The Bottom Line Recent decisions from the First Circuit reign in consumers' ability to bring actions alleging false advertising in retailers' "Compare At" pricing, unless a consumer can demonstrate actual, identifiable harm separate from the mere purchase of a good in order to claim damages. Continue Reading
FTC Brings First Ever Enforcement Action Against Individual Social Media Influencers; Updates Warnings and Guidance for Influencers and Marketers
The Bottom Line The FTC’s action against Martin and Cassell and the new round of FTC warning letters make clear that the FTC will bring actions against influencers who violate the Endorsement Guides. Consequently, all parties involved in influencer marketing, from marketers, agencies, influencer Continue Reading
Possibility Defeats Practicality: Federal Court of Appeals Limits Class Action Defense Regarding Infeasibility of Ascertaining Class Members
The Bottom Line Given the split among several courts of appeal, Petrobras will not be the last word on ascertainability in class action suits. Indeed, this fall, the U.S. Supreme Court will consider a petition for certiorari regarding the certification of a plaintiff class allegedly lacking Continue Reading
Two Recent Court Rulings Signal Important Developments in ERISA Excessive Fee Litigation
The Bottom Line The recent decisions in Wells Fargo and Chevron offer plan sponsors and fiduciaries some guidance with respect to defending against ERISA fee litigation. Plan sponsors and fiduciaries need to continue to ensure that they engage in a deliberative and Continue Reading
New York State Adopts Final Paid Family Leave Regulations
The Bottom Line Employers should review their existing family and medical leave policies and handbooks to ensure that the specifics of PFL are included by January 1, 2018.Employers should also contact their disability insurance providers to discuss a PFL rider. On July 19, 2017, the New York Continue Reading
FTC Reviews Rules, including CAN-SPAM, to Keep Pace with Changing Times
The Bottom Line The FTC has announced its plans to review the Picture Tube Rule, the Textile Rules, the Energy Labeling Rule and the CAN-SPAM Rule. These rules aim to protect consumers while promoting healthy competition between businesses. The FTC's regulatory review is part of its ongoing effort Continue Reading
Instagram Adds Paid Partnership Tool for Transparency
The Bottom Line The new Instagram branded content tool is intended to provide greater transparency in the social media space by disclosing relationships between influencers and brands.Implementing this tool appears to be Instagram’s response to the FTC’s growing concern about paid endorsements on Continue Reading
Big Changes to Canada’s Anti-Spam Law Effective July 1
The Bottom Line Although advertisers may not have to be concerned with private lawsuits at this time, they still must comply with CASL — and the Canadian Radio-television and Telecommunications Commission retains the authority to enforce the law, and has been actively doing so for the past three Continue Reading
Beginning July 1, 2017, Chicago and Cook County Employers Must Provide Paid Sick Leave
The Bottom Line Employers with workers in Chicago and/or Cook County should review their existing paid sick leave and paid time off policies to ensure compliance with the applicable Ordinance(s) and begin preparing to comply with their accrual, carryover and notice obligations by July 1, 2017 if no Continue Reading
Will WGA/DGA “Pattern” Head Off Potential Hollywood Strike As SAG-AFTRA Approaches Deadline For New CBA?
The Bottom Line Although early signs indicate that SAG-AFTRA and the AMPTP should be able to reach a new collective bargaining agreement relatively smoothly, if the union determines that the new media environment requires substantial changes specific to actors’ needs, Hollywood could be in for the Continue Reading