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The First Criminal Procedure Revolution (Harvard Law Review)
: Today, it seems obvious that criminal defendants can waive constitutional rights. Plea bargains make up the vast majority of criminal convictions, and defendants routinely trade their rights — to indictment, to remain silent, to an attorney, to a jury — in exchange for a faster trial or a lesser charge. The modern criminal legal system is a regime of negotiated justice. Rights used to have more force. The post The First Criminal Procedure Revolution appeared first on Harvard Law Review
Lexington Insurance Co. v. Smith (Harvard Law Review)
: Chief Justice John Marshall recognized that Indian tribes are “distinct, independent political communities, retaining their original natural rights, as the undisputed possessors of the... The post Lexington Insurance Co. v. Smith appeared first on Harvard Law Review
Without Remedies: The Effect of Cummings and the Contract Law Analogy on Antidiscrimination Spending Clause Plaintiffs (Harvard Law Review)
: It has become increasingly difficult for civil rights plaintiffs to vindicate their rights in federal court. Barriers to successful lawsuits are plentiful. Qualified immunity... The post Without Remedies: The Effect of Cummings and the Contract Law Analogy on Antidiscrimination Spending Clause Plaintiffs appeared first on Harvard Law Review
Data Protection Day 2025! (European Data Protection Supervisor News)
: Data Protection Day 2025! miriam Fri, 01/24/2025 - 14:55 Tue, 01/28/2025 - 12:00 Every year on 28 January, we celebrate Data Protection Day. This date marks the anniversary of the Council of Europe’s Convention 108, the first binding international law securing individuals' rights to protection of their personal data. Read our factsheets to learn more about your rights 1 Read our factsheets to learn more about your
Happy Data Protection Day 2026! (European Data Protection Supervisor News)
: Happy Data Protection Day 2026! agnieszka Mon, 01/26/2026 - 15:55 Wed, 01/28/2026 - 12:00 Every year on 28 January, we celebrate Data Protection Day. This date marks the anniversary of the Council of Europe’s Convention 108, the first binding international law securing individuals' rights to protection of their personal data.
Dead Infants and Taking the Fifth (Cornell Law Review)
: This Essay offers tribute to Professor Colb’s teachings and insights expressed in her writings on the Court’s Miranda and Self-Incrimination Clause rulings. Since the start of the twenty-first century, Professor Colb wrote many blogs on the Court’s Miranda doctrine. Miranda v. Arizona famously held that persons under arrest must be warned of their right
Monday’s Mix (Slaw)
: Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Canadian occupational health & safety law 2. Employment & Human Rights Law in Canada 3. Legal Post Blog 4. Know How 5. ABlawg.ca Canadian occupational health & safety law Do you know what you don’t know? Workplace hazard disclosure and the limits of owner liability under the . . . [more] The post Monday’s Mix appeared first on Slaw
Managing Client Expectations (Slaw)
: In almost every context, first impressions are key. I would argue that, for lawyers, communicating clear expectations during that first meeting is an essential skill. It is not a skill that comes easily. I have spoken about this topic with many lawyers over the years. There seems to be a clear divide between newly-called lawyers who have a tendency to make grand promises and seasoned lawyers who temper expectations. There is no “right” or “wrong” approach here. Everyone has to figure out their own style. My own style has been to keep expectations low…. very low. I conduct on average . . . [more] The post Managing Client Expectations appeared first on Slaw
CEF 2026: EDPB launches coordinated enforcement action on transparency and information obligations under the GDPR (EDPB News)
: Brussels, 19 March - The EDPB has launched its Coordinated Enforcement Framework (CEF) action for 2026*. Following a year-long coordinated action on the right to erasure in 2025 , the CEF's focus this year will shift to compliance with the obligations of transparency and information under the GDPR . The GDPR ensures that individuals are informed when their data is being processed (under Art. 12, 13 and 14). This right to be informed is a core element of transparency and ensures that individuals have more control over their data. Next steps During 2026, 25 Data Protection Authorities (DPAs) across Europe will take part in this initiative. They will look closely to assess the compliance of controllers with their transparency obligations under the GDPR. Participating DPAs will soon contact controllers from different sectors across Europe, either through enforcement actions or fact-finding exercises. In the latter case, they might also decide to undertake additional follow-up actions if needed. During the second[...]
