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42 Results

David B. Schwartz
Insights
Mar 23, 2026

“I’m Not Dead Yet”: Is the Demise of the FTC’s Click-to-Cancel Exaggerated?

The Federal Trade Commission’s 2024 amendments to the Negative Option Rule (commonly called “Click-to-Cancel”) may have been vacated by the Eighth Circuit for failing to comply with required…
Insights
Feb 04, 2026

FTC Chairman Issues Warning Letters Relating to Diversity Initiatives to Law Firms Which Have Implications to Corporate Employers as Well

Summary: On Friday, January 30, 2026, Andrew Ferguson, the Chairman of the Federal Trade Commission (FTC), sent warning letters to over 40 law firms about their purported involvement in the Mansfield…
Insights
Jan 30, 2026

Seal the Valve, But Not the Deal: Court Blocks Edwards Lifesciences’ Pre Commercial Merger

A recent federal district court decision in FTC v. Edwards Lifesciences adds another win to U.S. enforcers’ efforts to apply traditional antitrust principles to mergers involving early‑stage or…
Insights
Dec 16, 2025

Rent Now, Pay Later? FTC Warns Property Management Software Companies to Make Sure Their Advertised Prices Are Accurate

The Federal Trade Commission (FTC) has issued warning letters to thirteen property management software providers notifying them that their pricing practices may violate consumer protection and…
Insights
Oct 24, 2025

Is the Price Right? New York and California Escalate Legal Pressure on Pricing Algorithms

In recent weeks, there have been significant developments in the legal landscape of pricing and pricing algorithm laws in New York and California. In light of the quickly changing law on pricing,…
Insights
Sep 30, 2025

Blocking Their Own Shot: FTC’s Recent Arguments Could Impact If and How FTC Investigations Are Conducted

In Media Matters v. Federal Trade Commission, the Federal Trade Commission (FTC) suggested that issues surrounding the scope, validity, and enforceability of a civil investigative demand (CID) should…
Insights
Jul 11, 2025

Follow the Rules to Make the Rules: 8th Circuit Vacates “Click-to-Cancel” Rule

The Eighth Circuit Court of Appeals has issued a per curiam opinion vacating the FTC’s Click-to-Cancel Rule based on the Federal Trade Commission (FTC)’s failure to comply with a procedural…
Insights
Apr 16, 2025

Mark Meador’s Confirmation Unlikely to Lead to Major Changes at the FTC

On Thursday, April 10, the U.S. Senate voted to confirm Mark Meador as a Commissioner of the FTC. Previously, it was expected that Meador’s confirmation would lead to significant changes at the FTC,…
Insights
Mar 21, 2025

Embrace Tradition, Reject Modernity? Recent FTC and DOJ Deal Challenges Show Preference for Traditional Antitrust Theories of Harm

Both the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have now brought cases challenging deals under President Trump’s administration. In many respects, the…
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