The Bottom Line The Federal Trade Commission (FTC) recently announced a settlement with Kuuhuub Inc., the operator of an online coloring book app, along with its Finnish subsidiaries Kuu Hubb Oy and Recolor Oy, for violations of the Children’s Online Privacy Protection Act (COPPA). The FTC Continue Reading
Into the Weeds on Sen. Schumer’s Cannabis Bill
The Bottom Line The Cannabis Administration and Opportunity Act was introduced in the Senate earlier this month by Senator Chuck Schumer (D-NY). The bill would remove federal prohibitions on the manufacture, sale and possession of marijuana, and would also dramatically alter the current Continue Reading
July 1st Marks First Day of School for Student-Athletes Seeking to Exploit NIL Rights
The Bottom Line The National Collegiate Athletic Association (NCAA) has waved the white flag and surrendered on the issue of collegiate name, image and likeness (NIL) rights. This comes less than two weeks after the U.S. Supreme Court dealt a resounding blow to the NCAA on the subject of Continue Reading
Colorado Privacy Act Becomes the Third Comprehensive State Privacy Law
The Bottom Line After passing through the Colorado General Assembly, Governor Jared Polis signed the Colorado Privacy Act (CPA) into law on July 7, 2021. Colorado is now the third state in the country — following California and Virginia — to pass comprehensive privacy legislation. Companies Continue Reading
NY DOL Issues Airborne Infectious Disease Exposure Prevention Standard and Model Plan
Update On September 6, 2021, Governor Kathy Hochul announced that the New York commissioner of health has designated COVID-19 a highly contagious communicable disease that presents a serious risk of harm to the public health. This designation requires employers to implement their airborne Continue Reading
New Caselaw Sheds Light on Enforceability of No-Hire Agreements Between Companies
The Bottom Line Recent decisions signal that courts will carefully scrutinize “no-hire” and “no-poaching” agreements between companies, and that the enforceability of such agreements is not guaranteed. These agreements provide that one party will not hire — or poach — the employees of the other Continue Reading
European Commission Adopts Revisions to Standard Contractual Clauses
The Bottom Line The European Commission (Commission) issued updated Standard Contractual Clauses (SCCs) on June 4, 2021. The long-awaited announcement follows a 2020 decision by the EU’s highest court to overturn the EU-US Privacy Shield Framework (Privacy Shield), which previously allowed for Continue Reading
Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use
The Bottom Line A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programing Interfaces (APIs). The Supreme Court’s decision held that, contrary to the decision by the Continue Reading
IRS Provides Much Needed Guidance on COBRA Premium Subsidy
The Bottom Line ARPA’s COBRA subsidy presents a number of complicated administrative issues that employers, plan sponsors and administrators, and insurers alike should consider. In particular, there are a number of nuances to how the Notice may impact plan sponsors.Plan sponsors should consult with Continue Reading
“Children and Teens’ Online Privacy Protection Act” Offers Potential Changes to COPPA Requirements
The Bottom Line The newly introduced Children and Teens’ Online Privacy Protection Act (CTOPPA) is aimed at overhauling U.S. privacy rules for children’s data under the existing Children’s Online Privacy Protection Act (COPPA). The bill was proposed by Senators Edward J. Markey (D-Mass.) and Continue Reading