To help with your writing efforts, here’s what people are looking for in Business Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:
Consider writing about:
A $2.75 million settlement that California’s attorney general announced on Feb. 11 with the Walt Disney Co.; company practices that led to this record-setting settlement under the California Consumer Privacy Act; practical takeaways for other companies regarding the CCPA, consumer opt-out rights, and business obligations to ensure compliance with those rights.
Related information:
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Noteworthy developments involving federal or state pre-merger notification requirements; history and current status of a Biden-era rule on pre-merger information disclosure obligations; what to know about a Texas federal judge’s Feb. 12 ruling that blocked the rule, and the FTC’s appeal of that ruling; current or anticipated state laws that set forth pre-merger notification requirements.
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Trends involving companies’ auto-renewal policies; the Federal Trade Commission’s renewed attention to the negative option or “click to cancel” rule; company practices and consumer rights that the rule addresses; noteworthy enforcement actions involving companies’ auto-renewal practices or other practices related to customer subscriptions or memberships; where the “click to cancel” rule stands now; how companies should be addressing related legal or regulatory risks, whether involving FTC enforcement actions, consumer lawsuits, or actions by state attorneys general.
Related information:
https://www.ftc.gov/legal-library/browse/rules/negative-option-rule
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The U.S. Department of Justice’s recent announcement of a $1 million whistleblower award; nature of the alleged violations in the underlying case; what this whistleblower award may signal regarding DOJ priorities; how companies should be viewing their compliance histories and their internal whistleblower policies in light of the DOJ’s $1 million award; what else to know about antitrust enforcement under the second Trump administration and the DOJ Antitrust Division’s Whistleblower Rewards Program, its origins, and how it works.
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An $8.5 million jury verdict against Uber in a lawsuit over a driver’s alleged sexual assault of a passenger; grounds for finding Uber liable for the driver’s conduct; what to know about other lawsuits against the ride-sharing company over similar assault reports; what this week’s verdict could mean for these other cases; whether Uber drivers’ status as independent contractors is a factor in these cases; any practical takeaways for other companies.
Related information:
https://www.theguardian.com/technology/2026/feb/05/uber-liable-sexual-assault
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Pricing practices that are drawing the attention of consumers, legislators, or federal and state regulators; what to know about pricing transparency and algorithmic, surveillance, and dynammic pricing, how they are used, and how they compare to each other; mechanisms or usages that are being scrutinized or challenged; noteworthy settlements or other developments; best practices for companies as they launch or refine their pricing systems.
Related information:
https://www.ftc.gov/legal-library/browse/cases-proceedings/instacart
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An antitrust investigation recently launched by the European Commission over Google’s use of content from YouTube and web publishers for some of its AI-related endeavors; basis for the Commission’s action; what practical implications other tech companies should take from this EU probe.
Related information:
https://ec.europa.eu/commission/presscorner/detail/da/ip_25_2964
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The recent indictment of a former senior manager at a government contractor on fraud charges; alleged actions leading to the indictment; potential repercussions in this case; what to know about the U.S. Department of Justice’s attention to cybersecurity and any perceived lack of compliance on the part of federal contractors; what else contractors should know about relevant cybersecurity standards and their related obligations.
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The Federal Trade Commission’s Consumer Review Rule; what it consists of; the FTC’s process for following up on consumer complaints over alleged rule violations; potential penalties for violations; recent or otherwise noteworthy FTC actions involving its review rule; how companies can best comply with the rule – or how they can best respond to an FTC enforcement action regarding the consumer review rule.
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Recent state-level developments involving data privacy; any noteworthy regulatory guidance, enforcement actions, litigation, amendments, legislation, newly effective dates for measures, or other significant developments; related practical information on compliance, potential penalties, and risk management. Also consider whether to focus on one particular state or region of the United States, or whether to do a comparison across states, or a look at any particular emphases or trends that may be emerging or multiplying. Alternatively, consider whether to do a year-end review of data privacy highlights for 2025, with a presentation of those highlights’ practical implications for 2026, or a heads up regarding any new data privacy compliance requirements that may be quickly approaching on the state level.
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A Dec. 11 Executive Order on artificial intelligence; what the Executive Order could mean for state laws on AI use, state or federal enforcement actions, businesses’ compliance obligations or best practices, and the future of the AI industry and AI development on a wider basis; how the Trump White House’s approach to AI compares to the position taken by authorities in other countries or regions.
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A recent ruling by a District of Columbia judge in the Federal Trade Commission’s antitrust case against Meta; key issues in this case; top takeaways from Judge James Boasberg’s decision; challenges for regulators in pursuing antitrust claims against major tech companies; how the antitrust landscape may be evolving in response to technological or market changes.
Consider writing about:
The EU Digital Omnibus; its purpose, origins, and significance; whom key Omnibus proposals would most affect; timeline and process for the implementation of proposed changes regarding the regulation and use of artificial intelligence, cybersecurity, and data under the Omnibus measure.
Related information:
https://digital-strategy.ec.europa.eu/en/library/digital-omnibus-regulation-proposal
https://ec.europa.eu/commission/presscorner/detail/en/ip_25_2718
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A deferred prosecution agreement entered into last month by the U.S. Department of Justice in a Foreign Corrupt Practices Act case involving Comunicaciones Celulares S.A.; significance of this agreement in terms of risk factors at issue and enforcement priorities for the DOJ; practical guidance regarding the current FCPA enforcement landscape and regarding how to secure a deferred prosecution agreement.
