Questions about FTC jurisdiction, "fairly" construing exempt or non-exempt, and more in this issue of Advertising Law News & Analysis

Is Past Prologue for FTC Jurisdiction?

A recent decision in an antitrust case brought by the Federal Trade Commission (FTC) in the U.S. District Court for Delaware could significantly limit the Commission's ability to bring consumer protection cases in federal court, write Venable attorneys Len Gordon and Mary Gardner in a recent blog post. The court held that the FTC can sue in federal court only where it is able to allege that the defendant is violating or about to violate a law the FTC enforces. This decision, if broadly accepted, could severely limit the ability of the FTC to pursue cases in federal court for companies that are accused only of past violations by the FTC.

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Exempt or Non-Exempt: Now to Be Construed "Fairly"

These are complicated times—even more complicated than usual—for the Fair Labor Standards Act (FLSA) and the question of who is exempt from its requirement of overtime pay. In a recent client alert, Venable attorneys Doug Mishkin and Robin Burroughs write that in addition to the ongoing back-and-forth at the U.S. Department of Labor (DOL), a recent Supreme Court decision may change the tide of FLSA enforcement, not because of the result of the case, but because of one element of the Court's reasoning.

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CPSC Wants to Connect About Connected Products

On May 16, 2018, the Consumer Product Safety Commission (CPSC), which previously has voiced concern about Internet of Things (IoT) technology and smart products, will hold a public hearing on the potential consumer product hazards that could be posed by the technologies. In a recent blog post, Venable attorneys Heather Bramble and Meryl Nolan write that the hearing is an excellent opportunity for companies in the space to showcase best practices and provide insights that can help shape CPSC policy.

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From the Tool Kit:

If your advertising and marketing practices have attracted the FTC's attention, that is rarely good news. In the latest edition of the firm's Advertising Law Tool Kit, Venable partners Jeff Knowles, Amy Mudge, and Randy Shaheen share best practices and points companies should consider when responding to a subpoena or access letter from the FTC.

COMPLY2018

May 16-17, 2018 | Tribeca 360 and Rooftop, New York, NY

Venable counsel Alexandra Megaris will moderate a session, "The Chief Compliance Officer Perspective," at COMPLY2018, The RegTech and Compliance Conference, on May 17, 2018 from 8:45 a.m. to 9:15 a.m. ET. During this session, guests will learn practical approaches to the challenges and changes that new technologies are providing from three prominent chief compliance officers (CCOs). A few of the challenges faced by CCOs that will be discussed include third-party risks, new regulations, global expansion, and ever-changing regulatory environments. Learn how CCOs are overcoming these competing demands to keep their organizations ahead of risk while staying ahead of the competition.