Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

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…

What If . . . Section 19 of the FTC Act Becomes the FTC’s Best Path to Monetary Relief: Revisiting Figgie International

With one eye on the U.S. Supreme Court, which is being asked to confirm that the FTC has authority to seek monetary relief under Section 13(b) in AMG Capital Management, LLC v. Federal Trade Commission, and the…