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|Third Circuit Says FTC Can Regulate Corporate Cybersecurity Policies|
Nicole Joy Leibman; Sills Cummis & Gross P.C.;
September 2, 2015, previously published on August 2015On August 24, 2015, the Third Circuit issued a precedential ruling affirming the District Court of New Jersey’s denial of Wyndham Worldwide Corporation’s (“Wyndham”) motion to dismiss a suit filed against it by the FTC. In the action, the FTC alleged that Wyndham’s...
|Competitors Push Back With False Advertising Laws|
Eric W. Buetzow; Zelle Hofmann Voelbel & Mason LLP;
September 1, 2015, previously published on August 31, 2015In a time when the “disruptive” label is far from viewed as pejorative and, in fact, deemed essential for many new business models, existing market participants looking to fight back are turning to powerful federal and state false advertising laws to re-establish the rules of the game....
|Third Circuit Says FTC Has Jurisdiction Over Cybersecurity And Privacy Practices|
Larry A. Silverman; Dickie, McCamey & Chilcote, P.C.;
September 1, 2015, previously published on August 24, 2015In a closely watched case, the U.S. Court of Appeals for the Third Circuit has affirmed that the Federal Trade Commission has jurisdiction over charges that Wyndham Worldwide Corporation’s cybersecurity and privacy practices were “unfair” under 15 U.S.C. section 45(a). FTC v....
|Tri-State Fights EPA MATS Rule for Colorado Facility|
Sutherland Asbill Brennan LLP;
August 27, 2015, previously published on August 26, 2015Tri-State Generation and Transmission Association, Inc. (Tri-State) has renewed its attempt to suspend the April 2016 compliance deadline under the Mercury and Air Toxics (MATS) rule for the 110-MW Nucla Station. Tri-State has asked the D.C. Circuit to suspend the compliance deadline, arguing that...
|Investment Fund Violates “Investment-Only” HSR Exemption|
Robert G. Kidwell, Dionne C. Lomax, Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 27, 2015, previously published on August 26, 2015At the request of the Federal Trade Commission (“FTC” or “Commission”), the Department of Justice (“DOJ”) filed this week in federal court a proposed settlement to charges that an investment fund violated the Hart-Scott-Rodino Antitrust Improvements Act of 1976,...
|U.S. Federal Trade Commission and Justice Department Report on Merger Enforcement|
Kathryn M. Fenton, Michael H. Knight, Bevin M.B. Newman, Pamela L. Taylor, Molly M. Wilkens; Jones Day;
August 26, 2015, previously published on August 2015The Federal Trade Commission ("FTC") and Department of Justice ("DOJ") have released their annual Hart-Scott-Rodino ("HSR") Report, which details the agencies' merger review and enforcement for fiscal year 2014, which runs from October 1, 2013, to September 30, 2014....
|Third Circuit Affirms FTC's Authority Over Companies' Cybersecurity Practices|
Michael F. Buchanan, Scott Caplan, Michelle W. Cohen, Craig Alan Newman, James Zucker; Patterson Belknap Webb & Tyler LLP;
August 26, 2015, previously published on August 2015In a test of the Federal Trade Commission’s authority to police cybersecurity, the Third Circuit Court of Appeals yesterday ruled that the agency has broad power to take action against private sector companies which fail to take adequate steps to protect customer data.
|In Commission Win, Appeals Court Agrees that FTC Can Regulate Business Data Security Practices Under Unfairness Authority|
Nathan A. Cardon, Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
August 26, 2015, previously published on August 26, 2015In a closely watched case where the Federal Trade Commission (FTC) pursued Wyndham Worldwide Corporation for several data breaches that led to millions of dollars in fraudulent charges on customers’ payment cards, the U.S. Court of Appeals for the Third Circuit on Monday agreed with the...
|U.S. Federal Trade Commission Issues Statement of "Unfair Methods of Competition" Enforcement Principles Under FTC Act § 5|
Kathryn M. Fenton, Michael H. Knight, J. Bruce McDonald, Geoffrey D. Oliver, David P. Wales; Jones Day;
August 25, 2015, previously published on August 2015The U.S. Federal Trade Commission ("FTC") has issued formal guidance on how the agency enforces Section 5 of the FTC Act ("Section 5") to police "unfair methods of competition" that may fall outside of the scope of the main federal antitrust statutes, the Sherman and...
|Another FTC Conduct Case to Bolster Generic Drug Competition: Pharmaceuticals Charged with Illegal Non-Compete for Generic ADHD Drug Sales|
Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 20, 2015, previously published on August 20, 2015The Federal Trade Commission’s (“FTC” or “Commission”) ever-expanding list of enforcement actions to preserve competition for generic pharmaceuticals just grew in a new direction. This week, two generic pharmaceutical companies entered into a Consent Order with the FTC...