The Bottom Line As a result of Brexit, the UK has introduced its own new documents to govern certain cross-border transfers of personal data.Businesses need to be aware of the similarities and differences between the EU and UK approaches. After Brexit took effect last year, the United Continue Reading
Zero Stars: FTC and NAD Will Not Permit Consumer Review Suppression
The Bottom Line The FTC’s guidance for marketers, online retailers and review platforms emphasizes the need for truthfulness in the collection, moderation and publication of consumer reviews.“Suppression” of negative reviews may qualify as a deceptive practice and alleged “suppressors” could face Continue Reading
NCAA Adopts New Constitution and Pursues NIL Violations
The Bottom Line The NCAA’s revised constitution pushes governing authority down to its divisions, conferences and schools. The NCAA’s definition of amateurism has been simplified but leaves unresolved questions for student-athletes and sponsors. Team-wide NIL are the initial target of Continue Reading
EU Regulators Rule Ad Tech Industry’s TCF Framework Violates GDPR
The Bottom Line The EU’s decision has struck at the heart of the ad tech industry’s system designed to ensure compliance with the GDPR when personal data is collected for retargeting. The program behind the scenes when an EU data subject sees a cookie banner may require significant Continue Reading
The Top 10 Advertising and Marketing Issues to Watch for in 2022
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