The Bottom Line Trick or treat? The Federal Trade Commission (FTC) staff is focused on one “trick” this spooky season: Designing user interfaces to trick or manipulate users into taking actions they would not otherwise approve of, or putting obstacles in place to discourage consumers from Continue Reading
SEC Penalizes Kim Kardashian Over $1 Million for Paid Crypto Post
The Bottom Line The Securities and Exchange Commission (SEC) settled with Kim Kardashian over allegations she violated Section 17(b) of the Securities Act (the “Act”) by publishing an Instagram post promoting the crypto-currency, EthereumMax token (EMAX), to her 250 million followers, without Continue Reading
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
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
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
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
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
New Age Targeting Requirements for Beer Advertising
The Bottom Line The Beer Institute and Brewers Association increased the advertisement targeting requirements for beer ads to 73.6% from 71.6%.In response, the beer industry – and publishers, media companies, media buying agencies and influencers – will need to retool their ad targeting and Continue Reading
New York City’s “Guaranty Law” Remains Legal — For Now
The Bottom Line The Guaranty Law, enacted on May 26, 2020, provides strong protection to personal guarantors of commercial leases in New York City.While subject to an ongoing legal challenge, the Guaranty Law currently prevents certain commercial landlords from recouping unpaid rental arrears Continue Reading
Colorado Limits Employer Use of Restrictive Covenants
The Bottom Line The Act impacts restrictive covenants entered (or renewed) on or after Aug. 10.The Act significantly alters the landscape for restrictive covenants in Colorado.Employers that have employees who live or work in Colorado should consult with legal counsel and carefully review their Continue Reading