Update The Department of Labor has promulgated revised rules clarifying its positions on FFCRA Leave in response to the SDNY decision discussed below. Our summary of these revisions can be found in our updated FAQs Alert, here. The Bottom Line While the DOL will likely appeal the Continue Reading
Senators Urge the FTC to Investigate “Privacy Violations” by Adtech Companies
The Bottom Line Senators Wyden and Cassidy, along with eight other members of Congress, sent a letter to Federal Trade Commission (FTC) Chairman Joseph Simmons on July 31 urging the FTC to investigate what they called “widespread privacy violations by companies in the advertising technology Continue Reading
FTC Takes Action Against Marketer for Violating the Mail Order Rule and Engaging in Deceptive Commercial Practices
The Bottom Line The Federal Trade Commission (FTC) filed a complaint against SuperGoodDeals.com, Inc. (SuperGoodDeals) and the company’s owner, Kevin Lipsitz, alleging that the defendants falsely promised next-day shipping of face masks and other personal protective equipment (PPE) during the Continue Reading
A Game of Inches: Measuring Sports Sponsorship Value and Planning for a Post-Covid World
The Bottom Line After four months of pausing operations, major sports leagues are beginning the process of restarting or resuming their seasons. As they do so, they must evaluate the state of both large and small sponsorships that span a wide range of industries. At the same time, sponsors must Continue Reading
Schrems II: The EU-US Privacy Shield Is a Thing of the Past
The Bottom Line The summer of 2020 is proving to be a busy time for privacy legislation and an exciting time for privacy enthusiasts. On the heels of the official California Consumer Privacy Act (CCPA) enforcement date on July 1st and the second anniversary of the European Continue Reading
European Commission Marks GDPR’s Second Anniversary with a Review and Possible Updates
The Bottom Line With all of the attention that’s been paid to the start of enforcement of the California Consumer Privacy Act (CCPA), it might be easy to have missed that it has been two years since the European General Data Protection Regulation (GDPR) came into effect on May 25, Continue Reading
Federal Trade Commission Proposes New “Made in the USA” Labeling Rule
The Bottom Line The Federal Trade Commission (FTC) recently issued a staff report and proposed a Made in USA Labeling Rule (Proposed Rule) in an effort to strengthen the FTC’s enforcement program and make it easier for businesses to understand and comply with the law. The Proposed Continue Reading
Supreme Court Unanimously Rules That Willfulness Is Not Required to Recover Profits
The Bottom Line The U.S. Supreme Court resolved a circuit split on April 23, 2020, by unanimously holding in Romag Fasteners, Inc. v. Fossil Group, Inc., et al. that a brand owner is not required to prove that a trademark infringer acted willfully in order for the owner to be awarded Continue Reading
Summer Camp Closures and Cancelled Enrichment Programs Allow Working Parents to Request Paid Leave from Covered Employers
The Bottom Line The Families First Coronavirus Response Act (FFCRA) requires employers with fewer than 500 employees to allow an eligible employee to take paid leave to care for a child whose school or “place of care” is closed due to COVID-19 and no other suitable person is available to care Continue Reading
Production Industry Recommends Guidelines for Returning to Work
The Bottom Line Entertainment production has resumed in California amid the COVID-19 pandemic after the Department of Public Health approved the “back to work” recommendations that an industry-wide Task Force had previously submitted to state governments. However, many of the thorniest issues, such Continue Reading