Articles

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 ...


10.18.16

Lawmakers Ask: How to Modernize the TCPA?

How can the Telephone Consumer Protection Act be updated to reflect changes in technology while still protecting consumers from unwanted calls? At a hearing titled “Modernizing the Telephone Consumer Protection Act,” the House Energy and Commerce Subcommittee on Communications and ...


10.14.16

Second Circuit Affirms Liability for Manager of Affiliate Marketers

The Second Circuit Court of Appeals agreed with the Federal Trade Commission that a company that managed a network of affiliate marketers could be liable for fake news sites that deceptively promoted weight loss products, even though the company did not create the sites. Until it ceased operations ...


10.14.16

FDA Releases Interim Guidance on “Healthy” Labeling

New interim guidance from the Food and Drug Administration eased the restrictions on foods that can be labeled as “healthy,” and provides insight as to how the agency approaches fats and certain nutrients in light of recent scientific developments and changing nutritional ...


10.13.16

FTC Staff Perspective Expresses Concern About Lead Generation

In a new report, the Federal Trade Commission expressed concern about lead generation, particularly in the context of the payday lending industry.What happenedLast October, the Federal Trade Commission (FTC) hosted a public workshop entitled "Follow the Lead," where stakeholders and ...