To Start Tripping Over Each Other?
By: Nicole Kardell
Things look a bit bleak for the for-profit education industry: it seems like every other day a new federal or state agency is launching an investigation or proposing new regulations. The latest news is that a coalition of 32 state attorneys general, along with the Consumer Financial Protection Bureau, is expanding a probe into lending practices at for-profit colleges. This news follows pronouncements by the…
Industry, Members of Congress Take Action on FTC Process
January 9, 2014
Industry, Members of Congress Take Action on FTC Process
By: Michelle Cohen
As the Federal Trade Commission (“FTC”) continues to flex its consumer protection muscles by bringing numerous administrative lawsuits, industry and members of Congress are questioning whether there is a level playing field that allows companies to properly defend themselves against FTC charges. Or, as some say, does the FTC have the “home court advantage” in its role as investigator and prosecutor, armed with very broad…
New Year Brings New Plans by the FTC to Take Down Deceptive Weight Loss Advertisers
January 8, 2014
New Year Brings New Plans by the FTC to Take Down Deceptive Weight Loss Advertisers
By: Ifrah Law
New year, new resolutions. Yesterday, the FTC announced a resolution of its own: to undertake a nationwide enforcement effort to protect consumers against deceptive weight loss claims. Dubbed “Operation Failed Resolution,” the FTC’s latest enforcement effort seeks to protect consumers who face a barrage of “opportunistic marketers” promising quick ways to shed pounds. According to the FTC, these marketing tactics cause millions of dollars of…
Botnet ZeroAccess Hit With Complaint by Microsoft, but Will This Slow the Malware Industry Down?
December 19, 2013
Botnet ZeroAccess Hit With Complaint by Microsoft, but Will This Slow the Malware Industry Down?
By: Ifrah Law
ZeroAccess is one of the world’s largest botnets – a network of computers infected with malware to trigger online fraud. Recently, after having eluded investigators for months, ZeroAccess was disrupted by Microsoft and law enforcement agencies. Earlier this month, armed with a court order and law enforcement help overseas, Microsoft took steps to cut off communication links to the European-based servers considered the mega-brain for…
