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Bait, Switch, and Binge Watch: Florida Takes on Netflix
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September 18, 2026
Bait, Switch, and Binge Watch: Florida Takes on Netflix
By: Katie Kovalsky
On September 9, 2026, Florida Attorney General James Uthmeier sued Netflix alleging violations of the Florida Deceptive and Unfair Trade Practices Act and the Florida Digital Bill of Rights.[1] The basis of the allegation is that Netflix built its reputation and sold its monthly services on a false promise that it would let consumers avoid the surveillance associated with major tech companies and instead was “kid-friendly” and “ad-free.”[2] The suit accuses Netflix of breaking this promise by engaging in large scale surveillance and data collection, recording information such as what devices customers and their children use, where they are when they use them, and what content they watch, pause, rewind, search, skip, and abandon. [3] Netflix purportedly uses this data…
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FTC’s Scrutiny of Non-Compete Agreements Provides Key Lessons for Businesses
August 3, 2026
FTC’s Scrutiny of Non-Compete Agreements Provides Key Lessons for Businesses
By: Jordan Briggs
Recently, the Federal Trade Commission (“FTC”) announced it finalized a consent order with pest control company Rollins, Inc. that requires Rollins to stop enforcing its existing non-compete agreements with over 18,000 employees.[1] This consent order signals that although the FTC stopped pursuing an outright ban on employee non-compete agreements,[2] the agency is still poised to limit the anticompetitive effects of these non-competes. The Rollins Complaint…
Ready, Set, Go: More States Adopt Privacy Laws
July 15, 2026
Ready, Set, Go: More States Adopt Privacy Laws
By: Nicole Kardell
Note the below chart was updated on July 15, 2026 to reflect recent developments. The number of U.S. states that have adopted privacy laws grows regularly. Fortunately, there seems to be quite a bit of crossover, at least when it comes to thresholds that companies must meet in order to trigger compliance requirements. We provide below a chart that summarizes these thresholds by state, including…
Supreme Court Rules Online Businesses Now Subject to Sales Tax
June 21, 2018
Supreme Court Rules Online Businesses Now Subject to Sales Tax
By: Ifrah Law
In a ruling announced today, the Supreme Court held that online businesses can be subjected to sales tax even in states where they do not have any brick-and-mortar operations. The case, South Dakota v. Wayfair, Inc., overturns longstanding precedent requiring “physical presence” to subject a seller to state sales tax, representing a big change for e-commerce. In the opinion of the Court, Justice Kennedy gave…
Eleventh Circuit Assumes FTC’s Data Security Enforcement Authority, But Mandates Specificity for FTC Orders
June 20, 2018
Eleventh Circuit Assumes FTC’s Data Security Enforcement Authority, But Mandates Specificity for FTC Orders
By: Michelle Cohen
On June 6, 2018, the United States Court of Appeals for the Eleventh Circuit issued a landmark ruling in LabMD v. Federal Trade Commission. While the Eleventh Circuit impliedly held that the Federal Trade Commission (“FTC”) has authority to take enforcement action against companies whose unfair practices lead to data security incidents that pose substantial injury to consumers, it severely curtailed the FTC’s ability…
FTC Focuses on Kids’ Geo-Location Devices in Latest COPPA Warnings
May 8, 2018
FTC Focuses on Kids’ Geo-Location Devices in Latest COPPA Warnings
By: Ifrah Law
A public service announcement of yesteryear posed the following question to parents: “It’s 8:00. Do you know where your children are?” Today’s technology allows parents to answer that question regardless of the time of day. That technology, however, has recently drawn scrutiny for violating the parental notice and consent provisions of the Federal Trade Commission’s (“FTC’s”) Children’s Online Privacy Protection Rule (“COPPA”). Last week, the…
Facebook and the FTC: A Wake-Up Call for Companies Collecting Personal Data
March 21, 2018
Facebook and the FTC: A Wake-Up Call for Companies Collecting Personal Data
By: Michelle Cohen
The FTC is reported to be joining state and international regulators in examining Cambridge Analytica’s actions with data accessed from Facebook, including how the data analytics company obtained the information, what it did with the information, and whether Facebook complied with existing obligations, including a 2012 FTC consent decree. The situation underscores the importance of and need for clearly defined regulations governing corporate practices like…
Full Metal Cryptojacket
February 28, 2018
Full Metal Cryptojacket
By: James Trusty
In retrospect, it all seems so predictable. International capitalism creates virtual currencies. Banks are avoided. Millennials hail a new world order of anonymous or nearly untraceable market transactions. Numerous parties and exchanges hold on to large quantities of virtual currencies. But then the bad guys show up. And I’m not talking about the regulators. Last month, in what looks like the biggest cryptocurrency breach in history, hackers stole over $534 million…
