That the FTC has announced another weight loss settlement is no news at all. The FTC averages about six new weight loss orders per year. The new settlement, nevertheless, is notable as a reminder of the following points.
The FTC has the power to impose bans. The Order against the marketers of Double Shot diet pills “permanently restrain[s] and enjoin[s]” them from advertising or selling “any weight-loss product.” The FTC does not frequently impose bans in weight loss cases, but bans have been used before in similar instances where extreme Gut Check claims (discussed below) have been made.
Do you know where your data is? According to the Federal Trade Commission, the answer is “no.”
The agency wants Congress to intervene against data brokers – companies that collect personal information and resell it, mainly for marketing purposes. The FTC released a report on Tuesday of the top nine data brokers in the US and how most Americans don’t know that their personal information is being collected.
the FTC states that consumers may benefit from increased transparency into the operations of data brokers. It notes that data brokers collect and store billions of data elements covering nearly every U.S. consumer, in many cases without consumers’ knowledge. The FTC recommends that Congress consider enacting legislation to make data broker practices more visible to consumers and to give consumers greater control over the handling of their information by data brokers.
The data collected by firms like Acxiom, Datalogix and Corelogic range from the innocent (what sports you follow) to the personal (health and financial information) and everything in between (what kind of car you drive and general shopping habits).
But this has started to change over the past few years, as managing partner Thomas Reid discussed in an August 2011 interview with Am Law Daily. In the August 2010 to August 2011 period, DPW hired a half-dozen prominent lateral partners.
And the lateral hiring spree continues (although not without the occasionalsnag). Let’s hear about Davis Polk’s latest high-profile hire, a new lateral partner at Paul Hastings, and an addition to the leadership of Orrick….
(1) Monopolies are generally illegal.
(2) Like baseball, patents make monopoly laws get a little funky.
(3) Courts really really really like to encourage settlements.
So, when two companies get together, and work out a settlement that makes a whole patent infringement lawsuit go away, and the only objection is that pesky Federal Trade Commission complaining that the settlement is anticompetitive, you can understand why a federal court could meditate on points (2) and (3) and dismiss that FTC complaint.
Yet, in FTC v. Actavis, the Supreme Court yesterday made it harder to settle some patent infringement suits, saying that sometimes a settlement of a lawsuit can be an antitrust problem.
* Just like he said in 2008, President Barack Obama says that he’s going to close Guantanamo Bay, and this time, he means it. No, really, he appointed a Skadden partner to handle it, so we know he means business now. [Blog of Legal Times]
* The Supreme Court just invalidated Arizona’s proof-of-citizenship voter registration law, so of course Ted Cruz wants to add an amendment to the Senate immigration reform bill to require citizenship to vote because, well… duh. [Politico]
* According to a Pew Research survey, a majority of Americans think Edward Snowden should be prosecuted for his NSA leaks. It’s also likely that same majority don’t even know what Edward Snowden leaked. [USA Today]
* It looks like Jon Leibowitz, the FTC’s ex-chairman, got some great birthday presents this week. Davis Polk partnership and a SCOTUS victory aren’t too shabby. [DealBook / New York Times]
* They don’t give a damn ’bout their bad reputation: malpractice claims filed against attorneys and firms were up in 2012, and some say mergers and laterals are to blame. [WSJ Law Blog (sub. req.)]
* ¡Ay dios mío! The Hispanic National Bar Association is hoping that a week spent in law school will inspire minority high school students to become lawyers in the distant future. [National Law Journal]
* The Department of Justice has reached yet another settlement in the Deepwater Horizon oil spill case, this time with Transocean Ltd. for $1.4 billion in civil and criminal penalties and fines. [National Law Journal]
* “[W]ith success comes regulatory scrutiny.” Google convinced the FTC to close its ongoing antitrust probe by promising to change its allegedly shady patent usage and purportedly skewed search terms. [Bloomberg]
* According to Littler Mendelson, federal contractors might want to consider sending out sequestration-related layoff notices to employees in order to comply with the WARN Act. America, f**k yeah! [Government Executive]
* Governor Andrew Cuomo will have a major impact on the New York Court of Appeals when appointing new judges. It could be a partisan decision, but his father, former Governor Mario Cuomo, insists his son will leave politics at home. [Capital New York]
* When you write in defense of the value proposition of law school, you wind up in the op-ed pages of the NYT. When you tell the truth about it, you wind up in the opinion pages of the WSJ. [Wall Street Journal (sub. req.)]
