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
Health Plan Considerations in the Wake of Dobbs v. Jackson Women’s Health Organization
The Bottom Line Given anticipated changes to the legal landscape, plan sponsors should review their plan documents to assess current coverage and discuss potential coverage options with ERISA counsel and with vendors (including insurers, stop-loss carriers and administrators, as applicable), and Continue Reading
Connecticut Becomes Fifth State To Pass Comprehensive State Privacy Law
The Bottom Line Connecticut is the fifth state to enact a comprehensive consumer privacy law, but it certainly will not be the last.This new law adopts many themes from previous state laws, but as we are seeing, these laws all have unique aspects and are not identical to one another. As a result, Continue Reading
Don’t Be Bamboozled by Environmental Benefit Claims
$5.5 Million FTC Settlements for Bamboo Textile and Environmental Benefit Claims Under Penalty Offense Authority The Bottom Line These settlements illustrate how the FTC intends to use its Penalty Offense Authority. Sellers of “bamboo” textile products should review product claims, and ensure Continue Reading
New York Employers Required To Notify Employees of Electronic Monitoring
The Bottom Line New York employers should review the scope of their electronic monitoring and determine which monitoring processes and activities could be covered by the new legislation.Starting May 7, 2022, employers that monitor or otherwise intercept employee phone, email and/or internet usage Continue Reading
Utah Consumer Privacy Act Joins the Growing List of Comprehensive State Privacy Laws
The Bottom Line In the absence of a new comprehensive consumer privacy law on the federal level, states continue to propose their own laws.Utah has become the fourth state in the United States to enact such a law.There are similarities, but some differences, with the new laws in California, Continue Reading
What To Consider When Launching a Cause Marketing Campaign
The Bottom Line Cause marketing campaigns are an excellent way to leverage a brand’s marketing infrastructure to make a difference in the world, especially when the campaigns benefit a cause as closely followed as the humanitarian crisis in Ukraine. By following all appropriate laws and best Continue Reading
See You at the #Oscars: Social Media Guidance for Brands and Advertisers
The Bottom Line Permission to use #Oscars this season is, no doubt, a win for brands and an exciting opportunity to join a highly watched event and social media conversation. But savvy advertisers know that posting about awards shows on social media can be a legal minefield and raises Continue Reading
Key 2022 Updates for Health and Welfare Plans
The Bottom Line Employers should carefully review and prepare for 2022 compliance modifications and new requirements, and should monitor future developments. In particular, the IRS may start more aggressively pursuing ACA penalties and taxes against employers if the good faith transitional Continue Reading
Social Media’s Potential Harms Continue To Be In the Spotlight
The Bottom Line President Biden, Congress, state attorneys general and social media users are seeking to hold social media platforms accountable for their mental health impacts on children and teens. As President Biden calls for stronger online protections for young people, companies should Continue Reading