Non-compete rulemaking faces legal hurdles but could help Biden politically

The Federal Trade Commission’s rulemaking on non-compete agreements faces legal obstacles but could reap political and public policy benefits even if it’s struck down in court.

Neill Averitt

Chess cheating, defamation and the Twombly pleading standard

It’s an unusual legal story that involves international chess tournaments, the Twombly standard for pleading collusion, Arthur Schopenhauer, and radio-controlled vibrating sex devices — all at the same time. But this is such a story.

Current Issue: 907

Wright, Ginsburg provoke debate over antitrust consent decrees

In the past three decades the Justice Department’s antitrust division and the Federal Trade Commission have “undergone a dramatic shift” toward settling antitrust cases with consent decrees rather...

As LabMD battle with FTC roils, Trump administration may take a different tack in data security cases

In the three-plus years since the Federal Trade Commission sued LabMD, a cancer detection laboratory in Georgia, for allegedly failing to adequately protect consumers’ confidential information, a...

US has ‘haphazard’ approach to protecting kids against identity theft, McSweeny says

The US currently has a “haphazard” approach to protecting children’s identities if they are compromised in a breach, a US Federal Trade Commissioner said Thursday, citing her personal experience...

Use cautious restraint in regulating sharing economy, FTC says

In the department of few surprises, the Federal Trade Commission warned that too many rules could stifle innovation in the so-called sharing economy but not enough would make consumers feel unsafe.

Stakes are high as DOJ presses appeals court for Amex do-over

The Department of Justice has pressed an appellate court to reconsider its finding that American Express can punish merchants who push other payment methods, a decision that upset the government’s...