Busting Myths About Children’s Capacity to Meaningfully Participate (Slaw)
: The Society for Children and Youth of BC (SCYBC) recently published a series of research papers on child capacity in the context of children’s participation rights [Note 1]. The papers examine capacity generally and in four specific contexts: health care, mental health, family law, and child welfare and adoption. Why does this matter? Traditionally, we have tended to assume that a child must first demonstrate sufficient “capacity” before being permitted to meaningfully participate in decisions affecting their life. And capacity has often been assessed primarily through the lens of cognitive ability. The SCYBC reports challenge both assumptions. I found them . . . [more] The post Busting Myths About Children’s Capacity to Meaningfully Participate appeared first on Slaw
CEF 2024: EDPB identifies challenges to the full implementation of the right of access (EDPB News)
: Brussels, 20 January - The European Data Protection Board (EDPB) has adopted a report on the implementation of the right of access by controllers . The report summarises the outcome of a series of coordinated national actions carried out in 2024 under the Coordinated Enforcement Framework (CEF). It lists the issues that were observed for some controllers, along with a series of recommendations to help them implement the right of access. A central element is controllers’ awareness of the EDPB Guidelines 01/2022 on data subjects rights – Right of access and whether these guidelines were followed in practice. EDPB Deputy Chair Zdravko Vukíc said: “The CEF is a valuable initiative that helps strengthen the cooperation among Data Protection Authorities (DPAs): by tackling selected topics in a coordinated fashion, they achieve greater efficiency and more consistency. How controllers implement the right of access lies at the heart of data protection and it is one of the most frequently exercised data subject rights[...]
Arcom's notice of May 6, 2026 accompanying the publication of model agreements provided for in article L333-10 of the French Sports Code. (Arcom Textes juridiques)
: The French regulatory authority for audiovisual and digital communication, Having regard to the French intellectual property code , in particular article L. 331-12 ; Having regard to the French Sports Code , in particular article L.333-10 ; After due deliberation, Adopts the following notice: The year 2025 marked a turning point in the fight against sports broadcasting piracy, with increased involvement of various types of intermediaries, under the impetus of sports rights holders, as part of the dynamic injunctions issued under article L. 333-10 of the French Sports Code . In addition to the legal actions involving Internet Service Providers (ISPs), which have been fully integrated into the scheme since 2022, and in order to strengthen the effectiveness of the blocking measures implemented, rights holders have extended their legal actions, from 2023, to search engine operators, who play a key role as central players in the diffusion of information on the internet and in directing users to sports-related con[...]
Stakeholder event on anonymisation and pseudonymisation: express your interest (EDPB News)
: Brussels, 17 November - The EDPB organises a remote event to collect stakeholders’ input on anonymisation and pseudonymisation on implications of the judgement of the Court of Justice of the European Union (CJEU) in EDPS v Single Resolution Board (SRB) . The event will take place on 12 December 2025 (time to be confirmed). This will be an opportunity to inform and support the EDPB’s ongoing work on these topics as per its work programme 2024-2025 and it reflects the EDPB’s commitment to stakeholder engagement, as outlined in the recent Helsinki statement . Who can participate? Individuals representing sector associations, organisations or NGOs and individual companies, law firms or academics are invited to express their interest to participate in this event (one participant per organisation). The EDPB encourages all organisations interested in this matter to delegate a representative with technical knowledge of these topics. As a general rule, participants will be registered on a first-come first-served b[...]
Animals in the law: questioning the property / other-than-property duality (Sorbonne Student Law Review - Revue juridique des étudiants de la Sorbonne)
: This article explores the tension between the legal status of animals as property and their growing recognition as sentient beings. It traces the evolution of legal and ethical thinking on animal issues, distinguishing between two waves of thought: the first, based on individual rights and liberal rationality, and the second, more inclusive and critical, incorporating feminist, ecologist and post-colonial approaches. The article proposes several avenues for reform, ranging from the recognition of animal legal personality to the creation of specific legal categories, but highlights the limits of these overly theoretical approaches. In practice, progress is best achieved through concrete legislative reforms (such as the French laws of 2021 or the Italian constitutional reform of 2022) and strategic litigation, aimed at enforcing or interpreting existing laws in favor of animals. In short, the article argues for a more pragmatic and coherent approach to animal protection, while calling for a move beyond traditi[...]
Ninth Circuit Partially Revives ‘Low-FODMAP’ Labeling Suit (The Daily Intake)
: A Ninth Circuit panel has partially revived (Law360 subscription required) a lawsuit alleging that FDA and USDA nutrient content claim regulations violate First Amendment rights by preventing the inclusion of certain information about fermentable oligosaccharides, disaccharides, monosaccharides, and poloyols (FODMAPs) on food labels. The lawsuit was initially filed against FDA, USDA, and USDA's Food Safety Inspection Service (FSIS) in March 2023 after one plaintiff submitted a label to FSIS for approval. FSIS denied the approval, telling the company that it must “remove all references to digestible, gut loving, and fodmap.” According to the plaintiff, FDA had never raised concerns about the claims on labels of FDA-regulated foods. According to the Ninth Circuit, FSIS told the company that it discussed the proposed label with FDA, and FDA agreed that the FODMAP claims were impermissible nutrient content claims. The company modified the label, then filed the lawsuit along with a consumer plaintiff. The plainti[...]
