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
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
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
Local Challenges to Automatic Renewal Programs Continue in California: Now, the Beachbody Case
The Bottom Line As the Beachbody case illustrates, businesses must clearly disclose to consumers the terms of auto-renewal programs and should obtain their express, affirmative consent before collecting any payments. Many states, as well as the federal government, have laws that address this Continue Reading
ADA Requires Online Businesses To Make Their Websites Usable By The Disabled
The Bottom Line Businesses with an online presence, and those agencies designing and building websites for businesses who sell goods and/or services online, should review their websites for ADA compliance. Companies should further explore technology available to make their websites accessible to Continue Reading