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Showing 2 posts tagged FTC.

FTC Issues Guidance for Merger Investigations

In early August, the Federal Trade Commission ("FTC") released guidance on best practices for merger investigations. This is the first major update for such guidance since 2006 and the publication of "Reforms to the Merger Review Process." The new guidance addresses mechanisms by which merging entities can smoothly effectuate an FTC merger investigation in three key areas: Early Voluntary Submission of Information, Effective Use of Withdraw and Refile, and Negotiating the Second Request. More >

Third Circuit Upholds Authority of FTC to Uphold Data Security

There are a multitude of federal laws such as HIPAA and Gramm-Leach-Bliley that impose penalties for failure to protect certain types of client data in certain circumstances, and even states have gotten in the act with Kentucky providing a private right of action for consumers affected by data breach. To date, however, there is no comprehensive federal legislation designed to safeguard sensitive client data in all circumstances. The Federal Trade Commission feels otherwise, recently invoking the Federal Trade Commission Act of 1914 ("the Act") to argue that failure to protect client data is an unfair or deceptive business practice in violation of the Act. In the case of FTC v. Wyndham Worldwide Corporation¸ the Third Circuit agreed. More >

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