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The Ninth Circuit Relies On Reasonable Consumers' Experiences to Dismiss a Cosmetics False Advertising Case

By Dennis S. Ellis, Katherine F. Murray & Margaret N. Buckles on Mar 30, 2016
The Ninth Circuit's decision in Ebner vs. Fresh, Inc. relied on the experiences of the "reasonable consumer" to dismiss a consumer false advertising class action for failure to state a claim.

CFPB’s First Foray Into Data Security Makes $100,000 Splash

By Thomas Brown and Molly Swartz on Mar 04, 2016
On March 2, the Consumer Financial Protection Bureau (the “Bureau”) announced enforcement action against online payment processor, Dwolla Inc. (“Dwolla”). This is the Bureau’s first enforcement action related to data security pursuant to its authority to prohibit unfair, deceptive, and abusive acts and practices (“UDAAP”).

Undressing the Judicial Redress Act

By Noah Simmons on Feb 11, 2016
Congress has taken a critical step in implementing its obligations under the recently announced EU-U.S. Privacy Shield through Wednesday night’s passage of the Judicial Redress Act in the House of Representatives.

The Future of Consumer Data Security, Privacy and the Internet of Things: Guidance from FTC Commissioner Terrell McSweeny

By Mary-Elizabeth M. Hadley on Feb 09, 2016
In an event yesterday at the U.S. Chamber of Commerce, Federal Trade Commission (“FTC”) Commissioner Terrell McSweeny offered businesses the following guidance on current privacy, data security and the Internet of Things (“IoT”) issues. 

Too Late, But Will It Prove Too Little? U.S. and EU Eke Out Last-Minute Data Deal

By Kathleen Sheridan on Feb 03, 2016
Two days after the expiration of the deadline to reach an agreement on data transfers between the EU and U.S., authorities on both sides of the Atlantic have announced a new framework to handle such transfers.

Cyberattacks on Public Infrastructure? Is this the real life? Is this just fantasy?

By Behnam Dayanim on Jan 27, 2016
With apologies to Queen (Bohemian Rhapsody is one of my all-time faves), cyberattacks on public infrastructure have become a reality. Just yesterday, Israel’s Public Utility Authority reportedly was targeted, resulting in temporary disruption of winter electricity to thousands of Israelis.

FTC Report on Big Data: Risks & Recommendations

By Mary-Elizabeth M. Hadley on Jan 12, 2016
In a report released last week, the Federal Trade Commission (“FTC” or the “Commission”) highlights the benefits and risks associated with the use of “big data” and offers businesses some suggestions on how to minimize those risks, including through compliance with consumer protection laws.

Belly Up: USDA and HHS Release 2015 Dietary Guidelines for Americans

By Daniel Liebowitz on Jan 08, 2016
The highly anticipated 2015 Dietary Guidelines for Americans were released this week by the U.S. Department of Health and Human Services (HHS) and Department of Agriculture (USDA). The Guidelines provide valuable insight into what nutrition trends and science the agencies currently support and are expected to have a wide impact on food sales and food consumption in the country—some estimates suggest that the Guidelines affect one in every four meals consumed. The Guidelines are issued to help all individuals consume a healthy, nutritionally adequate diet, and state and local governments will use them in developing their food, nutrition and health policies and programs, including school lunch programs and nutrition programs for the elderly

EU-U.S. Safe Harbor Update: U.S. Chamber of Commerce & BusinessEurope Issue Letter Urging Leaders to Reach New Agreement

By Mary-Elizabeth M. Hadley on Dec 02, 2015
In a letter last week, the U.S. Chamber of Commerce and BusinessEurope, an advocate for enterprises in 34 European countries whose national business federations are its direct members, called on senior leaders “to expeditiously reach agreement on a strengthened Safe Harbor framework.”

Key Takeaways from FTC Workshop on Cross-Device Tracking

By Mary-Elizabeth M. Hadley on Nov 23, 2015
In a workshop just last week, the Federal Trade Commission (“FTC” or the “Commission”) explored issues related to cross-device tracking, a process through which companies track consumers across multiple devices and platforms.

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