The Bottom Line Marketers and affiliate marketers of supplements, oils and similar products regulated by the FDA must be extremely cautious about referring to COVID-19 or its symptoms in marketing communications about such products. Statements that might otherwise be acceptable will likely be Continue Reading
Main Street Business Lending Program Updates
Protective Covenant Considerations in the COVID-19 Era
The Bottom Line In the current economic environment, courts may be less willing to enforce broad protective covenants that restrict former employees from accepting new job opportunities.Now is the time for employers to take a hard look at their protective covenants and make sure that they are only Continue Reading
FTC and FDA Fight Unsubstantiated Claims That CBD Products Cure Coronavirus
The Bottom Line Consumer protection regulators are taking the COVID-19 crisis very seriously.The FTC and FDA have both stepped up enforcement actions against companies making unsubstantiated claims that CBD products may help combat the disease.The FDA has issued numerous emergency warning letters Continue Reading
COVID-19: As Cases Continue to Spread, Will Court Cases Begin to Spread?
The Bottom Line As employees return to work, employers must increase precautions they take in connection with their workers’ health and safety.Companies should closely follow guidance being issued and frequently updated by the CDC, OSHA, and other agencies, to protect themselves from civil Continue Reading
Best Practices for Litigating in the Virtual World
The Bottom Line Virtual court appearances should be treated with the same approach as in person appearances.Build in a cushion for discovery deadlines to allow for delays related to collecting data remotely.Keep confidentiality and privilege top of mind in litigating virtually. Be cognizant of when Continue Reading
FTC Provides Guidance for Ed Tech Providers and Schools on Protecting Children’s Privacy while Remote Learning
The Bottom Line With many schools closed through the end of the 2019-2020 academic year, children — like many others of all ages — are rapidly finding much more of their day-to-day lives taking place online. As a result, the FTC has provided guidance for ed tech providers and schools that utilize Continue Reading
Key Considerations for Retailers in the Face of COVID-19
The Bottom Line Retailers may be rushing to adapt to the new normal and embrace an e-commerce model, but there are still a myriad of legal issues to navigate.As the world of “e-tail” becomes king — at least for now — it is more important than ever to thoroughly understand the implications of new Continue Reading
FDA Provides Temporary Flexibility on Nutrition Labeling in Response to the COVID-19 Pandemic
The Bottom Line In order to maximize food distribution and offset losses caused by disruptions to the food industry, the FDA issued guidance to provide restaurants and food manufacturers with flexibility regarding nutrition labeling so that they can sell certain packaged foods during the COVID-19 Continue Reading
How the COVID-19 Crisis Impacts Contract Obligations
The Bottom Line Businesses need to consider if fulfilling their contractual obligations is possible during the COVID-19 crisis. If performance truly is not possible, a party may be excused from performing based on the following legal doctrines:Force MajeureFrustration of purposeBecause access Continue Reading