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The FTC Kills Noncompetes
FEATURED
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 will be enforceable, even for senior executives. Noncompetition clauses have long been a contentious issue in the labor market. Employers claim that they protect intellectual property, trade secrets, and business interests. Employees find that such agreements limit worker mobility and suppress wages. According to FTC chairperson Lina Khan, “Noncompete clauses keep wages low, suppress new…
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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…
Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting
April 1, 2024
Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting
By: Michelle Cohen
Since 1996, Internet platforms and social media companies have relied on a federal law, Section 230 of the Communications Decency Act, to protect them from liability for civil law claims stemming from content on their platforms. As the influence of platforms like Facebook, Twitter (now X), and others has grown, members of Congress, consumer groups, and other stakeholders have urged Congress to restrict or repeal…
Blood Bank Settles FTC Complaint About Customer Data Privacy
February 8, 2013
Blood Bank Settles FTC Complaint About Customer Data Privacy
By: Ifrah Law
Any company that collects personal information about individuals, such as credit card numbers and social security numbers, must be very careful about the way in which it stores and secures that information. Even a blood bank that stores umbilical cord blood needs to keep these privacy rules in clear view. That is one of the messages of a recent Federal Trade Commission action. California-based Cbr…
Maryland AG Launches New Internet Privacy Unit, Plans Aggressive Enforcement
February 5, 2013
Maryland AG Launches New Internet Privacy Unit, Plans Aggressive Enforcement
By: Ifrah Law
Maryland Attorney General Douglas Gansler (D) has announced that his office is launching a new Internet Privacy Unit designed to address issues related to online privacy and to ensure that companies are in compliance with state and federal consumer protection laws. The unit will also handle issues related to cyberbullying and cybersecurity. Gansler, who also serves as the president of the National Association of Attorneys…
NFL Sacks Football Fan’s Effort to Trademark ‘Harbowl’
January 30, 2013
NFL Sacks Football Fan’s Effort to Trademark ‘Harbowl’
By: Ifrah Law
When the Baltimore Ravens and San Francisco 49ers won their NFL conference championship games, a Super Bowl matchup emerged with a great storyline — the opposing head coaches are brothers. An interesting legal question has also developed regarding the right to trademarks associated with the match-up between brothers. Last February, Roy Fox, a football fan in Indiana, said he spent more than $1,000 to file…
Criminal Background Checks? The FTC Knows There’s an App for That
January 24, 2013
Criminal Background Checks? The FTC Knows There’s an App for That
By: Ifrah Law
As we cautioned in a September post, the FTC is stepping up enforcement actions against mobile app developers for failure to comply with consumer protection principles. This month, the FTC took another major step in that direction with a groundbreaking settlement applying the Fair Credit Reporting Act (FCRA) to app developers Filquarian Publishing, LLC, Choice Level, LLC, and Joshua Linsk. The FCRA is a consumer…
NLRB: Use of Social Media Can Be Protected Employee Activity
January 21, 2013
NLRB: Use of Social Media Can Be Protected Employee Activity
By: Ifrah Law
The rise of social media has led to the application of old law to new forms of communication. For instance, an effort by the National Labor Relations Board to educate workers on their right to engage in protected concerted activity has left some employers feeling that the NLRB went too far in supporting employees’ rights – particularly their right to post disparaging work-related comments on…