Support the EDPB’s work as an expert (EDPB News)
: Brussels, 28 November - The EDPB launched a call for expression of interest to establish a new reserve list for the Support Pool of Experts (SPE) programme . The objective is set up a reserve list of legal and technical experts. The legal expertise sought includes a wide range of fields, such as data protection, policy monitoring, technology, cybersecurity, competition, healthcare, online intermediary services and content moderation . As for the technical expertise , the relevant areas include IT auditing, website security, mobile OS and apps, Internet of Things, cloud-computing, behavioural advertising, anonymisation techniques, cryptology, artificial intelligence, User experience (UX) design, fintech , data science, social science (incl. economics, sociology, psychology), and development of applications and software . Bring your expertise to the table Don’t miss this opportunity to participate in this EDPB’s key strategic initiative. Your work will help Data Protection Authorities (DPAs) across Europe incr[...]
DMA and GDPR: EDPB and European Commission endorse joint guidelines to clarify common touchpoints (EDPB News)
: Brussels, 09 October - The European Data Protection Board (EDPB) and the European Commission endorsed joint guidelines on the interplay between the Digital Markets Act (DMA) and the General Data Protection Regulation (GDPR) . These are the first joint guidelines by the Board and the European Commission. In line with its 2024-2027 Strategy and the recent Helsinki Statement’s objectives to make GDPR compliance easier and strengthen consistency, the EDPB has cooperated with the European Commission, each within their respective mandates, to facilitate the coherent application of the DMA*and GDPR and to increase legal certainty for gatekeepers, business users, beneficiaries and individuals. EDPB Chair Anu Talus said: “These joint guidelines are the result of a fruitful cooperation between the EDPB and the European Commission. This is the first time that the EDPB and the European Commission prepare guidelines jointly. This approach maximises usefulness of the guidance by simplifying compliance for businesses and[...]
Marking 10 years of the GDPR: the evolution of the European data protection landscape (EDPB News)
: Brussels, 27 April – Today marks the 10th anniversary of the GDPR’s adoption, the first comprehensive data protection framework spanning an entire continent, establishing clear rights for individuals and obligations for organisations across Europe. The moment that led to the creation of the EDPB The GDPR led to the establishment of the European Data Protection Board (EDPB) on 25 May 2018, replacing the Article 29 Working Party that was previously in charge of dealing with issues relating to the protection of personal data. The GDPR gave the Data Protection Authorities (DPAs) stronger enforcement powers and expanded the scope of their work from focusing mainly on national compliance complaints to routinely dealing with cross-border cases. In the past 10 years, the 31 European DPAs comprising the EDPB have worked together to ensure the consistent enforcement of the GDPR and a harmonised data protection approach across Europe. A key role in an evolving digital landscape Today, the GDPR is part of a broader an[...]
Interplay between the DSA and the GDPR: EDPB adopts guidelines (EDPB News)
: Brussels, 12 September - During its September plenary meeting, the European Data Protection Board (EDPB) has adopted guidelines on the interplay between the Digital Services Act (DSA) and the General Data Protection Regulation (GDPR) . These are the first set of EDPB guidelines on the interplay between the GDPR and the EU’s recently adopted digital laws. The DSA aims to complement the rules of the GDPR to ensure the highest level of protection of fundamental rights in the digital space. Its main goal is to create a safer online environment in which the fundamental rights of all users, including the right to freedom of expression, are protected. It applies to online intermediary services , such as search engines and platforms. Several provisions included in the DSA entail the processing of personal data by intermediary service providers. The EDPB guidelines contribute to the consistent application of the DSA and of the GDPR, insofar as some provisions of the DSA concern the processing of personal data by inte[...]
PRIVACY LEGAL RELATIONSHIPS (Sorbonne Student Law Review - Revue juridique des étudiants de la Sorbonne)
: This work is aimed at initiating of discussion and developing a general theory of privacy law. The author suggests beginning with classification of legal relationships arising in privacy sphere, as a first step toward identifying the flaws in privacy rulemaking and law application. The relational theory of law, underlying this work, explains why each privacy legal relationship will take its own direction and will form an object in a unique way. The method used in this work is classification of legal relationships using the bases adopted from theory of civil law. The work identifies at least nine types of privacy legal relationships, interpret them, shows them as a correlated system, highlights the patterns of their existence and draws parallels between some institutions of civil law and privacy law. Also, the concept of legal relationships discovers many mysteries of theory privacy law and teaches us what is the object of subjective privacy right, what subjective obligations actually has a data controller an[...]
