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Managing post-data breach litigation just got harder

By Jay L. Levine on
Data breaches are messy stuff, no doubt about that. They consume a huge amount of corporate resources, damage a company’s goodwill and can cost a lot of money. No real news there. And while the technological challenges in preventing, and responding to, data breaches are ever-changing – fueling the booming cybersecurity industry – the corporate … Continue Reading

Has Amazon.com® become an….. amazon? Part One

By Darcy Jalandoni on
Authors take their turn trying to tame the retailing beast This three part series will discuss the newest antitrust challenges aimed at Amazon.  In Part One, we’ll introduce you to the most recent issues facing the online retailer (and publisher), while in Part Two we will provide a little history on the Amazon/Apple scuffle that … Continue Reading

LegalZoom Kicks Off Antitrust Battle Against State Bar Associations

By Jared Klaus and Allen Carter on
State bar associations and other licensing boards were left like bleeding seals in shark-infested waters following the United States Supreme Court’s landmark decision this February in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101.  The decision held that a state agency controlled by active participants in the market … Continue Reading

Ascertainability is different from other class action elements …seriously, we aren’t joking

By Jay L. Levine and Porter Wright on
A little over a year ago we wrote to discuss the FTC’s Order against Aaron’s, one of the country’s largest rent-to-own (“RTO”) stores, charging that its franchisees were spying on its customers.  Well, the inevitable follow-on class actions were filed and recently, in Byrd v. Aaron’s Inc., — F.3d –, 2015 U.S. App. LEXIS 6190 … Continue Reading

Supreme Court to states – actively supervise your regulating boards or else

By Darcy Jalandoni and Jay L. Levine on
The North Carolina State Board of Dental Examiners can no longer regulate the practice of dentistry without active state supervision—and neither can other state professional boards controlled by active market participants. Last Wednesday, the U.S. Supreme Court concluded in North Carolina State Board of Dental Examiners v. Federal Trade Commission (FTC) that the state action … Continue Reading

“Made in the USA” labeling: A trap for the unwary – Part two

By Jay L. Levine, Bob Tannous and Jared Klaus on
How can retailers and product designers minimize their liability exposure to “Made in the USA” false-labeling claims without sacrificing the valuable label itself? In part two of the “Made in the USA” podcast series, Jay Levine, Jared Klaus and Bob Tannous discuss how mitigating risk from such claims requires a holistic approach, including such strategies … Continue Reading

A compliance problem truly “Made in the USA”

By Jared Klaus and Jay L. Levine on
Following the expiration of a public comment period last week, the ink is now dry on the Federal Trade Commission’s consent decree against Made in USA Brand, LLC, settling charges that the Columbus, Ohio-based company sold its “Made in USA” certification label to product-sellers without making any attempt to verify whether the companies’ products were … Continue Reading

FTC’s focus on ‘patent trolls’ not limited to competition concerns

By Jay L. Levine and Allen Carter on
The FTC sent a message to “patent trolls” earlier this month, though how well that message will resonate remains to be seen. On Nov. 6, the FTC’s Bureau of Consumer Protection concluded its investigation into MPHJ Technology Investments, LLC’s practices involving its so-called “inquiry letters” by agreeing to accept a consent order. The consent order … Continue Reading

How a smile might change the fortune of state licensing

By Darcy Jalandoni and Jay L. Levine on
One of the most important cases the U.S. Supreme Court will decide this year—at least with respect to antitrust law—involves the question of whether dentists in North Carolina can maintain a monopoly over teeth whitening services. While it hasn’t generated nearly the level of public attention as cases involving marriage equality or voting rights, North … Continue Reading

FTC strikes back against virtual Peeping Tom

By Jay L. Levine and Donna Ruscitti on
Have you ever felt as if someone was watching you through your computer? In FTC strikes back against virtual Peeping Tom, members of Porter Wright’s Technology practice Jay Levine and Donna Ruscitti, cover the flat out creepy scenario involving Aaron’s, one of the country’s largest rent-to-own (RTO) stores, which was charged its franchisees were spying … Continue Reading
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