Articles

11.15.16

Do Guarantees Really Work?

Guarantee agreements are an important component of many real estate transactions, ranging from loans to partnership agreements to post-closing obligations under purchase agreements. But do they really work?Both the common law (law derived from court cases) and legislation provide many outs for ...


11.15.16

One Phone Call, Three Class Actions

The same phone call that was the subject of earlier litigation can form the basis of another Telephone Consumer Protection Act putative class action, a New Jersey federal court judge has ruled.According to the complaint, on March 11, 2005, DialAmerica Marketing allegedly made a call to Genevieve ...


11.10.16

FTC Offers Guidance on Data Breach Response

What should you do when your business suffers a data breach? New guidance from the Federal Trade Commission suggests key steps to take and provides a model form to provide notification of the breach to consumers. “Data Breach Response: A Guide for Business” breaks down post-breach ...


11.08.16

A Tale of Two Statutes: ROSCA as Written, and ROSCA as Enforced

Enacted in 2010, the Restore Online Shoppers’ Confidence Act requires online retailers to clearly and conspicuously disclose the terms of an online negative option transaction before obtaining the consumer’s billing information, obtain express informed consent before charging the ...


11.04.16

Ken Bone: Breakout Star, Violator of FTC Guides?

One thing folks on both sides of the political aisle can agree upon is that Ken Bone left the second presidential debate as a breakout star. But he may have tripped up when attempting to capitalize on his fame by sending a promotional tweet for Uber.Bone and his red sweater made just as many ...


11.01.16

Give a Little Whistle—SEC Whistleblower Program Update

Why it matters: On September 14, 2016, SEC Director of Enforcement Andrew Ceresney gave what in effect amounted to a “state of the union” speech about the SEC’s whistleblower program. In it he gave an overview of the program and touted its successes to date, saying that “I ...


10.25.16

A Look at Federal Preemption of State Drone Laws

The Federal Aviation Administration’s final rule governing the commercial use of small, unmanned aircraft, Part 107, took effect at the end of August 2016. In the wake of Part 107, it remains to be seen whether and to what extent state legislatures and localities will continue to propose laws ...


10.20.16

Unleash Social Media's Engagement Power, While Protecting Consumer Privacy

Editor’s Note: In a recent webinar, Manatt Health explored the latest social media advances in the context of the Health Insurance Portability and Accountability Act (HIPAA) and other consumer protection and privacy statutes. In a two-part series, Manatt Health summarizes the important ...


10.19.16

Retailers Navigate Shifting Environmental Regulatory Landscape

The past decade has witnessed a monumental shift in regulatory oversight of retailers’ environmental compliance programs. As a result, retailers have faced a crash course in the myriad hazardous waste control laws, once widely believed to not be relevant in the retail ...


10.18.16

Ninth Circuit: Confirmation Text Message Doesn't Violate TCPA

The Ninth Circuit Court of Appeals has upheld dismissal of a class action seeking to hold a defendant liable under the Telephone Consumer Protection Act for a confirmation text message. Eric Aderhold registered to use the car2go service and provided the company with his cell phone number. As part ...