FTC settlement challenges deceptive claims by patent assertion entity (FTC USA Business Blog Posts)
: FTC settlement challenges deceptive claims by patent assertion entity wfg-adm109 November 6, 2014 | 11:07AM FTC settlement challenges deceptive claims by patent assertion entity By Lesley Fair Patent assertion entities have been the subject of much debate in antitrust and intellectual property circles. But there’s one proposition we hope that parties on all sides of the issue can agree on: It’s illegal to falsely threaten patent suits against small businesses or make unfounded claims that other companies have paid for patent licenses. That’s the misconduct alleged in a settlement the FTC just announced with patent assertion entity MPHJ Technology Investments, LLC, MPHJ corporate officer Jay Mac Rust, and Texas-based law firm Farney Daniels, P.C. Generally speaking, patent assertion entities are companies that acquire patent rights and then seek licensing fees from businesses they claim are infringing their patents. The FTC’s action centers on representations that MPHJ made while asserting patents that relate[...]
Diversity, Inclusion, and Decolonization Committee Events on Truth and Reconciliation between Indigenous and non-Indigenous Peoples (Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog)
: September 30 has been a significant date in Canada since 2013, when Phyllis Webstad from the Stswecem’c Xgat’tem First Nation shared her story of attending St. Joseph’s Residential School in Williams Lake, BC, for the first time in 1973. As a youngster , she proudly wore her shiny new orange shirt, only to have it taken from her by the school. Since then, Orange Shirt Day has been a national movement in Canada where people across the country wear orange in honour of Phyllis and other residential school survivors, so that we both recognize and raise awareness of the history and legacies of the Canadian residential school system. This year’s Orange Shirt Day, September 30, 2021, is also the inaugural National Day for Truth and Reconciliation in Canada. As part of its mandate, the Diversity, Inclusion, and Decolonization Committee (DIDC) of CALL/ACBD is committed to fostering awareness and acumen in respect of issues of diversity, inclusion, and decolonization within all sectors of law librarianship and related[...]
Fighting Coronavirus scams: Taking stock (FTC USA Business Blog Posts)
: Fighting Coronavirus scams: Taking stock chundycz May 8, 2020 | 9:01AM Fighting Coronavirus scams: Taking stock By Andrew Smith, Director, FTC Bureau of Consumer Protection Since the beginning of the COVID-19 crisis, the FTC has released dozens of warning letters against people trying to make an illegal buck off the Coronavirus. More than a month in, it seems like a good time to look back at what’s happened. If you follow this blog, you’ll know these have been busy weeks – with advice about spotting the many scams we’re all facing, news of the warning letters sent on a wide range of scams, and some enforcement actions filed. You might wonder: Why send letters? Why not just sue the !*$@&#? Fair question. But the letters are working. And, given the scope of the scams out there right now, we want to get the best and fastest results we can with the most efficient tool we have. Right now, for these Coronavirus-related issues, that’s warning letters. In general, here’s how it goes: We spot someone advertising some[...]
EDPB brings clarity to data processing for scientific research, speeds up the finalisation of the anonymisation guidelines and approves first European data protection seal as a tool for transfers (EDPB News)
: Brussels, 16 April – During its latest plenary, the EDPB has adopted Guidelines on processing of personal data for scientific research purposes . In addition, the Board has created a team to speed up the finalisation of the guidelines on anonymisation. The EDPB has also adopted two opinions on the two sets of the Europrivacy certification criteria for approval as European Data Protection Seals, one of which to be used as a tool for transfers. Many areas of scientific research rely on the processing of individuals’ personal data, and this has driven significant scientific breakthroughs that benefit society. The rise of new technologies, such as artificial intelligence, also contributes to scientific progress by enabling researchers to use and analyse data in innovative ways. The main objective of the EDPB guidelines on scientific research is to provide more clarity for researchers and make GDPR compliance easier , while ensuring the protection of individuals’ fundamental rights . “Scientific research can driv[...]
