The Bottom Line The Guaranty Law, enacted on May 26, 2020, provides strong protection to personal guarantors of commercial leases in New York City.While subject to an ongoing legal challenge, the Guaranty Law currently prevents certain commercial landlords from recouping unpaid rental arrears Continue Reading
Colorado Limits Employer Use of Restrictive Covenants
The Bottom Line The Act impacts restrictive covenants entered (or renewed) on or after Aug. 10.The Act significantly alters the landscape for restrictive covenants in Colorado.Employers that have employees who live or work in Colorado should consult with legal counsel and carefully review their Continue Reading
California’s Amended Automatic Renewal Law Takes Effect July 1, 2022: What Subscription-Based Companies Need to Know
The Bottom Line Starting July 1, California’s amended automatic renewal law will become effective.The amended law includes additional notice and cancellation requirements for both free trials and automatically renewing plans, as well as an emphasis on affording consumers an “immediate” means of Continue Reading
Update: Health Plan Considerations in the Wake of Dobbs v. Jackson Women’s Health Organization
Update This alert originally published on May 16, 2022, has been updated in light of the Supreme Court decision made on June 24, 2022, which overturned Roe v. Wade. The Bottom Line Given Roe v. Wade being overturned, plan sponsors should review their plan documents to assess current Continue Reading
NCAA Takes Aim At Booster-backed “Collectives” and Their NIL Deals
The Bottom Line The rise of NIL collectives has dramatically reshaped the college recruiting landscape. The NCAA’s revised booster guidance is aimed at limiting the power and influence of NIL collectives and could very well lead to renewed litigation. Marketers and sponsors considering Continue Reading
FTC Seeks Public Comment on Updating its Guidance on Preventing Digital Deception
The Bottom Line The FTC is revising its Dot Com Disclosure Guides to address dark patterns and other forms of digital deception. The FTC plans to crack down on deceptive disclosures and other forms of digital deception; marketers should review their online disclosure practices to ensure they are Continue Reading
FTC to “Crack Down” on Ed Tech’s Use of Children’s Data
The Bottom Line The FTC is fully committed to cracking down on companies that illegally surveil children learning online.Companies should follow best practices to avoid fines that could reach millions for violating children’s privacy. The Federal Trade Commission (FTC) unanimously approved a Continue Reading
How the New 2022 SAG-AFTRA Commercials Contract Affects Performers and Advertisers
The Bottom Line The 2022 Commercials Contract increases session, usage, and pension & health fees, but by the lowest incremental amount in over a decade. Fee caps, a simplified compensation structure and unlimited editing rights balance out these increases by offering savings in other areas Continue Reading
Draft CPRA Regulations Issued by the California Privacy Protection Agency
The Bottom Line The proposed Regulations include many changes and clarifications to aspects of the CPRA, including, but not limited to: the selling or sharing of consumer personal information to third parties; consumer notice and privacy policy requirements; recognition of opt-out preference Continue Reading
FTC Seeks Public Comment on Proposed Updates to Endorsement Guides
The Bottom Line FTC guidance continues to evolve as new forms of marketing gain popularity. Companies should do all they can to align their endorsement practices with the FTC’s proposed guidance — including with regard to social media, influencers and consumer reviews. Interested Continue Reading