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Jul 11 2020

Supreme Court Grants Certiorari: Will Determine Whether FTC Entitled to Seek Equitable Monetary Relief in the Form of Disgorgement

FTC defense attorney Richard B. Newman recently authored an article for National Law Review titled “Supreme Court Decides to Rule on FTC’s Disgorgement Authority.” As previously blogged about here and here, the Supreme Court recently upheld the SEC’s disgorgement authority but imposed various limits, including the consideration of net profits and legitimate business expenses. The…

Apr 15 2020

Congress Considers Federal Price Gouging Legislation

As state Attorneys General and other government regulatory agencies ramp-up efforts to battle price-gouging during the COVID-19 pandemic, the House and Senate are now contemplating various proposals to address the problem during any declared state of emergency. The first is H.R. 6264. Sponsored by Rep. Jason Smith, the proposed bill tasks the Secretary of Health…

Oct 26 2019

Richard B. Newman Represents Developers in Precedent-Setting ‘Stalking’ App Case

As reported by numerous media outlets, FTC defense attorney Richard B. Newman recently represented developers of so-called “stalking app” in the first-ever case of its kind in the United States. Following an aggressive Federal Trade Commission investigation (CID), the firm successfully resolved charges that the respondents’ products compromised the privacy and security of the consumer…

Oct 13 2018

New York Attorney General Chimes in Regarding Online Reviews

New York Attorney General Barbara D. Underwood recently announced an agreement with Avvo – an online legal directory – to reform its attorney rating system and improve its disclosures to consumers. The announcement comes following an investigation revealed that the content and limits of Avvo’s rating system were not clearly disclosed. According to the NY…

Sep 14 2018

Ad Lawyer Richard Newman Quoted in Communications Daily on FTC Hearings

FTC advertising lawyer Richard B. Newman was recently quoted in Communications Daily in an article entitled “FTC Hearing Called Potential Turning Point.” The article addresses the Federal Trade Commission public hearings concerning whether broad-based changes in the economy, evolving business practices, new technologies and international developments might require adjustments to competition and consumer protection law, enforcement priorities…

Jul 5 2018

Privacy Law Bulletin Publishes Article on U.S. Privacy Law Landscape by Richard B. Newman

The Lexis Nexis Privacy Law Bulletin recently published an article authored by Richard B. Newman. The article, “Is the Repeal of U.S. Privacy Regulations a Victory for Digital Advertising?” addresses recent privacy and data security-related legislative changes and emerging trends that impact big data, digital marketing and U.S. consumers. The article also discusses recent state legislative…