The Bottom Line The First Circuit’s Emmanuel decision reaffirms yet again the importance of well-crafted terms and conditions for companies interacting with consumers over the Internet and via mobile apps.Terms must be presented in a clear and conspicuous manner to give users reasonable notice of Continue Reading
New California CBD Law Highlights the Federal / State Regulatory Divide
The Bottom Line Assembly Bill 45 in California now permits food and dietary supplement products to include CBD.The differing approaches by the California and federal governments highlights the complicated regulatory environment for ingestible CBD products.Brands, agencies and media companies Continue Reading
Key Considerations for Cannabis Borrowers
The Bottom Line Cannabis-related businesses face particular hurdles when seeking financing, but preparation and proper expectations can overcome them. A borrower’s ability to communicate knowledgably with a potential lender about its business and the cannabis marketplace and anticipate Continue Reading
Cybersecurity and Privacy Risks Rise with Remote Workforce
The Bottom Line It is important for businesses to address their cybersecurity and other risks they face with a remote workforce since remote work is likely here to stay in one form or another.Employers must stay vigilant and not become complacent as time goes on, as well as maintain regular Continue Reading
SAG-AFTRA and JPC Allow for Mandatory Vaccine Policies on Production Sets
The Bottom Line Agencies and advertisers producing commercials under SAG-AFTRA may require mandatory vaccination for talent, subject to compliance with union protocols.Virtual auditions must be made available when an audition location requires proof of vaccination in order to enter.SAG-AFTRA’s Continue Reading
IRS Updates Employee Plans Compliance Resolution System
The Bottom Line IRS revisions to the EPCRS may be beneficial to qualified plans and participants, and may affect how plans resolve issues and/or avoid significant tax penalties.Plan sponsors and administrators should consult with ERISA counsel regarding any errors, as corrective options under the Continue Reading
Amendments Expanding NYC’S “Ban-the-Box” Law Take Effect on July 29
The Bottom Line The Amendments to the FCA will expand the reach of New York City’s existing ban-the-box law.Employers should review and consider revising their hiring and employment practices before the Amendments take effect on July 29, 2021, and be on alert for additional guidance.Employers that Continue Reading
CARU Releases Revised Children’s Advertising Guidelines
The Bottom Line The FTC has made clear that some common online advertising methods, such as bidding on a competitor's trademark in search engine marketing, may not always be contracted away, especially when they result in restricting consumers' access to competitive pricing information.Parties to Continue Reading
FTC Dings Coloring Book App for Drawing Outside COPPA Privacy Lines
The Bottom Line Even if part of an online service is directed to children, providers must comply with COPPA by sending notice and obtaining parental/guardian consent before collecting any personal information from children under 13 years of age.Operators of apps and online services that are Continue Reading
Into the Weeds on Sen. Schumer’s Cannabis Bill
The Bottom Line The cannabis industry has been hoping for action on the federal level to resolve the significant divide between state and federal law.While the proposed Cannabis Administration and Opportunity Act would resolve the conflict favorably for the industry and legalize recreational Continue Reading