EU-OSHA moves to new headquarters in Bilbao’s BAT Tower in the presence of European Commission Executive Vice-President Roxana Mînzatu (OSHA)
: The European Agency for Safety and Health at Work (EU-OSHA) today inaugurated its new offices in the BAT (B Accelerator Tower), in a ceremony presided over by the European Commission Executive Vice-President for Social Rights and Skills, Quality Jobs and Preparedness, Roxana Mînzatu . Also taking part in the event were William Cockburn , Executive Director of EU-OSHA; Mikel Torres , Deputy First Minister and Minister of Economy, Labour and Employment of the Basque Government; Ainara Basurko , Provincial Councillor for Economic Promotion and First Deputy General; and Amaia Arregi , First Deputy Mayor and Counsellor for Security at the Bilbao City Council. During the inauguration, European Commission Executive Vice-President Roxana Mînzatu highlighted that EU-OSHA’s new headquarters in the BAT marks the beginning of a new chapter for the Agency, which has been based in Bilbao since 1996 and has become Europe’s reference point for occupational safety and health. She noted that the building symbolises values suc[...]
EDPB opinion on AI models: GDPR principles support responsible AI (EDPB News)
: Brussels, 18 December - The European Data Protection Board (EDPB) has adopted an opinion* on the use of personal data for the development and deployment of AI models . This opinion looks at 1) when and how AI models can be considered anonymous, 2) whether and how legitimate interest can be used as a legal basis for developing or using AI models, and 3) what happens if an AI model is developed using personal data that was processed unlawfully. It also considers the use of first and third party data. The opinion was requested by the Irish Data Protection Authority (DPA) with a view to seeking Europe-wide regulatory harmonisation. To gather input for this opinion, which deals with fast-moving technologies that have an important impact on society, the EDPB organised a stakeholders’ event and had an exchange with the EU AI Office. EDPB Chair Talus said: “AI technologies may bring many opportunities and benefits to different industries and areas of life. We need to ensure these innovations are done ethically, safe[...]
We can’t go for that (no can do) (FTC USA Business Blog Posts)
: We can’t go for that (no can do) lfair July 17, 2017 | 11:38AM We can’t go for that (no can do) By Lesley Fair Of course, phantom debt collection – the practice of pressuring people to pay “debts” they don’t owe – harms consumers. But as an FTC complaint demonstrates, when phantom debt collectors strike, they could affect your company, too. According to the FTC , a Florida-based outfit engaged in a scheme to defraud consumers through the collection of debts people didn’t actually owe or the company didn’t have the authority to collect. The complaint charges that the defendants – Hardco Holding Group, S & H Financial Group, Dequan M. Sicard, and Daryl M. Hall (no, not that Daryl Hall) – violated the FTC Act and Fair Debt Collection Practices Act. When contacting consumers, in many instances the defendants allegedly impersonated attorneys and threatened to have people thrown in jail if they didn’t pay up on delinquent payday loans – loans, remember, that many consumers didn’t take out in the first place and de[...]
France: three overlapping woes are fuelling a generation of discontent (The Conversation – Articles (FR))
: KEY TAKEAWAYS The French high schooler-led uprising is not a sign of a generational struggle pitting the young against baby boomers. The uprisings indicate a state of discontentment reflecting three grievances: failings within the education system, eco-anxiety and concerns over employment in the age of AI. Far from demanding a break with the established order, young protesters are simply asking for the right to live a good and fair life... like their predecessors before them. Rarely has Freud’s Civilization and Its Discontents seemed so relevant to the times in which we are living. Although the discontents we are currently witnessing do not necessarily affect society as a whole, they are certainly impacting an entire generation born in the 21st century, as well as their parents and their social environment. Admittedly, we know that generations are not homogeneous and that any attempt to generalise is an oversimplification. Nevertheless, the high schoolers that are taking to the streets to protest in this day[...]
Michel Van Bellinghen elected BEREC Chair 2028 (BEREC Office)
: Michel Van Bellinghen elected BEREC Chair 2028 yannick.stephan Thu, 01/10/2026 - 08:59 Latest News At its plenary meeting on 1 October 2026, the Board of Regulators elected Michel Van Bellinghen , Chair of the BIPT Council (Belgium), as the BEREC Chair for 2028. In the year preceding the chairmanship, he will join the Mini-Board and work closely with the incoming Chair, Alejandra de Iturriaga Gandini ( CNMC , Spain), helping to ensure a smooth handover of responsibilities and continuity in BEREC’s work. This will be the second time Michel Van Bellinghen serves as BEREC Chair. BEREC leadership in 2027 BEREC’s leadership is centred on the Chair, supported by the Vice-Chairs. The Mini-Board, composed of the Chair, the Vice-Chairs and participants without voting rights, provides support for the Chair in carrying out their leadership responsibilities. During the plenary meeting, the Board of Regulators also elected the Vice-Chairs for 2027. Klaus Steinmaurer ( RTR , Austria) and Karol Krzywicki ( UKE , Poland) wi[...]
Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document (FTC USA Business Blog Posts)
: Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document lfair May 23, 2023 | 6:41PM Franchise Fundamentals: Taking a deep dive into the Franchise Disclosure Document By Lesley Fair Love at first sight may (or may not) be a real thing, but when it comes to investing your money, it’s unwise to fall for a franchise without first subjecting it to tough-minded scrutiny. The third in the FTC’s Franchise Fundamentals blog series walks through an essential part of that evaluation: an in-depth review of the Financial Disclosure Document (FDD) required by the FTC’s Franchise Rule . You must receive the Franchise Disclosure Document at least 14 days before you’re asked to sign any contract or pay any money to the franchisor or one of its affiliates. In fact, you have the right to the FDD once the franchisor has received your application and agrees to consider it. So speak up if you don’t receive it and ask questions – lots of them – as you review the FDD and any attached documents. Image Ind[...]
Using Vinyl & Spotify to Understand Legal Information Online (Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog)
: Hannah Steeves, the Instruction & Reference Librarian at the Sir James Dunn Law Library, Dalhousie University (Halifax), recently wrote an article on "Using Vinyl & Spotify to Understand Legal Information Online" . It originally appeared on Slaw.ca on February 15, 2022 . Most legal research is done online through a combination of open and subscription databases. Legal information is available at our fingertips through Justice Laws, LEGISinfo, CanLII, Westlaw, Lexis, ProView, SOQUIJ, [insert your preferred database here], and the list goes on. The availability of electronic resources has radically changed—and will continue to change—the way legal professionals conduct research. However, despite my enthusiasm for the improved accessibility and retrievability, I think the lack of engagement that new legal researchers have with print resources creates comprehension issues. The disconnect between a source’s print and electronic formats reduces their understanding of the process used to create the document. Unders[...]
New FTC warning letters cite unsupported Coronavirus-related health and earnings claims (FTC USA Business Blog Posts)
: New FTC warning letters cite unsupported Coronavirus-related health and earnings claims sgressin April 24, 2020 | 12:44PM New FTC warning letters cite unsupported Coronavirus-related health and earnings claims By Seena Gressin The FTC is not the pen pal you want if you operate a multi-level marketing company but aren’t closely monitoring your distributors. In its latest round of warning letters, the FTC warns ten MLM companies that they are responsible for the claims made by their participants. The letters direct the companies to report within 48 hours what actions they’ve taken to stop their distributors from claiming their products can treat or prevent Coronavirus disease, that MLM business opportunity participants are likely to earn substantial income, or both. The FTC says that the health and earnings claims are unsubstantiated and therefore violate truth-in-advertising laws. The products at issue are not scientifically proven to treat or prevent COVID-19, the disease that Coronavirus causes. The FTC pre[...]
LC v Secretary of State for Work and Pensions (anonymity order) (Judgement Courts Tribunals England Wales)
: UT ref: UA-2026-000083-PIP In the Upper Tribunal Administrative Appeals Chamber 28 October 2026 Before: Stewart Wright Judge of the Upper Tribunal Between: LC -v- Secretary of State for Work and Pensions Anonymity Order Appellant: LC Respondents: Secretary of State for Work and Pensions Tribunal: First tier Tribunal (Social Entitlement Chamber) Tribunal venue: Scarborough Tribunal Case Nos: SC231/24/00181 Tribunal decision date: 29 August 2025 NOTICE: Any breach of this order is liable to be treated as a contempt of court and may be punishable by imprisonment, fine or other sanctions under section 25 of the Tribunals, Courts and Enforcement Act 2007. The maximum punishment that may be imposed is a sentence of two years’ imprisonment or an unlimited fine. It is ordered , under rule 14(1)(b) of the Tribunal Procedure (Upper Tribunal Rules) 2008, that, without the permission of this Tribunal, no one shall disclose or publish the name, or any part of the address, of the appellant in these proceedings or publish [...]
Keep FCRA in the foreground when the subject is background screening (FTC USA Business Blog Posts)
: Keep FCRA in the foreground when the subject is background screening chundycz April 9, 2014 | 12:13AM Keep FCRA in the foreground when the subject is background screening By Lesley Fair When the talk turns to Big Data, part of the conversation is about all the public information available about people's lives – and how companies market it to prospective employers, landlords, etc. Two cases just announced by the FTC serve as a cautionary reminder to members of the industry that what they do may be subject to the long-standing consumer protections of the Fair Credit Reporting Act (FCRA) . InfoTrack, an Illinois company, and San Diego-based Instant Checkmate will be paying civil penalties to settle FTC lawsuits that they violated the FCRA. Is it time for an FCRA refresher at your business? Instant Checkmate marketed its reports as a way for prospective employers and landlords to investigate applicants. For example, the company advertised that one of the “GOOD REASONS to get instant criminal checks on anyo[...]
