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California Issues Second Draft of CPRA Regulations

The Bottom Line California has released a second version of draft regulations for the CPRA, a mere 10 weeks before the law is to take effect.This latest draft has changes that are both beneficial to businesses and increase the complexities of compliance.Given the fact that the regulations have Continue Reading

Alert, Maintaining Your Competitive Advantage with Proactive Privacy and Data Protection Strategies - October 27, 2022

U.S. Department of Labor Proposes New Rule on Independent Contractor Status

The Bottom Line The U.S. Department of Labor has proposed a new rule addressing the distinction between employees and independent contractors under the Fair Labor Standards Act.If adopted, it will replace the rule announced by the DOL in January 2021 and will be more focused on the “totality of Continue Reading

Alert - October 25, 2022

Colorado Privacy Act Draft Rules Issued

Update The Colorado Attorney General's Office released revised rules on December 21, 2022. Please refer to our alert covering the significant changes to the proposed rules. The Bottom Line The Colorado Attorney General’s Office has publicly committed to try to harmonize its consumer Continue Reading

Alert, Maintaining Your Competitive Advantage with Proactive Privacy and Data Protection Strategies - October 20, 2022

FTC Staff Report Brings Dark Patterns to Light

The Bottom Line Dark patterns continue to be an area of focus for the FTC.In the absence of new laws at the federal level, the FTC will use its ability to bring enforcement actions to stop dark patterns that they deem deceptive or unfair.Companies should review design techniques and ensure that Continue Reading

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing, The Fine Print: Stay in Compliance without Losing Your Edge - October 12, 2022

SEC Penalizes Kim Kardashian Over $1 Million for Paid Crypto Post

The Bottom Line The SEC has issued repeated warnings that it will aggressively enforce Section 17(b) of the Securities Act against influencers who fail to disclose the nature, scope and amount of compensation received in exchange for their sponsored posts.This case serves as a reminder that Continue Reading

Alert, Are Your Influencers Putting You at Risk?, Exploring the Metaverse and Web 3.0 – More than Crypto and NFTs, The Fine Print: Stay in Compliance without Losing Your Edge - October 11, 2022

New York City and California Pay Transparency Laws: What Employers Need to Know

The Bottom Line New York City’s pay transparency law will require employers to include salary ranges in job postings beginning on November 1, 2022.California employers will also be required to disclose this information effective January 1, 2023.Employers should promptly review their internal Continue Reading

Alert - October 6, 2022

How to Handle ADA Website Accessibility Claims

The Bottom Line When faced with an ADA website accessibility claim, there are defenses that can be raised, either with the court or as part of settlement negotiations.Companies should carefully review any such claim, particularly the allegations concerning whether the plaintiff visited the Continue Reading

Alert - September 23, 2022

California Governor Signs Age-Appropriate Design Code into Law

The Bottom Line For the first time, a state has enacted a bipartisan law that imposes monetary fines on companies that violate children’s privacy or jeopardize the online safety of minors under age 18. The Act requires businesses to reevaluate their privacy practices related to children and Continue Reading

Alert, Maintaining Your Competitive Advantage with Proactive Privacy and Data Protection Strategies - September 16, 2022

Washington, D.C. Rolls Back Proposed Ban on Non-Compete Agreements

The Bottom Line Washington, D.C.’s amended law banning non-compete agreements contains an exception for highly compensated employees and no longer outright bans anti-moonlighting provisions in all instances. Employers should be mindful of the total annual compensation awarded to employees in Continue Reading

Alert - September 14, 2022

First CCPA Enforcement Action’s $1.2 Million Fine to Sephora is a Wakeup Call for the Ad Tech Industry

The Bottom Line The first substantial CCPA enforcement action should be a wakeup call for the advertising industry. California is aggressively policing the industry and looking closely at the third-party tracking mechanisms used on sites. With the CPRA just around the corner, more Continue Reading

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing, Maintaining Your Competitive Advantage with Proactive Privacy and Data Protection Strategies, The Fine Print: Stay in Compliance without Losing Your Edge - August 30, 2022

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