* Remember Danae Couch, the Texas Tech law student who was crowned as Miss Texas? She’ll compete for the Miss America title next weekend. If you’d like to help her become a finalist, you can vote for her here! [KFYO]
* Billable hours in Biglaw are down 1.5 percent, and 15 percent of U.S. firms are planning to reduce their partnership ranks in early 2013. Thanks to Wells Fargo for bringing us the news of all this holiday cheer! [Thomson Reuters News & Insight]
* Hostess may be winding down its business and liquidating its assets, but Biglaw will always be there to clean up the crumbs. Jones Day, Venable, and Stinson Morrison Hecker obviously think money tastes better than Twinkies. [Am Law Daily]
* How’s that “don’t be evil” thing working out for you? Google’s $22.5M proposed privacy settlement with the FTC over tracking cookies planted on Safari browsers was accepted by a federal judge. [Bloomberg]
* Perhaps the third time will be the charm: ex-Mayer Brown partner Joseph Collins was convicted, again, for helping Refco steal more than $2B from investors by concealing the company’s fraud. [New York Law Journal]
* H. Warren Knight, founder of alternative dispute resolution company JAMS, RIP. [National Law Journal]
We’ve mentioned the proposed changes to the Children’s Online Privacy Protection Rule before, which are currently under consideration by the FTC. The changes to COPPA, as it’s known for short, would require sites that collect personal information from children to secure written parental consent first. On first glance, it seems like a slam dunk: why wouldn’t we want to protect children’s privacy, and maybe put a dent in the absurd amount of tracking that constantly happens whenever anyone goes online?
Facebook is protesting parts of the rule, because the company says it would restrict the free speech of pre-teens who want to “like” articles online. Because heaven forbid children who technically aren’t even supposed to use Facebook have to voice approval in a manner that doesn’t involve clicking a little blue thumbs-up button….
* Little known fact of the day: the late comedienne Phyllis Diller apparently had a storybook romance with Paul Hastings name partner, Robert Hastings. She once said that her longtime Biglaw beau was the “love of [her] life.” [Am Law Daily]
* The Federal Trade Commission has closed its antitrust review of Facebook’s proposed Instagram purchase, clearing the way for the social networking site’s users to post grainy pictures to their hearts’ content. [Bloomberg]
* A former Vancouver lawyer serving a 15-year sentence for money laundering claims that one of the Mounties who investigated his case played a game of “hide the Canadian bacon” with Judge Ursula Ungaro. [Province]
* A judge who resigned in April has been retroactively removed from office for admitting to having sexual contact with his five-year-old niece. He presided over family court matters. Figures. [New York Law Journal]
* Which accomplishments and activities should you leave off your résumé? A) law review editor in chief; B) second in the class; C) 4.05 GPA; D) nonprofit executive director; E) child porn aficionado. [Willamette Week]
* Stabbing your lawyer is so last season. Another criminal defendant reportedly attacked his defense attorney in court, but this time chose to whack his own counsel in the head with his handcuffed hand. [Boston Globe]
* Apparently Gloria Allred will only take male clients if they’re controversial enough to keep her in the limelight. She’s representing the alleged sex abuse victims in a suit against Syracuse and basketball coach Jim Boeheim. [CNN]
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
It’s the legal profession’s equivalent of a long-term relationship.
When Michelle Waites, Senior Patent Counsel for Xerox Corporation, attended The LGBT Bar’s Lavender Law conference several years ago, she wasn’t sure what to expect. She left having forged a lasting business relationship that still endures today.
It was during The LGBT Bar’s event – an annual gathering of more than 1,600 lesbian, gay, bisexual, transgender and allied legal professionals – that Waites first met Marla Butler, a partner at Robins, Kaplan, Miller & Ciresi LLP, who specializes in patent law.
Today, the two are still close friends as well as professional colleagues. Butler’s firm continues to work with Xerox – a business partnership forged via The LGBT Bar.
On November 19th, The Bar will present its first-ever conference outside the United States. Dubbed “A Lavender Law Experience for Europe,” the day-long Business Legal Conference will replicate programs such as the one that brought Waites and Butler together for legal professionals in Europe.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: