The Bottom Line Vermont’s law governing data brokers takes effect in a few days.If you think you are a data broker who falls within the law, now is the time to take all steps necessary to comply. With only days to go before Vermont’s data broker regulation law takes effect, the Vermont Continue Reading
New York Attorney General Reaches Record COPPA Settlement with AOL
The Bottom Line The AOL settlement – which requires AOL to pay the largest COPPA penalty ever to date — is the most recent instance in which the New York Attorney General’s Office has sought to enforce COPPA. While most ad tech industry members have long known that behavioral advertising cannot be Continue Reading
FTC Brings Action Against PR Agency and Publisher For Misleading Online Endorsements and Deceptively Formatted Advertising
The Bottom Line The FTC is, once again, making it clear that all involved parties have a duty to comply with the FTC’s rules regarding paid endorsements and native advertising practices — and that it is equally willing to take action against agencies and publishers when they violate these rules. Continue Reading
1-800 Contacts Unlawfully Restricted Competitors’ Trademark Use In Search Engine Marketing
The Bottom Line The FTC has made clear that some common online advertising methods, such as bidding on a competitor’s trademark in search engine marketing, may not always be contracted away, especially when they result in restricting consumers’ access to competitive pricing information. Parties Continue Reading
New Law Creates Data Breach Safe Harbor for Companies With Written Security Programs
The Bottom Line While there are more laws that require companies to implement reasonable security practices, the Act is the first U.S. law that provides this type of safe harbor to companies that do so. Therefore, every company should implement a comprehensive written information security program, Continue Reading
California Employers Required to Provide Sexual Harassment Prevention Training to All Employees by January 1, 2020
Update as of September 2019 The Bottom Line In further statutory recognition of the #MeToo movement, California — like New York — has implemented more stringent training requirements for employers. On September 30, 2018, California passed SB 1343, a bill requiring all California Continue Reading
When Does “Copying” a Photograph of a Building Constitute Copyright Infringement?
The Bottom Line Companies that use pre-existing photographs of buildings for reference in advertising or other materials may subject themselves to copyright infringement lawsuits. Even though there is generally no copyright protection for a building itself, there may be protection for a rendering Continue Reading
President Trump Signs the Music Modernization Act Into Law
The Bottom Line The Music Modernization Act is getting a lot of press, and for good reason: it is one of the most significant updates to music law in decades. While the impact of the MMA will primarily be felt by DSPs, artists and songwriters, the creation of the Mechanical Licensing Collective and Continue Reading
Beginning October 29, 2018, New Jersey Employers Must Provide Paid Sick Leave
The Bottom Line On October 29, 2018, New Jersey employers will be required to provide eligible employees with up to 40 hours of paid sick leave per year under the New Jersey Paid Sick Leave Act (the Act). The Act, which preempts all New Jersey sick leave ordinances, follows the trend Continue Reading
New York City Law Requiring “Cooperative Dialogue” for Reasonable Accommodation Requests Goes into Effect on October 15, 2018
The Bottom Line New York City employers should act quickly to ensure compliance with new laws that expand employee reasonable accommodation and disability rights. At a minimum, employers should update employee handbooks to: (1) explain the procedures that eligible employees should follow when Continue Reading