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The European Union’s Cyber Resilience Act; main focus of the Act; timeline for implementation of the Act and for related compliance obligations; what affected entities should be doing to prepare for the Act’s requirements.
Related information:
https://digital-strategy.ec.europa.eu/en/policies/cyber-resilience-act
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A recent $2 million settlement that the operator of online marketplace Temu will pay to resolve allegations by the Federal Trade Commission that the company violated the INFORM Consumers Act of 2023; specific company actions or compliance lapses at issue; what to know about the INFORM Consumers Act and key obligations or enforcement trends involving that Act; what other online marketplaces may be able to learn from the Temu case.
Related information:
https://www.ftc.gov/legal-library/browse/cases-proceedings/232-3096-whaleco-inc-dba-temu-us-v
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A Notice of Proposed Rulemaking adopted by the Federal Communications Commission at its Oct. 28 meeting; what the proposals could mean for Telephone Consumer Protection Act requirements, consumer rights, and business obligations; what potentially affected businesses should know about the FCC rulemaking process, the proposals’ status, and the potential timeline for implementation of any changes.
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Data breach disclosure requirements for companies doing business in California; how the requirements are changing under recently signed legislation (Senate Bill 446); when the changes are set to take place; potential penalties for non-compliance; exceptions to the requirements.
Related information:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260SB446
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The recent Amazon web services outage; what the outage drives home about system dependencies and potential risks; what businesses should know about their cloud-related operations, vendor agreements, potential for cost recovery following an outage or disruption, and strategies (to be deployed before or following an incident) for minimizing impacts on a business’s operations and bottom line.
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Noteworthy recent developments involving the regulation of artificial intelligence, whether broadly speaking or in the jurisdiction of your choice; whether any of the regulations or proposals are breaking new ground; whom the regulations stand to most affect; related compliance issues; what else stands out to you about newly implemented or recently proposed regulations.
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The Federal Trade Commission’s recent challenge of a potential merger between two manufacturers in the medical device sector; basis for the FTC’s objection to GTCR BC Holdings’ proposed acquisition of Surmodics Inc.; what the FTC’s action may indicate regarding the evolving antitrust landscape under the second Trump administration and possible courses of action for M&A deals going forward.
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Algorithmic pricing; what it consists of; how states or other authorities regard the practice of algorithmic pricing; when use of algorithmic pricing may give rise to allegations involving collusion and antitrust; any significant lawsuits, legislation, regulatory actions, or other legal developments involving this pricing practice; how businesses can avoid associated risks.
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A record-breaking $1.35 million penalty imposed on a company by California privacy regulators; in what other ways this case marks a first; company actions or lapses that led to the financial penalty and related obligations under the settlement with the California Privacy Protection Agency; lessons that this case may offer to other companies regarding their own practices and potential weaknesses.
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The U.S. Department of Defense’s final rule for the Cybersecurity Maturity Model Certification Program; how the final rule compares to the proposed rule; key requirements, timelines, and deadlines that defense contractors need to be aware of; potential risks of non-compliance with the CMMC final rule; how contractors should be assessing their cybersecurity preparedness at this juncture.
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Multimillion-euro fines imposed by French data protection regulators on Google and e-commerce firm Shein earlier this month; company actions that prompted regulators’ response; implications for Google and Shein’s business practices going forward; practical lessons for other companies as regards data privacy.
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The American Franchise Act; origin, intent, and status of this congressional legislation; trends spurring the introduction of this bipartisan legislation; what the legislation’s supporters hope to achieve; what this bill would mean for franchisors, franchisees, and their employees; prospects for the measure’s passage.
Related information:
https://www.congress.gov/bill/119th-congress/house-bill/5267/text/ih?overview=closed&format=xml
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A declination letter issued by the U.S. Department of Justice on Aug. 7 in a case involving alleged violations of the Foreign Corrupt Practices Act; what to know about the underlying allegations against the company; basis for the DOJ’s decision to not prosecute; what other companies may be able to learn from this case and apply to their own current or potential interactions with the DOJ; and perhaps a wider-angle look at evolving corporate enforcement – and FCPA enforcement in particular – under the second Trump administration.
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A Sept. 2 ruling by a U.S. District Court judge in an antitrust case brought against Google by the U.S. Department of Justice; background to the case, and how artificial intelligence’s rise impacted it; key points in the ruling; issues on which Google won or lost; what stands out to you about the remedies in this case; the ruling’s implications for the tech industry as a whole.
Related information:
https://www.pbs.org/newshour/economy/judge-orders-search-shakeup-in-google-monopoly-case
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The “failure to prevent fraud” offense that took effect in the United Kingdom on Sept. 1; to whom the measure applies; key types of fraud at issue; how the measure will be enforced; potential penalties or other liability risks that organizations should know about if they are found to be out of compliance; fraud prevention measures that organizations should be reviewing for effectiveness – or implementing, if they don’t already have applicable safeguards in place.
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Noteworthy legal developments involving companies’ handling of children’s data. Take your pick of settlements, enforcement actions, lawsuits, verdicts, or other recent developments. What are the lessons that other companies can draw from these developments? Where do companies tend to run afoul of the Children’s Online Privacy Protection Act or other federal or state requirements pertaining to children’s data? What state-level trends are you seeing on the matter of children’s data privacy?
Related information:
https://www.sfgate.com/business/article/disney-to-pay-10-million-fine-after-ftc-says-it-21027463.php