• 05.25.17

    President's Executive Order on Cybersecurity: Impact on Banks Unclear

    President Donald Trump has signed an executive order addressing cybersecurity. But for financial institutions, is the executive order much ado about nothing? Not exactly.What happenedOn May 11, President Trump issued an Executive Order on Strengthening the Cybersecurity of Federal ...

  • 05.25.17

    'Buy One, Get One Free'-Style Offer Hit With Class Action

    By Richard P. Lawson, Partner, Advertising, Marketing and MediaPuritan’s Pride, Inc., deceived consumers with a “buy one, get one free”-style marketing campaign for its supplements, a new putative class action filed in California federal court alleged.Although consumers ...

  • 05.18.17

    Net Neutrality Continues to Divide

    By Jeffrey S. Edelstein, Partner, Advertising, Marketing and MediaIn the latest developments with regard to net neutrality, just days after the U.S. Circuit Court of Appeals for the D.C. Circuit held that it would not reconsider its ruling upholding the net neutrality rules, a group of ...

  • 05.18.17

    Upcoming Special Elections Will Reveal Important Trends for 2018, 2020

    Special elections and elections in Western democracies offer lessons on the underlying dynamics in future general elections here in the United States.   Consider the surprise special election victories of Massachusetts Republican Scott Brown in January of 2010 for Ted Kennedy's Senate ...

  • 05.18.17

    Fyre Festival Flameout Includes False Advertising

    By Jesse M. Brody, Partner, Advertising, Marketing and MediaThe Fyre Festival’s catalog of errors includes the failure to disclose sponsored promotions, according to one of the multiple class actions filed against the organizers.Touted as a one-of-a-kind destination music festival, ...

  • 05.16.17

    The Joy of Takings

    When I graduated from Washington University Law School about half-a-century ago, I never dreamed that I would spend my career studying, litigating, and teaching cutting-edge constitutional law.

  • 05.15.17

    The California Circuit?

    Like a bad penny, the idea of splitting the 9th Circuit keeps turning up.

  • 05.11.17

    Acting Chair Ohlhausen Signals Shift in FTC Enforcement

    At a recent event, Federal Trade Commission Acting Chair Maureen K. Ohlhausen shared her plans for the agency, which likely left advertisers breathing a sigh of relief.With the majority of the FTC currently vacant—Ohlhausen is joined only by Commissioner Terrell McSweeny and accompanied by ...

  • 05.10.17

    Fortunately, There Were Witnesses

    Something bad happened. Fortunately, there were witnesses. Unfortunately, the witness testimony is not just inconsistent, but irreconcilably contradictory.

  • 05.08.17

    ACE in the Hole: Developments Since ACE Securities in Residential Mortgage-Backed Securities ...

    The 2007–2008 economic crisis, spurred in part by widescale defaults on subprime mortgage loans, led investors, monoline insurers, and others with interests in residential mortgage-backed securities to sue various parties to the securitizations, including the original lenders behind the loans ...