The Bottom Line The Mission Product decision should resolve uncertainty created by the circuit split between the First Circuit and Seventh Circuit decisions. The Supreme Court’s ruling should also reassure trademark licensees that should their licensor end up in bankruptcy, absent contract terms Continue Reading
American Gaming Association Hedges Its Bets with Responsible Marketing Code for Sports Wagering
The Bottom Line The AGA Code represents a tentative first step by the AGA to impose a self-regulatory framework on an exploding sports betting industry. Whether it will be sufficient to ward off government oversight remains to be seen, but some key concerns remain:Age protections are looser than Continue Reading
FDA Public Hearing on the Use of Cannabis and Cannabis-Derived Compounds in Food and Dietary Supplements
The Bottom Line The FDA is in uncharted territory and has requested additional safety data to assess whether CBD and other cannabis-derived compounds can be safely added to food and dietary supplements.The industry believes that CBD has the potential for significant health benefits, but is open Continue Reading
Massachusetts Issues Revised Regulations and Agency Guidance in Preparation for Paid Family and Medical Leave Law Taking Effect
Update as of June 17, 2019 Massachusetts lawmakers have extended by three months the implementation date for the Massachusetts Paid Family and Medical Leave (PFML) program. The start date for required payroll withholdings has been extended to October 1, 2019 (a three month delay from the Continue Reading
IRS Reopens Its Determination Letter Program to Cash Balance Plans and Merged Plans
The Bottom Line Under the IRS’ expanded determination letter program, plan sponsors of statutory hybrid plans (e.g., cash balance plans) may now submit an application for a favorable determination letter for a 12-month period beginning September 1, 2019. Additionally, all retirement plans that Continue Reading
New York Manual Workers Who Are Not Paid Weekly Can Bring an Action for Damages
The Bottom Line New York employers should review and assess their pay practices in light of the recent interpretation of New York Labor Law’s frequency of pay requirements. Violation of the frequency of pay requirements may result in significantly monetary liability for liquidated damages, Continue Reading
Two Websites Settle FTC Allegations That They Failed to Secure Consumer Data
The Bottom Line The security of consumer data is an important priority for the FTC and has become even more important in recent years, particularly when such data is subject to attacks by malicious third parties. The FTC emphasized that both settlements contained “new requirements” going beyond Continue Reading
FTC and FDA Target Advertising of CBD Health Claims
The Bottom Line The legalization of hemp is a major step in establishing a potentially significant new industry. However, producers and marketers need to exercise caution when making health-related claims in connection with hemp-based product. The FTC and FDA will continue to aggressively review Continue Reading
EEOC Requires Employers to Collect and Submit Pay Data by September 30, 2019
Update The EEOC announced in September 2019 that it will not be collecting Component 2 data (i.e., pay and hours data) for the EEO-1 report after 2019, citing the administrative and financial burden on employers in complying with the requirement. The EEOC will continue its annual collection of Continue Reading
FTC Settlement Over Charges of Misleading Consumer Reviews and Deceptive Negative Option Marketing Practices
The Bottom Line The FTC continues to take action where it finds that marketers are engaging in misleading incentivized product review practices or enrolling customers in deceptive “free trial” negative option plans without providing the appropriate disclosures and obtaining the consumer’s Continue Reading