The Bottom Line Permission to use #Oscars this season is, no doubt, a win for brands and an exciting opportunity to join a highly watched event and social media conversation. But savvy advertisers know that posting about awards shows on social media can be a legal minefield and raises Continue Reading
Key 2022 Updates for Health and Welfare Plans
The Bottom Line Employers should carefully review and prepare for 2022 compliance modifications and new requirements, and should monitor future developments. In particular, the IRS may start more aggressively pursuing ACA penalties and taxes against employers if the good faith transitional Continue Reading
Social Media’s Potential Harms Continue To Be In the Spotlight
The Bottom Line President Biden, Congress, state attorneys general and social media users are seeking to hold social media platforms accountable for their mental health impacts on children and teens. As President Biden calls for stronger online protections for young people, companies should Continue Reading
The End of Forced Arbitration of Sexual Harassment Claims
Update On March 3, 2022, President Biden signed the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” into law. The law went into effect immediately upon signature. The Bottom Line At this time, when it comes to navigating the unknowns of this new Act, Continue Reading
California Privacy Protection Agency Delays Release of CPRA Regulations
The Bottom Line While businesses are eager to implement new compliance steps to meet the requirements of the CPRA and other new privacy laws, full compliance is not possible until regulators provide final rules stipulating how businesses can achieve such compliance. Therefore, businesses will Continue Reading
UK Issues New Model Clauses for International Data Transfers
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 All marketers should examine their current practices to ensure that they can comply with updated laws and guidance. We will continue to monitor compliance and enforcement trends throughout 2022. 2022 has the potential to be a major year for the advertising and Continue Reading