The Bottom Line Illinois recently passed Public Act 102-0358 (the Act), which addresses the enforceability of non-compete and employee and customer non-solicit agreements entered into on or after January 1, 2022. While the Act codifies certain pre-existing case law regarding the Continue Reading
California Expands Restrictions on Employers’ Use of Non-Disclosure Provisions
The Bottom Line California Governor Gavin Newsom recently signed into law SB-331, which imposes restrictions on the non-disclosure and non-disparagement provisions that employers can include in agreements with employees. While California law already included restrictions on such Continue Reading
New Requirements for NYC Employers as Omicron Spreads
Update On December 15, 2021, the New York City Health Commissioner issued a Workplace Vaccination Order explaining the City’s vaccination mandate for private businesses. Additional information on the new requirements can be found on the NYC Health Department website and in FAQs. The Continue Reading
You Can Believe It’s Not Butter: NY Judges Dismiss “Butter” Class Actions
The Bottom Line Two federal judges in New York City have dismissed putative consumer class actions alleging deceptive marketing in connection with snacks and baked goods. The judges held that a reasonable consumer would understand that the products’ use of “butter” in their names, when viewed Continue Reading
OSHA COVID-19 Vaccination and Testing Rules for Large Employers are Paused by Legal Challenges
The Bottom Line The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) published a new emergency temporary standard (the ETS) regarding COVID-19 on November 5, 2021. This Alert discusses the requirements of the ETS and some of the legal challenges that have led Continue Reading
New Jersey Not All-In on College Sports Betting Yet
The Bottom Line New Jersey bettors will have to wait a little longer before than can place a wager on their hometown college teams as voters rejected a November ballot measure that would have greatly expanded betting on college sports in the state. A Constitutional Concern New Jersey Continue Reading
Heightened California Compliance Obligations for Cosmetic Companies on the Horizon
Bottom Line Companies and individuals who manufacture or market cosmetics in California will soon be subject to heightened reporting obligations under the recently-enacted California Fragrance and Flavor Ingredient Right to Know Act. Regulatory Landscape By way of background, the Continue Reading
FTC To Focus on Subscription Services — Hints at Taking Action Against “Dark Patterns”
The Bottom Line The FTC has issued a new Enforcement Policy Statement Regarding Negative Option Marketing (Policy Statement), generally warning companies about their compliance obligations relating to negative option programs and against using website design features to deceive consumers into Continue Reading
California Law Restricts Recyclability Claims
The Bottom Line The recently signed California Senate Bill 343 prohibits use of the “chasing arrows” recyclable symbol, or any other symbol or statement indicating that a product or packaging is recyclable, in California, unless the product is recyclable in accordance with certain Continue Reading
CCPA Enforcement Priorities Include Loyalty and Rewards Programs
The Bottom Line The California Attorney General continues to bring enforcement actions relating to the California Consumer Privacy Act (CCPA). While advertisers and marketers have generally focused on CCPA compliance with respect to privacy practices, it is important to highlight a marketing Continue Reading