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CCPA Litigation Round-Up: Q3 & Q4 2020
It has been a full year since the California Consumer Privacy Act (“CCPA”) took effect at the top of 2020. In the cases filed in the second half of the year, the complaints more frequently assert a violation of the…
Up & Up & Out. Structure/Function Claims Preempted by the FDCA
Last week, in a substantial win for the dietary supplement industry, the Ninth Circuit Court of Appeals upheld the Northern District of California’s grant of summary judgment to Target, ruling that state law false…
The Expanding Privacy Landscape
Partner Aaron Burstein edited the Fall 2020 issue of Antitrust magazine with Janis Kestenbaum. If you're looking to get up to speed on some of the most pressing regulatory issues surrounding personal data, this is…
Biden Taps Rohit Chopra, Current FTC Commissioner and Vocal Proponent of Aggressive Enforcement, to Lead CFPB
Things are about to change dramatically at the CFPB. President-elect Joe Biden today nominated Rohit Chopra, a current commissioner at the Federal Trade Commission and long-time proponent of aggressive enforcement, to…
Section 13(b) Gets its Day in Court: “It seems the problem you have is the text” – Justice Kavanaugh
This morning, the Supreme Court heard its long-anticipated arguments in AMG Capital Management, LLC v. Federal Trade Commission . As we have previously explained, in AMG, the FTC’s use of Section 13(b) of the FTC…