The Bottom Line With states passing comprehensive consumer privacy laws left and right, Washington is the first state to pass an aggressive privacy law focusing on consumer health data.With consent requirements to process health data and a private right of action, the Act is not one to be Continue Reading
As Federal and State Governments Take Action Against TikTok, What Should Brands and Agencies Know?
The Bottom Line In light of increased federal and state regulatory oversight, the potential reach of TikTok may begin to shrink.Brands and agencies should take steps to prepare for a government ban of TikTok Trendy social media app TikTok gained popularity during the COVID-19 pandemic and Continue Reading
New York State Department of Labor Releases Updated Model Sexual Harassment Prevention Policy and Training Guidance
The Bottom Line The New York State Department of Labor (NYSDOL) recently released its updated model sexual harassment prevention policy and training materials (including a script and slide deck, which can be found here). Having a legally compliant policy and conducting annual Continue Reading
FTC Orders The Bountiful Company to Pay $600,000 in Fines in First Case Challenging “Review Hijacking”
The Bottom Line Review hijacking can result in a misperception that consumers have reviewed and endorsed products that they have not actually used. Brands should be mindful when creating relationships between products or integrating new products or formulations onto webpages for existing Continue Reading
Key Influences on the Cannabis Market in 2023
2023 may create the harshest conditions yet for the cannabis industry. The economy was already expected to be a challenge to profitability and now turmoil in the banking sector may further distract Congress from passing meaningful marijuana banking legislation, continuing to limit access to Continue Reading
New Jersey WARN Amendments Broaden Employer Obligations
The Bottom Line Amendments to the NJ Mini-WARN Law create broader employer coverage, new definitions of “mass layoff” and “establishment,” and notice and severance requirements.New Jersey employers implementing layoffs should consult with counsel to determine whether the NJ Mini-WARN Law applies Continue Reading
Can You Back That Claim Up? FTC Sends Nearly 700 Notices About Substantiating Product Claims
The Bottom Line As the FTC appears focused on seeking monetary penalties in response to product claims, brands and marketers should ensure that their practices are lawful.While a response to a Notice of Penalty Offenses is not required by the FTC, any entity receiving such notice should conduct a Continue Reading
Faced with Increasing Pressure, Roblox Adopts New Advertising Standards
The Bottom Line Brands are restricted from showing advertising content to Roblox users under 13 years old and must use the platform’s PolicyService API to ensure only users aged 13 or older can view their advertising content.Brands should consult with legal counsel if they are unsure whether Continue Reading
What’s the Harm? Second Circuit Requires Proof of Irreparable Harm to Enjoin Restrictive Covenant Violations
The Bottom Line When companies seek a court injunction for a restrictive covenant violation, they often focus on the covenant’s enforceability. They do this by arguing that the non-compete and customer non-solicitation covenants protect legitimate business interests — and is narrowly tailored Continue Reading
Court Rules New York City’s ‘Guaranty Law’ is Unconstitutional
The Bottom Line The Guaranty Law provided protection to personal guarantors of commercial leases in New York City. However, a New York federal court decided on March 31, 2023, that the Guaranty Law violates the U.S. Constitution’s Contracts Clause.Commercial landlords and tenants in New York City Continue Reading