Committal for contempt of court: Luton Community Housing Limited -v- Earl and others (Judgement Courts Tribunals England Wales)
: Claim number: M00LU691 In the County Court at Luton Luton Justice Centre 5 June 2026 Before: His Honour Judge Davies Between: Luton community housing limited (“squared”) -v- 1. Christopher Earl 2. David Earl 3. Charlotte Earl 4. Roger Litchfield MR VAUGHAN appeared on behalf of the Claimant THE FOURTH DEFENDANT appeared In Person (part) NO APPEARANCE by or on behalf of all other Defendants Judgement (approved) This Transcript is Crown Copyright. It may not be reproduced in whole or in part, other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved. WARNING: reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the publication of the applicable information to the public or any section of the public, in writing, in a broadcast or by means of the internet, including social media. Anyone who receives a copy of this transcript [...]
Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs (FTC USA Business Blog Posts)
: Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs lfair March 18, 2019 | 10:24AM Nixing the Fix: Warranties, Mag-Moss, and restrictions on repairs By Lesley Fair First, the bad news: That nifty purchase needs a repair. Now the good news for consumers: It’s still under warranty. But where can they go to get it fixed? Can the manufacturer restrict a consumer’s ability to go to the independent repair shop of their choice? Can the manufacturer use glue, non-standard screws, and proprietary diagnostic software that make it difficult for independent repair shops to fix things? Do limitations like these affect consumers’ rights under the Magnuson-Moss Warranty Act ? That’s the topic of Nixing the Fix: A Workshop on Repair Restrictions , an FTC event scheduled for July 16, 2019 . Enforced by the FTC, the Magnuson-Moss Warranty Act helps consumers make informed buying decisions and gives them access to remedies if the widget starts to fidget during the warranty period. One key consumer protection unde[...]
Buckle up for a two-lane look at car buying (FTC USA Business Blog Posts)
: Buckle up for a two-lane look at car buying lfair July 30, 2020 | 1:04PM Buckle up for a two-lane look at car buying By Lesley Fair It’s one of the biggest purchases people make, but two new FTC staff reports examine some common pitfalls when consumers are in the market for a car. Buckle down and read the Bureau of Consumer Protection’s Buckle Up: Navigating Auto Sales and Financing , which focuses on the challenges buyers face in getting accurate, understandable information when shopping for a vehicle. Not in the auto business? Not so fast. The deep-dive analysis of Buckle Up and an accompanying report by BCP staff and the Bureau of Economics – The Auto Buyer Study: Lessons From In-Depth Consumer Interviews And Related Research – offer insights into the perception and behavior of consumers in the study that can apply to other industries. The FTC’s interest in auto-related transactions goes back decades. (Check out Volume 1 of Federal Trade Commission Decisions for a 1919 case regarding deception in the s[...]
CALL Member Article: Thoughts on the New Lexis+ Brief Analysis Tool: For Law Students and Novice Researchers (Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog)
: CALL member Erica Friesen, Research and Instruction Librarian & Online Learning Specialist at the Lederman Law Library at Queen's University in Kingston, Ontario recently wrote an article on " Thoughts on the New Lexis+ Brief Analysis Tool: For Law Students and Novice Researchers ". It originally appeared on Slaw.ca on September 28, 2022. It is republished here with permission of the author. New academic year; new legal research tools. Something new always comes out right as another cohort of students is gearing up to begin their law degree. And, as with many new product launches these days, “artificial intelligence” is often a prominently displayed term with accompanying materials. As legal publishers continue to launch AI-driven research tools in Canada, what do students and other novice researchers need to know to be prepared for their first forays into legal research? Lexis recently launched the latest version of their legal research platform, Lexis+ Canada, for Canadian law schools. It features signific[...]
New Professionals SIG Article: Library School and Beyond – Job Hunting Tips for New Grads (Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog)
: By Erin Clupp, Research Librarian in Norton Rose Fulbright’s Vancouver office. Congratulations! You’ve successfully completed library school and are a freshly minted information professional. What is an exciting time in your life can also be overshadowed by what comes next: the dreaded job hunt, heightened by the fact that we are still struggling through the COVID-19 pandemic. Despite this being a challenging and unprecedented time to enter the workforce, there are still many exciting opportunities that await you. Here are some tips and words of advice that I hope are helpful and comforting as you navigate through this next phase of your career: 1) Manage your expectations but be kind to yourself First and foremost, job hunting can really suck. It’s important to acknowledge this and understand there will be periods of frustration, self-doubt, and worry (especially when we have bills to pay). This is normal! Rejection can be painful, and sending applications into that black hole where resumes seem to go can b[...]
