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Chevron Overruling Sparks Regulatory Uncertainty Across Industries
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July 10, 2024
Chevron Overruling Sparks Regulatory Uncertainty Across Industries
By: Jake Gray
A landmark decision by the Supreme Court overruled 40-year precedent that provided the bedrock for modern federal agency rulemaking and administration. In Loper Bright Enterprises v. Raimondo (2024), alongside its companion case Relentless, Inc. v. Department of Commerce, the Supreme Court overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. (1984), holding that deference to an agency’s interpretation of the statute is inconsistent with both the Administrative Procedure Act (APA) and the judiciary’s function in interpreting statutes and determining questions of the law. The decision commences an era of potential regulatory uncertainty with broad implications for many industries regulated by the federal government and its agencies, while also formalizing what the Court noted as an existing tendency to selectively…
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Ready, Set, Go: More States Adopt Privacy Laws
July 8, 2024
Ready, Set, Go: More States Adopt Privacy Laws
By: Nicole Kardell
Note the below chart was updated on July 8, 2024 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…
The Supreme Court Strips Nonconsensual Release Power from Bankruptcy Courts
June 28, 2024
The Supreme Court Strips Nonconsensual Release Power from Bankruptcy Courts
By: George Calhoun
In a divided 5-4 decision, the Supreme Court held yesterday that “the bankruptcy code does not authorize a release and injunction that, as part of a plan of reorganization under Chapter 11, effectively seek to discharge claims against a non-debtor without the consent of affected claimants.” Harrington v. Purdue Pharma, L.P., __ U.S. __ (2024). Although there is a long history of nonconsensual third-party releases…
Ticketmaster’s Cruel Summer – the potential implications of a DOJ lawsuit against the ticketing platform and why concert fans may not be out of the woods yet.
Since When Did the FTC Start Regulating Cyber Security?
May 11, 2011
Since When Did the FTC Start Regulating Cyber Security?
By: Nicole Kardell
There’s no question that the Federal Trade Commission has the authority to prevent deceptive and unfair trade practices, such as false or misleading claims directed at consumers. Somehow, however, that authority has morphed into a much broader reach than one would have expected on the basis of common sense. We’ve written extensively about such jurisdictional overreaching by the FTC in the health food industry (see,…
FTC Files Suit Against Acai Marketing Sites Disguised as ‘News’
April 29, 2011
FTC Files Suit Against Acai Marketing Sites Disguised as ‘News’
By: Nicole Kardell
The FTC recently filed suit against ten operations with websites that market acai berry weight loss products. The FTC alleged that the companies’ websites – which look like news websites – deceived consumers who thought the sites were credible journalistic outlets as opposed to elaborate marketing schemes. According to the FTC, the sites contained titles such as “News 6 News Alerts,” “Health News Health Alerts,”…
New Illinois Tax Law May Strike Hard Against Affiliates
April 24, 2011
New Illinois Tax Law May Strike Hard Against Affiliates
By: Ifrah Law
A new Illinois law purporting to preserve and create jobs in the state may soon be putting Illinois affiliates out of business. Governor Pat Quinn recently signed a law requiring online retailers to collect sales tax on purchases made in Illinois, on the premise that the companies have a presence in the state due to in-state affiliates. This follows the Supreme Court ruling in Quill…
An Interview With David Deitch, New Ifrah Law Partner
April 13, 2011
An Interview With David Deitch, New Ifrah Law Partner
By: Ifrah Law
On April 1, 2011, David Deitch started work as a partner at the Ifrah Law Firm. David is an experienced trial lawyer and former Department of Justice counterterrorism prosecutor. Because he will now be a regular contributor to this blog, the editor of FTC Beat conducted this brief interview to introduce David to our readers. Please feel free to ask him your own questions in…
FTC Files First Lawsuit Against ‘Text Spam’
April 3, 2011
FTC Files First Lawsuit Against ‘Text Spam’
By: Ifrah Law
Spam seems to be everywhere these days, and it has now invaded your wireless handheld. Last month, the Federal Trade Commission filed its first lawsuit ever against an alleged perpetrator of “spam texting” – the practice of sending unsolicited commercial text messages to a large number of people. The FTC is alleging that Phillip Flora of Huntington Beach, Calif., sent some five million unsolicited commercial…
