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The Federal Trade Commission (FTC) is laying the groundwork to test the scope of its rulemaking authority. On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s Office of the General Counsel to centralize FTC rulemakings. In announcing …›
The Federal Trade Commission (FTC) appears poised to begin testing the scope of its rulemaking authority, including new substantive competition rules for the first time in decades.[1] On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s Office …›
Erin Bosman and Arturo Gonzalez have been named to Law360's 2021 Editorial Advisory Board. These boards provide feedback on Law360's coverage and expert insight on how best to shape future coverage. Erin, co-chair of MoFo’s Class Actions + Mass Torts practice and founder and …›
In a unanimous decision reversing the Ninth Circuit, the Supreme Court in AMG Capital v. FTC ended a federal circuit split and squarely held that the FTC lacks authority to pursue equitable monetary relief in federal court under Section 13(b) of the Federal Trade …›
JD Supra has recognized Morrison & Foerster as part of its Readers’ Choice Awards. The Awards recognize top authors and firms whose articles were read by C-suite executives, in-house counsel, media, and other professionals across the JD Supra platform during 2020. Erin Bosman, co-chair …›
Class certification is often discussed as a “stage” of litigation, but the Second Circuit’s recent decision in Jin v. Shanghai Original, Inc. et al[1] is a good reminder that, even after a class is certified, class treatment must remain appropriate throughout the litigation. In …›
The United States Supreme Court has repeatedly declined to resolve a question that has sharply divided the Circuits: whether a class may be certified even though it contains uninjured members. See e.g., Tyson Foods, Inc. v. Bouaphakeo et.al., 136 S. Ct. 1036, 1050 (2016). …›
The Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid, impacting many pending TCPA cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally requires an individual’s prior consent to use an automatic …›
How close a connection does there need to be between a lawsuit and the defendant’s in-state activities for specific personal jurisdiction to apply? The Supreme Court issued a decision on that issue today in Ford Motor Co. v. Montana Eighth Judicial District Court and …›
More aggressive enforcement actions and increased regulatory activities under the Biden Administration are here. In President Biden’s first weeks, he is making good on his promise to reverse course from the previous administration’s product safety agenda. So far, we witnessed rare civil penalties against product …›