A number of the world’s leading democracies (U.S. excluded) would like to take a closer look at artificial intelligence (AI), and it’s affect on privacy, security, human rights, crime and finance. The U.S. has not joined this movement, for they believe this regulation could likely hurt businesses and the development of AI technologies. However, six
The Federal Trade Commission (“FTC”) recently filed two actions against Shore to Please Vacations LLC and Staffordshire Property Management, LLC alleging that the companies used illegal non-disparagement clauses in consumer form contracts in the course of selling their respective services, in violation of the Consumer Review Fairness Act (“CRFA”). The CRFA, which became effective in
For the second straight year, Kennyhertz Perry, LLC was named one of the “20 Best Litigation Firms in Kansas City” by the Expertise.com. Kennyhertz Perry is a business, regulatory, government compliance, and litigation law firm representing companies and individuals in highly-regulated industries, bringing a unique mix of top law firm expertise, practical experience, and pragmatic business solutions.
Braden Perry, a litigation, regulatory and government investigations attorney with Kennyhertz Perry, LLC was one of several experts that spoke with Business News Daily on the first steps to take if your company has been sued. Perry said that you should check the caption and service information on the lawsuit to ensure that it contains the proper entity or person associated with the issues. If this information is incorrect in any way, you may move to dismiss the action in its entirety. If it is correct, you should proceed with reviewing the allegations and put a litigation hold, or preservation order, in place. This requires the company to preserve all data that may relate to the legal action.
In early October 2014, the Federal Trade Commission (FTC) and Defendants Applied Marketing Sciences, LLC, Standard Registration Corporation, Worldwide Information Systems, Incorporated, and Liam O. Moran stipulated to an Order for Permanent Injunction and Monetary Judgment for violations of Section 5 of the FTC Act, 15 U.S.C. §45. The Complaint charged that the defendants participated in deceptive acts or practices in the advertising, marketing, promoting, offering for sale, or selling of prize promotions.
The FTC sued because the above-named defendants were running a sweepstakes in which consumers would receive personalized mailings advising that they had won a cash prize not more than $2 million, and that they needed to pay a twenty or thirty dollar fee to collect their prize. The consumers who paid the fee, mostly individuals over the age of 65, received nothing in return.
Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the Act) established the Consumer Financial Protection Bureau (CFPB) and authorizes it to supervise certain consumer financial services companies and large depository institutions and their affiliates for consumer protection purposes. The CFPB has been charged with implementing and examination for compliance with Federal consumer finance law.
The CFPB also has extensive authorities to not only investigate violations of federal consumer protection laws but also implement broad enforcement relief.
In an interview with Law360, former CFTC senior trial attorney and Kennyhertz Perry partner Braden Perry discussed the CFTC’s recent decision to take enforcement proceedings to administrative court. Citing lack of resources, the CFTC claims bringing enforcement actions in administrative courts would “allow the commission to develop its expertise and the powers given to it in 2010 by Dodd-Frank.” Perry described it as a “setback” for subjects of CFTC investigations and the lack of resources at a federally funded agency “shouldn’t be the reason for a policy change that eliminates what a defendant might see as a fair and full process.”
Braden Perry recently spoke with Law360 regarding the HFT spoofing indictment filed against Panther Energy Trading, LLC. The indictment, alleging Panther Energy designed and deployed algorithms that issued and canceled orders within milliseconds — faster than the blink of an eye but long enough to be detected by other automated trading programs that troll the markets. These actions “spoofed” the markets with enormous buy or sell orders that were canceled almost instantaneously, all to win illegal profits by manipulating the price of futures contracts. The action, according to Perry, protects high frequency traders and ensures integrity in the markets.
Kansas City, MO (May 20, 2013)- Two veteran Kansas City attorneys, John Kennyhertz and Braden Perry, are pleased to announce the formation of Kennyhertz Perry, LLC. The business, litigation, and government compliance firm represents companies and individuals in highly-regulated industries, bringing a unique mix of top law firm expertise, practical experience, and pragmatic business solutions.