The Bottom Line In 2023, the Federal Trade Commission (FTC) filed a complaint against Amazon alleging that the company engaged in a variety of “dark patterns” in violation of both the Restore Online Shoppers’ Confidence Act (ROSCA) and Section 5 of the FTC Act. These practices were said to Continue Reading
FTC Probes AI Companion Chatbots for Risks to Minors
Update This alert was updated on 10/14/2025 to reflect new law in California related to AI companion chatbots and children’s safety. Details of California’s new law are outlined below. The Bottom Line The Federal Trade Commission (FTC) announced an inquiry into seven major providers of Continue Reading
FTC Lessons Learned: Chegg’s $7.5 Million ROSCA Settlement
The Bottom Line The FTC is reinvigorating its focus on fraudulent practices in e-commerce — and subscription services are in the spotlight. On September 15, 2025, the FTC announced a settlement with EdTech company Chegg, Inc., requiring the company to pay $7.5 million and overhaul its Continue Reading
Inside NAD 2025: Trends, Takeaways and What’s Next
The Bottom Line The National Advertising Division (NAD) is the self-regulatory adjudicative body for the advertising industry. We attended and participated in NAD’s annual conference, which focused on the current state of the advertising industry, with discussions spanning from the impact of Continue Reading
Executive Order on Alternative Assets in 401(k) Plans: Key Considerations for Plan Fiduciaries
The Bottom Line On August 7, 2025, President Trump signed an Executive Order titled “Democratizing Access to Alternative Assets for 401(k) Investors” (the Order). The Order directs the Department of Labor (DOL), in consultation with the Securities and Exchange Commission, to review existing Continue Reading
Employee’s Receipt of Additional Severance After Voluntarily Resigning Supports Enforcement of Noncompete Agreement
The Bottom Line The enforceability of noncompete agreements is a perennially buzzworthy topic in New York and across the country. Generally, New York courts will enforce a noncompete agreement only to the extent that it is reasonable and necessary to protect valid business Continue Reading
After the One Big Beautiful Bill: Estate Tax Updates
The Bottom Line The recently enacted One Big Beautiful Bill Act has brought about significant changes to the long-term estate planning landscape by permanently increasing the federal lifetime gift, estate and generation-skipping transfer tax exemption amounts. These developments offer both Continue Reading
Are AI Chatbots Protected by the First Amendment? One Federal Court is Skeptical
The Bottom Line The intersection of technology and law has never been more complex, particularly as artificial intelligence continues to evolve and integrate into daily life. Recent legal battles have highlighted the contentious nature of liability in cases involving AI-driven platforms, Continue Reading
New Fair Use Rulings on AI Training Platforms
The Bottom Line Two courts recently issued decisions of note regarding the use of copyrighted material for training generative artificial intelligence (AI) platforms. Both decisions — Bartz v. Anthropic PBC and Kadrey v. Meta Platforms — hail from the District Court for the Northern District Continue Reading
Eighth Circuit Vacates FTC’s Negative Option Rule Just Before It Takes Effect
The Bottom Line Just days before the Federal Trade Commission’s Rule Concerning Subscriptions and Other Negative Option Plans (the “Rule”) was set to take effect on July 14, the U.S. Court of Appeals for the Eighth Circuit issued a significant decision vacating the Rule in its entirety. The Continue Reading