The Bottom Line 2022 has the potential to be a major year for the advertising and marketing industry — new laws and guidance are going into effect, the Federal Trade Commission (FTC) is reviewing various guides, and new enforcement priorities have emerged. We expect that a number of trends Continue Reading
Kim Kardashian and Floyd Mayweather Sued Over Cryptocurrency Promotions
The Bottom Line Cryptocurrency companies are subject to various federal laws and may be regulated by a number of federal agencies, including the Securities and Exchange Commission. Though the cryptocurrency market has matured in recent years, there are still plenty of risks, and agencies, media Continue Reading
Plan Coverage of At-Home COVID-19 Testing
The Bottom Line Effective January 15, 2022, plan coverage of FDA-approved over-the-counter at-home COVID-19 diagnostic tests is mandatory. Plan sponsors should immediately contact their pharmacy benefit managers to set up mechanisms for direct coverage of at-home tests.If any questions Continue Reading
New York Whistleblower Statute Amended to Significantly Expand Worker Protections
New York Governor Kathy Hochul signed Senate Bill S4394A on October 28, 2021, significantly expanding protections under New York’s whistleblower statute, New York Labor Law Section 740. Section 740 previously prohibited New York employers from retaliating against employees who disclosed or Continue Reading
The Top 5 Privacy Issues to Watch for in 2022
The Bottom Line While every year brings new complexities to privacy law compliance, 2022 is poised to be a very impactful year.With three new U.S. state laws going into effect in 2023 and additional developments in Europe, companies may need to update their privacy programs, policies, and Continue Reading
Illinois Takes Steps to Limit Employer Use of Restrictive Covenants
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