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The FTC Kills Noncompetes
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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…
FTC Looks at Football Helmet Safety Claims
February 7, 2011
FTC Looks at Football Helmet Safety Claims
By: Ifrah Law
Helmet safety has caught the attention of the Federal Trade Commission, which is looking into marketing claims that some football helmets can help reduce concussions. Recent months have seen widespread publicity about concussions and other traumatic head and neck injuries suffered by football players, prompting the National Football League to step up enforcement of rules against illegal hits. Pressure on the FTC to investigate possibly…
Middlemen Run Afoul of FTC Suspicions
February 3, 2011
Middlemen Run Afoul of FTC Suspicions
By: Ifrah Law
Brokers, middlemen, and intermediaries serve an economic purpose: to put people who want a product or service in touch with a product maker or service provider. Real estate brokers help us buy and sell homes; mortgage brokers help us find lenders for our home purchases; manufacturing reps help get new products on our grocery shelves, and so on. These middlemen help match buyers and sellers…
FTC Gets Serious About ‘Fake’ Reviews, Endorsements
January 24, 2011
FTC Gets Serious About ‘Fake’ Reviews, Endorsements
By: Ifrah Law
In a cybermarket full of every product and service imaginable, advertisers go to great lengths to make their products stand out by grabbing consumers’ attention and interest. In recent years blogs have become a popular forum for sharing tips and information, and advertisers have used blogs to promote their products. While advertisers are perfectly entitled to tout their products’ positive attributes, they must do so…
How to Sell E-cigarettes and Avoid an FTC Investigation
January 20, 2011
How to Sell E-cigarettes and Avoid an FTC Investigation
By: Ifrah Law
Customers are flocking to electronic cigarettes — battery-operated nicotine delivery devices that are meant to replicate the flavor and sensation of smoking a tobacco cigarette. While merchants and advertisers are understandably eager to participate in this growing industry, we predict that the FTC will be watching ads carefully in anticipation of enforcing its advertising rules. The FTC can regulate advertisements for any product, but it…
New Law Gives Enforcers Added Power Against Online Marketers
January 10, 2011
New Law Gives Enforcers Added Power Against Online Marketers
By: Ifrah Law
In the waning days of 2010, the lame-duck Congress passed, and President Obama signed, a law that is almost certainly going to have major effects on the affiliate marketing industry. The FTC is poised to begin enforcing the “Restore Online Shoppers’ Confidence Act,” which is intended to protect consumers from deceptive online sales tactics – but in doing so, imposes new requirements on the entire…
