The Bottom Line The Northern District of Illinois' practical approach to analyzing whether lack of consent gives rise to actionable harm under the TCPA, and whether this issue can truly be determined on a class-wide basis, may represent a significant victory for businesses that rely heavily on Continue Reading
Behavioral Advertising Developments: A Compliance Warning and an Enforcement Action
The Bottom Line Companies engaged in IBA should pay particular attention to two recent compliance developments regarding the enhanced notice in video ads and the new cross-device guidance.As advertising retargeting methods and media continue to evolve, companies must always consider at the outset Continue Reading
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
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
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
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
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
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
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
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