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Today on the WLF Legal Pulse Blog

FTC’s Actions on In-App Purchases Reflect Chilling Move Toward “Mother-May-I” Paternalism

Federal regulatory agencies routinely act as table-setters for the plaintiffs’ bar. Class-action lawsuits can require targets of federal enforcement actions, even after those actions end in settlement, to defend against the same allegations in court. A federal judge’s April 3, 2015 dismissal of a class action on the ground that the company had already entered into a settlement with the Federal Trade Commission (FTC), therefore, was a commendable outcome. The underlying FTC action that inspired the suit, however—an industry-wide investigation into companies’ in-app purchase procedures—is far less welcome. The Commission’s investigation is yet another example of government’s steady drift away from respecting permissionless innovation and toward “mother-may-I” paternalism.

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United States v. Philip Morris USA
On May 22, 2015, the U.S. Court of Appeals for the District of Columbia Circuit overturned a district court order requiring tobacco companies to buy millions of dollars in advertising space to print “corrective statements” containing confessions...
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BP Exploration & Production Inc. v. United States
On May11, 2015, WLF asked the U.S. Supreme Court to review an appeals court decision that adopted a confusing test for determining hazardous-discharge liability under the Clean Water Act (CWA). The dispute arises from the 2010 explosion on the...
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Comments Regarding The Scientific Report of the 2015 Dietary Guidelines Advisory Committee
On May 8, 2015, Washington Legal Foundation submitted formal comments to the Department of Health and Human Services (HHS) and the U.S. Department of Agriculture (USDA) on the 2015 Dietary Guidelines Advisory Committee’s (DGAC) Scientific Report....
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Quicken Loans Inc. v. Brown
On April 29, 2015, WLF asked the U.S. Supreme Court to review an outsized punitive damage award by a West Virginia state court. Seeking to ensure that state courts provide meaningful judicial review of punitive damage awards, WLF’s brief contended...
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On April 28, 2015, Washington Legal Foundation filed formal comments with the Food and Drug Administration (FDA) urging the agency to adopt the Expedited Agency Review (“EAR”) proposal submitted by several pharmaceutical industry trade groups, in...
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Lorillard, Inc. v. FDA
On April 27, 2015, WLF filed a brief in the U.S. Court of Appeals for the District of Columbia Circuit, urging it to authorize affected businesses to challenge federal agencies when the agencies appoint advisory committees whose members have...
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California Appellate Court Provides Clear Guidance on Proposition 65 Exposure Analyses—For Now
By Ann Grimaldi, Principal and Founder of Grimaldi Law Offices in San Francisco, California. Grimaldi Law Offices counsels clients on chemical and product regulatory compliance and defends them in enforcement actions.
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By Thomas J. Cunningham, a Partner in the Los Angeles and Chicago offices of the law firm Locke Lorde LLP, and Co-Chair of the Litigation Department, and Simon A. Fleischmann, a Partner in the firm’s Chicago office and Founding Member of its Food & Beverage Industry Group.
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Oil And Gas Employers Face New Scrutiny Under OSHA's Severe Violator Program
By Jeffrey Tanenbaum, a Partner in the San Francisco office of the law firm Nixon Peabody LLP, where he chairs the OSHA practice, and Rachel Fischetti, an Associate with the firm.
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A National Data-Breach Notification Standard: Why Federal Preemption Is Imperative
By Daniel I. Prywes, a partner with the law firm of Bryan Cave LLP, in Washington, D.C., and John C. Bush, an associate with Bryan Cave LLP in its Atlanta office. Both are members of the law firm’s Data Privacy and Security Group.
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