The Bottom Line New York City employers should: (a) review and update template independent contractor agreements to ensure they comply with FIFA; (b) engage with counsel before taking action that could be perceived as retaliatory with regard to a freelancer; and (c) respond in a timely manner to Continue Reading
New Federal Law Protects Consumer Reviews of Products and Services
The Bottom Line Companies that utilize form contracts, including online terms and conditions, to try to prevent consumers from posting negative reviews about its products, services or conduct, should review their contracts immediately to ensure that they are in compliance with the new law and Continue Reading
Claims Against Navient Echo Problems with Subprime Mortgage Loan Servicers
The Bottom Line The allegations in the recent CFPB action against Navient are reminiscent of the abusive tactics that the CFPB alleged subprime mortgage servicers employed against struggling borrowers, which ultimately led to record-setting settlements. Unlike mortgage loan servicers that have had Continue Reading
$500 Million Oculus Verdict Highlights Litigation Risks for Emerging Tech Companies
The Bottom Line Companies developing – or seeking to acquire – new technology must take every precaution to limit their risks before litigation is on the horizon. The full extent and scope of those risks is often not clear without careful analysis. Working with counsel every step of the way can Continue Reading
NAD Action Requiring the Kardashians and Fit Tea to Disclose Their Connections in Social Media Posts
The Bottom Line This NAD case should serve as a reminder that influencers and other endorsers must disclose their material connections on Twitter, Instagram and other social media platforms. This is particularly important when the influencers are well-known celebrities as consumers are likely to Continue Reading
FTC’s New Staff Report Applies Privacy Principles to Cross-Device Tracking
The Bottom Line Between the new FTC guidance and pending DAA enforcement, cross-device tracking is an issue that promises to be of increasing importance for the online advertising industry as the year progresses. Publishers, ad tech companies, advertisers, agencies and other members of the Continue Reading
California Alleges Four of the Largest U.S. Retailers Engage in ‘False Reference Pricing’
The Bottom Line The California actions highlight the importance of ensuring accurate pricing statements are presented in print and online ads. That these suits were filed in California is not particularly surprising, given the state’s history of aggressive protection of consumers, and suggests Continue Reading
Recent Actions Against Navient May Expose Problems Contributing to the Student Loan Debt Crisis
The Bottom Line It is uncertain how the Trump administration will deal with the student loan problem. On the one hand, his negative views of the current head of the CFPB and even regulation generally are well documented. But on the other hand, he has proposed more borrower-favorable income-based Continue Reading
Legal Marijuana: What You Need to Know to Legally Advertise to This Budding Economy
The Bottom Line Marketers, producers and their agencies should be aware of the variety of state and federal legal issues presented by marijuana advertising, packaging and sale. And of course, any substantial policy changes from the incoming Trump administration could have a dramatic impact on the Continue Reading
New Law Allows Small Employers to Offer Standalone HRAs
The Bottom Line Small employers can now use HRAs to fund their employee’s health insurance premium costs. However, it is unclear at this time whether this option will be attractive to small employers or if it will be eclipsed by other anticipated changes to the ACA. On December 13, 2016, Continue Reading