The Bottom Line The Supreme Court has found that the Federal Trade Commission (FTC) can no longer rely on Section 13(b) of the Federal Trade Commission Act (FTC Act) in order to seek monetary penalties for violations of Section 5 of the FTC Act for “unfair methods of competition” and “unfair or Continue Reading
Marijuana Legalization Has Other States Green with Envy
The Bottom Line New York became the 15th state to legalize recreational marijuana this March, following the lead of New Jersey and three other states where voters approved legalizing recreational marijuana this past November. In a year where states are seeking tax revenue wherever they can get Continue Reading
Washington, D.C. Bans Non-Compete Agreements
The Bottom Line Washington, D.C. passed the Ban on Non-Compete Agreements Amendment Act (the Act) on March 16, 2021, which broadly prohibits non-compete agreements and restrictions on moonlighting. Non-compete and anti-moonlighting agreements entered into with D.C. employees after this law Continue Reading
Keeping the Faith…less Servant Doctrine Alive
The Bottom Line New York employees have a (legal) duty of loyalty to their employers – under the state’s faithless servant doctrine, a court may require an employee to return compensation received from their employer during any period when the employee was disloyal. A recent decision by the Continue Reading
Additional Tax Credits to Employers Who Extend FFCRA Benefits Through September 2021
The Bottom Line The American Rescue Plan Act of 2021 (ARPA), signed into law by President Biden on March 11, 2021, included a voluntary extension of the Families First Coronavirus Response Act (FFCRA). The extension allows eligible employers to continue to receive tax credits for Continue Reading
Taxing Digital Advertisements Face Stiff Legal Challenges
The Bottom Line The economic impact of COVID-19 cannot be understated; one impact has been to local and state budgets. States have experienced significant budget shortfalls due to limited economic activity and, as a result, state legislatures are searching for ways to raise revenue in order to Continue Reading
Apple Makes Big Changes to Its Tracking System
The Bottom Line With the launch of iOS 14.5 slated for next week, Apple’s long-awaited changes to the use of its persistent identifier known as the “Identifier for Advertisers” (IDFA) have now gone into effect. While this change has been explained by Apple as a step to protect its users’ Continue Reading
ViacomCBS Issues Advertising Guidelines for Its Adult Directed Networks
The Bottom Line ViacomCBS (VCBS) has recently issued its “Advertising Guidelines” for its adult-directed linear channels and digital properties, making these its first published guidelines since that merger. Guidelines are not frequently updated, and the creation of a brand new set, created Continue Reading
SAG-AFTRA Welcomes the Influencer
The Bottom Line After spending a decade carving out space in the industry, influencers are now being welcomed into the SAG-AFTRA union, which is recognizing them as a unique class of “multi-talented performers whose performances should be covered by a SAG-AFTRA contract.” Social media Continue Reading
Supreme Court Narrows Definition of Autodialer in Facebook Ruling
The Bottom Line The U.S. Supreme Court released its eagerly anticipated decision in Facebook Inc. v. Duguid yesterday, narrowly construing the definition of an automatic telephone dialing system, or autodialer, under the Telephone Consumer Protection Act (TCPA) and resolving the Continue Reading