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Showing posts with the label FTC

A Guide to Archiving Websites

Many organizations struggle with retaining historical website content. Archiving your website is a critical step if you want to maintain an accurate record of content, communications, and legal compliance over time. Without proper archiving, you risk losing versions of pages, real-time share prices, trading value, filings or financial reports, and legal disclaimers that could be relevant in disputes or regulatory audits. Why Does Website Archiving Matter for Compliance? More than just a technical process, website archiving is fundamental to meeting regulatory requirements and supporting legal defensibility. Financial institutions, health care organizations, and publicly listed companies often face strict requirements from agencies such as the SEC, FINRA, FAA, and FTC. If you are managing compliance, you could work with an archiving solution to automatically capture every update, correction, or addition to a website. Regular archiving helps to demonstrate that your organization is ad...

House Republicans Unveil National Data Privacy Bill: Here’s What Employers and Businesses Need to Know

House Republicans just introduced sweeping federal data privacy legislation yesterday that could reshape how businesses collect, store, and use personal information, aiming to finally replace a growing patchwork of state laws with a single national standard . But the bill, known as the SECURE Data Act, faces significant hurdles before becoming law, so employers and businesses should approach it cautiously. This Insight will recap what you need to know about the bill and provide a few best practices all businesses can take when it comes to data privacy. What Is the SECURE Data Act? The Securing and Establishing Consumer Uniform Rights and Enforcement over Data Act, introduced by Rep. John Joyce (R-Pa.) on April 22 and backed by House Energy and Commerce Committee Chair Brett Guthrie (R-Ky.), would create the first comprehensive federal consumer privacy framework in US history. The bill is the product of a Data Privacy Working Group that gathered input from more than 170 organizations a...

Social Media Misuse-A Cautionary Tale

We live in a digital world where social media has become the go-to space for companies to connect with consumers. While it may feel like social media is a free and open space for creative marketing, enforcement actions related to social media use—or misuse—are on the rise. Below are common issues and practical steps to help try and avoid being on the receiving end of enforcement efforts. Available Does Not Necessarily Mean Free to Use The culture on social media platforms is to share, repost, and use the current viral tune while doing it. Despite the free flow of information online, it is crucial for brands to understand and respect copyright law. Copyright protects original works of authorship, such as music, images, and videos. Creating a post using copyrighted works without permission may amount to copyright infringement. There has been a rise in copyright owners going after brands using their music or images on social media without permission. In many instances, the song used is t...

Data, privacy, and cybersecurity developments we are watching in 2026

Without fail, each new year brings regulatory shifts and plaintiffs’-bar activity that push data, privacy, and cybersecurity in unexpected directions. As we look ahead to 2026, our  Data, Privacy, and Cybersecurity Group  is monitoring the following key trends and developments. These are issues we anticipate will demand significant client attention in the year ahead. In Depth The feds (and states) up the heat on kid privacy Earlier this year, the Federal Trade Commission (FTC)  finalized its revised  Children’s Online Privacy Protection Act (COPPA) regulations. Those regulations required COPPA-regulated companies to provide greater transparency, introduced new data-sharing limitations, and enhanced security requirements, signaling a shift toward tighter control over how children’s data flows through digital ecosystems. But that’s not where the focus on children’s privacy stopped – states are filling gaps that COPPA leaves open, especially for teens. Across the countr...

Is the Price Right? New York and California Escalate Legal Pressure on Pricing Algorithms

SUMMARY In recent weeks, there have been significant developments in the legal landscape of pricing and pricing algorithm laws in New York and California. In light of the quickly changing law on pricing, clients should be thinking about reviewing their pricing programs with antitrust counsel and taking other practical steps to decrease the likelihood that these programs might be found to violate state antitrust laws. Recently, California and New York both took significant legislative and legal actions involving pricing algorithms. The results are likely to extend far beyond both states, especially with an ongoing FTC inquiry into the same practices that is likely fueling, either directly or indirectly, many of these states’ actions. Clients who use or distribute pricing algorithms should pay careful attention to these changes: we recommend some potential strategies below as part of a broader effort by clients, including consulting antitrust and consumer protection counsel to advise on ...

HSR Filings During the Government Shutdown: The Lights Are On, but Is Anyone Home?

The Federal Trade Commission (FTC) suspended most operations at midnight on October 1, 2025, due to the government shutdown, but its Premerger Notification Office (PNO) remains open to accept filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR). However, the PNO will not answer questions, provide filing guidance, or grant early termination of the HSR waiting period, which remains unaffected by the shutdown and runs as usual. Furthermore, while filings will be accepted, it is unclear whether the FTC will have sufficient non-furloughed staff available to provide a substantive review of any HSR filing made during the government shutdown . According to the FTC’s most recent contingency plan, “only those lawyers, economists, and support staff necessary to continue pre-merger investigations with statutory deadlines and law enforcement litigation in order to protect the government’s interest in the legal positions it had advanced or where there would be a significant, ...

Workplace Law Update: 10 Essential Items on Your October 2025 To-Do List

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Here are the top ten items you should tackle in October 2025, based on the latest workplace law developments and upcoming critical compliance dates: _____ Learn what you can – and can’t – do about employee speech.  As employee expression spills into every corner of the modern workplace, employers are trying to figure out the best way to respond to off-duty social media rants, political debates in the workplace, dress code disputes, and other types of activity. Here’s our  employer guide to navigating employee speech in various scenarios . _____ Assess how the government shutdown impacts your operations.  The federal government officially shut down on October 1 after Congress failed to reach a spending agreement   by the deadline. How will the shutdown impact employers? Here are our  answers to your top questions . _____ Plan for big changes to the H-1B and other visa programs.  The Trump administration upended immigration and workforce strategies for many...