The Bottom Line With the July 1, 2020 California Consumer Privacy Act (CCPA) enforcement date quickly approaching, the California Attorney General has yet to finalize the implementing regulations, leaving businesses uncertain about their compliance obligations under the new law. Additionally, Continue Reading
Protective Covenant Considerations in the COVID-19 Era
The Bottom Line In the current economic environment, courts may be less willing to enforce broad protective covenants that restrict former employees from accepting new job opportunities.Now is the time for employers to take a hard look at their protective covenants and make sure that they are only Continue Reading
Talent Deals and the Impact of a Pandemic: Rethinking Force Majeure
The Bottom Line The coronavirus pandemic (COVID-19) has affected nearly every facet of daily life, and has taken a heavy toll on countless industries. The advertising industry, which relies heavily on the personal services of actors, performers and other talent, is no exception. As the first Continue Reading
The Importance of Including Social Distancing in Marketing Campaigns
The Bottom Line Even after the coronavirus crisis has subsided, social distancing will have left its mark, most notably on the advertisements we watch on TV and see on the Internet. Can anyone honestly say they could watch Coca-Cola’s iconic “Hilltop” commercial now without urging the singers Continue Reading
The Paycheck Protection Program “Necessity Certification” — The Review, Safe Harbor and Potential Penalties
The Bottom Line On May 13, 2020 the Small Business Administration (the SBA) updated its guidance related to the “Necessity Certification” required to be made in connection with a Paycheck Protection Program (PPP) loan application. The Necessity Certification requires that each applicant Continue Reading
Is Change Finally Bruin’ or is it a Trojan Horse? NCAA Takes Action on Name, Image and Likeness Rights
The Bottom Line In a process that began with lawsuits led by current and former players, including former UCLA forward Ed O’Bannon, the National Collegiate Athletic Association (NCAA) announced on April 29 its recommendations for approving a framework which allows college athletes to earn money Continue Reading
Retirement Plans: Regulators Provide Relief from Certain ERISA Requirements During the COVID-19 Crisis
The Bottom Line The Notice provides valuable relief from the DOL’s enforcement of certain requirements under Title I of ERISA. However, the Notice does not affect a participant or beneficiary’s enforcement rights under ERISA.Much of the relief provides that enforcement actions will generally not be Continue Reading
Group Health Plans: Regulators Extend Deadlines During the COVID-19 Crisis
The Bottom Line The Notice provides important guidance and relief for group health plan sponsors and plan participants in light of the COVID-19 pandemic.The regulators have hit the pause button on many of the employee benefit plan timeframes during the period of the COVID-crisis.Since the guidance Continue Reading
COVID-19 May Lead to Permanent Changes to Theatrical Film Distribution
The Bottom Line With movie theaters across the country shut down, film distribution has radically changed during the COVID-19 crisis. Last week brought the first indication that some of these changes may outlast the acute public health situation. Trolls World Tour Stays Home In the Continue Reading
FTC and FDA Fight Unsubstantiated Claims That CBD Products Cure Coronavirus
The Bottom Line Numerous unscrupulous retailers are seizing on the COVID-19 crisis — and the public health fear that the overall population is experiencing — to make some wild and unsubstantiated claims about how CBD products can help cure or ward-off the novel coronavirus. Both the Federal Continue Reading