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• Mergers & Acquisitions Primer ( January 1999 )
  Robert W Doyle of Federal Trade Comm. Competition Bureau

  Most large mergers and acquisitions are reviewed by the United States government prior to consummation. The two agencies reviewing these transactions are the Department of Justice ("DOJ") and the Federal Trade Commission ("FTC"). In order to provide a degree of predictability in those reviews, the agencies have promulgated a set of rules with regard to how the parties report their transactions to the government and how those transactions are evaluated. This note provides some background on both the premerger notification requirements and the guidelines for evaluating mergers.

• Employers Bound by FTC's New Consumer Information Disposal Rule ( June 2005 )
  Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP

  On June 1, the Federal Trade Commission's (FTC) new rule regarding disposal of personally identifying consumer information took effect. This rule was implemented as part of the Fair and Accurate Credit Transactions Act of 2003 to help combat consumer fraud and identity theft by prohibiting the improper disposal of consumer information. The rule applies to every company, regardless of industry or size, that obtains personally identifying consumer information derived from a credit report.

• New FTC Regulations On Proper Destruction of "Consumer Information": Steps Employers Need to Take to Comply ( August 2005 )
  Philip L. Gordon and Cathy S. Beyda of Littler Mendelson, P.C.

  Effective June 1, 2005, the new regulations require employers to take reasonable steps to prevent unauthorized use of and access to consumer information during disposal of such information.

• Recent Decision Casts Doubt on Scope of Section 17200 in Cases Involving Securities Transactions ( March 2004 )
  Karl D. Belgum of Thelen Reid Brown Raysman & Steiner LLP

  California's unfair competition law - Business and Professions Code §17200 - imposes civil liability for "any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising." A recent California appeals court decision purports to impose a significant new limitation on the scope of §17200, holding that the statute does not encompass actions arising out of "securities transactions."

• New Law Extends Fair Credit Reporting Act Preemption, ImposesNew Requirements on Credit Bureaus and Users ( November 2003 )
  Goodwin Procter LLP

  On Thursday, December 4, 2003, the President signed into law the Fair and Accurate Transactions Act of 2003. This Financial Services Alert article emphasizes the provisions of FACTA that most significantly affect lenders and other users of consumer reports. It should be noted that there are many other provisions that primarily affect consumer reporting agencies, particularly with regard to consumers who assert that they are victims of identity theft.

• Do Not Call Stumbles, Recovers ( October 2003 )
  Joseph J. Lewczak and Ivana  Starr of Davis & Gilbert LLP

  On October 7, 2003, the United States 10th Circuit Court of Appeals granted the Federal Trade Commission's ("FTC") request to stay an order of the United States District Court for the District of Colorado that blocked FTC implementation and enforcement of the National Do Not Call Registry ("Registry"). In granting the stay, the Court of Appeals found that the FTC demonstrated a substantial likelihood of success on the merits and that the implementation of the Registry likely "passes muster" under the <u>Central Hudson</u> test.

• Discosure Of Security Breaches Required By New California Privacy Legislation ( September 2003 )
  Elaine M. Laflamme, Cheryl A. Falvey and Michael A. Oakes of Akin Gump Strauss Hauer & Feld LLP

  Companies that maintain electronic personal information regarding California residents have a new privacy compliance obligation effective July 1, 2003. In response to hackers breaking into the state of California's payroll database containing personal and financial information on the state's 265,000 employees, voters in that state passed a bill requiring companies doing business in California, as well as state agencies, to disclose publicly any computer security breaches that involve the personal information of a California resident.

• Email Address Harvesting: How Spammers Reap What You Sow ( August 2003 )
  Federal Trade Commission

  Is your in-box clogged with junk email messages from people you don't know? Are you over-whelmed by unsolicited email offering products or services you don't want? It's no wonder. According to research by the Federal Trade Commission (FTC) and several law enforcement partners, it's harvest time for spammers.

• FTC-Rambus Trial To Set The Standard For Antitrust-IP Overlap ( May 2003 )
  Bernard  Rhee and M. June Casalmir of Powell Goldstein LLP

  Against the backdrop of multiple, private patent infringement cases, as well as a two year Federal Trade Commission investigation, the trial of the Commission's case against Rambus, Inc. began on April 30, 2003. In the Matter of Rambus, Incorporated, Docket No. 9302. Although former FTC Administrative Law Judge (ALJ) James Timony handled most of the pre-trial process, recently sworn-in ALJ Stephen McGuire will be presiding over the trial.