European Patent Organisation and extension of adequacy decisions for the UK: EDPB adopts opinions (EDPB News)
: Brussels, 06 May - During its latest plenary, the European Data Protection Board (EDPB) adopted an opinion on the European Commission’s draft adequacy decision under the GDPR concerning the European Patent Organisation (EPO) . In addition, the Board adopted an opinion on the European Commission’s proposal to extend the validity of the UK adequacy decisions under the GDPR and the Law Enforcement Directive (LED) . Finally, the EDPB agreed to grant the status of observer to the Personal Data Protection Agency of Bosnia and Herzegovina. Adequate protection of personal data by the EPO At the European Commission’s request, the Board adopted an opinion on the Commission’s draft adequacy decision regarding the European Patent Organisation (EPO). Once formally adopted by the Commission, this will be the first adequacy decision concerning an international organisation and not a country or a region. An adequacy decision is a key-mechanism in EU data protection legislation which allows the European Commission to deter[...]
UEFA European Football Championship and sports betting: the French Gambling Authority (ANJ) gathers operators and announces a dynamic and structuring action plan (ANJ)
: UEFA European Football Championship and sports betting: the French Gambling Authority (ANJ) gathers operators and announces a dynamic and structuring action plan admin lun 13/09/2021 - 16:45 On 20 July 2021, the French Gambling Authority (ANJ) gathered sports betting’s operators in order to make the overview of the European Football Championship that has been scarred by some abuses. Resulting from a constructive exchange, these operators have agreed on the necessity to proceed at a rebalancing of their practices in order to preserve the recreational model of the French gambling market. As such, the ANJ introduced an action plan that seeks to reinforce operators’ compliance, to adapt and complete existing tools and, where required, to use sanctioning procedures. English Questionable practices highlighted during the European Football Championship UEFA European Football Championship 2021 confirmed the growing place of sports bets in France with EUR 434 million of online stakes. The French team matches have arou[...]
Is it amour – or scam-more? (FTC USA Business Blog Posts)
: Is it amour – or scam-more? lfair February 11, 2021 | 12:17PM Is it amour – or scam-more? By Lesley Fair Online romance may begin with Panic! At The Disco’s High Hopes , but according to a new FTC Data Spotlight , all too often it ends with the conclusion that – to quote the J. Geils Band – Love Stinks . Far be it from us to put a damper on Valentine’s Day, but reports to the Consumer Sentinel Network suggest that the injury inflicted by romance scams is on the rise. According to the new Data Spotlight , “For three years running, people have reported losing more money on romance scams than on any other fraud type identified in Sentinel. In 2020, reported losses to romance scams reached a record $304 million, up about 50% from 2019. For an individual, that meant a median dollar loss of $2,500.” Why the increase? The continued popularity of dating apps is part of the story, but the pandemic has played a part, too. For right now, the need for social distancing and masking makes the “meet cute” at the local cof[...]
Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements (FTC USA Business Blog Posts)
: Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements wfg-adm109 June 13, 2012 | 12:25PM Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements By Lesley Fair The lawsuit against data broker Spokeo is the FTC’s first Fair Credit Reporting Act case addressing the collection of online info — including data from social networking sites — when used in the context of employment screening. But that’s not the only way the Spokeo settlement touches on social media. The FTC also charged that Spokeo violated Section 5 by having employees post glowing recommendations of the company’s services on news and technology websites without disclosing their true identity. Perhaps just the work of a rogue cubicle occupant? No, said the FTC. According to the complaint , Spokeo directed its employees to write the comments. Spokeo managers then edited what they wrote and had the staffers post the endorsements using account names provided by Spokeo. The purpose, says the FTC, was to give read[...]
New President's Message / Message de la nouvelle présidente (Canadian Association of Law Libraries / L'Association canadienne des bibliothèques de droit CALL/ACBD Blog)
: Le texte français suit. Dear CALLeagues, It was wonderful seeing over 160 of you in Moncton last month for a fantastic conference! I am still thinking about some of the sessions, from Dean Michael Marin's keynote on embedded librarianship and the role that law librarians have in legal education and practice, to sessions on generative AI use in law faculties and law firms, negotiating vendor contracts, and more. A huge thank you to co-chairs Michèle Leblanc and Laura Corscadden and the entire conference planning committee for all of their hard work. We have received wonderful feedback already, though a formal survey will be sent out in the coming weeks. Please do look out for that. As I settle into the president's role, I want to thank Jason Wong for an outstanding year at the helm. Jason's focus on community building and financial sustainability moved us forward in real, tangible ways, and his commitment to inclusion set a standard I hope to maintain. Thank you also to Mary-Jo Petsche for her four years on t[...]