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FTC Announces First COPPA Action Involving Connected Toys

The Bottom Line As the first COPPA case involving connected toys, the FTC's settlement with VTech should be a reminder to all companies that they must fully comply with COPPA and must take reasonable steps to protect sensitive data, particularly any data collected from children. In addition, Continue Reading

Alert - January 11, 2018

California Enacts New Employer Requirements Effective January 1, 2018

The Bottom Line California employers should be aware of several new and expanded laws going into effect beginning January 1, 2018, relating to a ban on inquiries to candidates about their salary history or prior criminal convictions; expanding already-mandated, supervisor-level sexual harassment Continue Reading

Alert - December 19, 2017

Another Look at Sun Capital: PE Fund Faces Claims for Unfunded Pension Liability of a Portfolio Company

The Bottom Line While the court has not yet reached a decision on Trilantic’s complaint, PE firms should continue to carefully consider the structure and nature of their portfolio company investments to assess any potential exposure for pension withdrawal liability. In this post-Sun Capital time, Continue Reading

Alert - December 13, 2017

Battling the Real “Fake News”: FTC Reaches Multi-Million Dollar Settlement with Internet Marketers for False Celebrity Endorsements

The Bottom Line The FTC's settlement with the Defendants allegedly engaged in these deceptive marketing practices serves as a reminder that the parties responsible for online advertising using public figures’ names and images without authorization can be identified and stopped, and that those Continue Reading

Alert - November 30, 2017

IRS Begins Issuing ACA Penalty Notices to Employers

The Bottom Line The IRS has started enforcing penalties under the ACA, and ALEs and their staff should be on the lookout for a possible ESRP notice. If an ALE receives a notice, it should reach out to its ERISA counsel immediately and begin reviewing its IRS Forms 1094-C and 1095-C. Any ALE that Continue Reading

Alert - November 21, 2017

Appeals Court Enforces Arbitration Clause in Hyperlinked Terms & Conditions

The Bottom Line The Second Circuit’s Meyer decision reaffirms the importance of well-crafted terms and conditions for companies interacting with consumers over the Internet and via mobile apps, and that for those terms to be enforceable, access to them must be presented in a manner clear Continue Reading

Alert - November 2, 2017

SAG-AFTRA Commercials Contract Modified to Provide “Free Bargaining” as to Compensation for Low-Budget Digital Productions

The Bottom Line Effective immediately, the SAG-AFTRA Commercials Contract has been modified to include a waiver allowing for "free bargaining" of economic terms for digital productions with a budget of $50,000 and under. A mid-contract waiver of this magnitude is rare and signals a clear Continue Reading

Alert - October 24, 2017

FTC Settles with Mobile App Developer Over Unauthorized Charges

The Bottom Line The Pact case demonstrates that marketers can incur liability even when consumers affirmatively agree to be charged on a recurring basis. Unlike other negative option cases, there is no allegation here that consumers did not knowingly enter into a continuity plan – on the contrary, Continue Reading

Alert - October 17, 2017

FTC Charges Online Negative Option Marketing Scheme with Deceiving Shoppers

The Bottom Line The FTC’s complaint, and the district court’s response, highlight the continuing regulatory scrutiny into negative option marketing practices and the importance of disclosing the material terms of an offer in a clear and conspicuous manner to consumers before they pay or incur a Continue Reading

Alert - October 17, 2017

Internet Vendors Now Face New Tax Obligations in Massachusetts

The Bottom Line Internet marketers and vendors with customers in Massachusetts, Ohio and Rhode Island should pay particular attention to the new regulation and legislation that expands the tax nexus for out-of-state vendors making Internet sales in those states. Vendors should consult with a tax Continue Reading

Alert - October 5, 2017

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