The Bottom Line The Federal Trade Commission (FTC) put more than 1,100 companies offering money-making opportunities on notice that they could incur civil penalties of up to $43,792 per violation for making false and misleading claims regarding potential earnings. This is the latest instance Continue Reading
FTC Sends Notices of Penalty Offense to More Than 700 Companies
The Bottom Line The FTC continues to explore its myriad of enforcement options, most recently by using its Penalty Offense Authority under Section 5 of the Federal Trade Commission Act (FTC Act) to put more than 700 companies on notice that they could incur significant civil penalties (up to Continue Reading
Court Enforces Arbitration Clause in In-Home Services App Agreement
The Bottom Line A federal Court of Appeals has once again affirmed the enforceability of an arbitration clause in a mobile application’s contractual terms. The Boston, Massachusetts appellate court held that an app user who clicked “Accept” on a screen referencing and displaying at least Continue Reading
New California CBD Law Highlights the Federal / State Regulatory Divide
The Bottom Line California’s newly passed Assembly Bill 45 now explicitly permits cannabidiol (CBD) to be included in food and dietary supplement products and creates advertising and labeling restrictions. This is a stark departure from the California Department of Public Health’s prior Continue Reading
Key Considerations for Cannabis Borrowers
The Bottom Line For cannabis-related entities in need of financing, there a limited number of options compared to the general market. As the industry grows, and demand for funds to support this growth potentially outstrips the supply of financiers willing to enter the space, the burden Continue Reading
Cybersecurity and Privacy Risks Rise with Remote Workforce
The Bottom Line With striking speed, the coronavirus pushed much of the U.S. workforce to a remote environment. Even as businesses and cities reopen, this remote work trend is likely to continue for the foreseeable future. As an unwelcome consequence, many are now exposed to a whole Continue Reading
SAG-AFTRA and JPC Allow for Mandatory Vaccine Policies on Production Sets
The Bottom Line The Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) and the Joint Policy Committee (JPC) announced an addendum to their COVID-19 Commercial Production Safety and Testing Protocol Agreement of April 16, 2021 (COVID-19 Safety Protocol Continue Reading
IRS Updates Employee Plans Compliance Resolution System
The Bottom Line The Internal Revenue Service (IRS) issued in its Revenue Procedure 2021-30 an update to its Employee Plans Compliance Resolution System (EPCRS) on July 16, 2021, revising its correction programs for qualified retirement plans. The new guidance generally replaces and Continue Reading
Amendments Expanding NYC’S “Ban-the-Box” Law Take Effect on July 29
Update The New York City Commission on Human Rights (NYCCHR) has issued a Legal Enforcement Guidance and Frequently Asked Questions About New York City’s Employment Protections Based on Criminal History. These publications provide additional guidance to employers on the new Fair Chance Act (FCA) Continue Reading
CARU Releases Revised Children’s Advertising Guidelines
The Bottom Line The Children’s Advertising Review Unit (CARU) recently released its revised self-regulatory guidelines for responsible advertising to children (the Revised Guidelines). The Revised Guidelines go into effect on January 1, 2022 and address the new media formats directed to Continue Reading