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Supreme Court clips FTC’s wings

In a significant decision handed down last Thursday, April 22, 2021, the U.S. Supreme Court ruled that the Federal Trade Commission (FTC) cannot, in the first instance, seek monetary remedies in federal court. Rather, it must first obtain a cease and desist order and, only after a violation of that order, can it seek penalties … Continue Reading

Reevaluating your supply chain: How the new American-made product qualifications rule may impact your business

Two recent actions aimed at maximizing domestically-produced goods, products, materials and services may have significant impact on contractors and supply chains. In January 2021, the Federal Acquisition Regulation (FAR) Council published a final rule “Maximizing Use of American-Made Goods, Products, and Materials” that amended the requirements for products to be classified as American-made under the Buy … Continue Reading

Putative class counsel in generic drug antitrust MDL can’t get a slice of the opt-out pie . . . At least not yet

Before even moving for certification of the putative classes they seek to represent, Interim Class Counsel (ICC) in the In re Generic Pharmaceuticals Pricing Antitrust Litigation sought to insure they would get not only their own piece of the pie, but also a sizable sliver of everyone else’s. Claiming they are prosecuting potentially “the largest … Continue Reading

DCMA agent requirements changing

Bob Morgan, our colleague at Technology Law Source, shares detail about the upcoming Digital Millennium Copyright Act (DCMA) agent filing change that takes effect Dec. 31. This agent filing is a necessary element of the Digital Millennium Copyright Act (DMCA) safe harbor provision (Title II of the DMCA (the Online Copyright Infringement Liability Limitation Act)) — an Act which … Continue Reading

Don’t wannacry? Help your IT staff prevent ransomware

The latest cyberattack  making the news (and some say the largest to date) is the “Wannacry” ransomware.  The ransomware looks for computers containing an operating system vulnerability in the Microsoft Windows platform and then appears to infect computers… without a single click required.  My colleague, Brian Hall, outlines the risks employers may face when dealing with cyberattacks  — as well as how human … Continue Reading
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