The trend of states legalizing marijuana shows no signs of abating. As states continue to permit medicinal or recreational marijuana use, they are grappling with how to regulate the advertising, promotion, and marketing of marijuana products. California has finalized its own rules in these areas. Continue Reading
AdExchanger | Do Huge FTC Fines Signal a Huge Increase in Enforcement?
If the Federal Trade Commission (FTC) were a private business, it would be having a very good quarter. The FTC recently agreed to a $700 million settlement with Equifax over its massive 2017 data security breach, which exposed the personal information of nearly 150 million people. And now the Continue Reading
New York Law Journal | Tenants Beware: Your Cure Period May Not Be as Long as You Think
Tenants often successfully use a landlord’s failure to comply with notice requirements of a lease to seek dismissal of summary proceedings. See Parkchester Apts. Co. v. Walker, 1995 N.Y. Misc. LEXIS 738, at *2 (Civ. Ct. Bronx City. 1995) (dismissing non-payment petition because landlord failed to Continue Reading
International Lawyers Network’s Sexual Harassment in the Workplace | What US: Multi-State Companies Need to Know
In the wake the of the #MeToo movement, lawmakers have acted to ensure that victims of sexual harassment are not silenced. Several states have mandated employee training and policy requirements, as well as passed laws that limit or prohibit non-disclosure provisions in settlement agreements. Continue Reading
Employee Relations Law Journal | Proposed Regulations Provide Employers with More Flexibility in Offering HRAs to Employees
The Departments of Treasury, Labor, and Health and Human Services jointly issued proposed regulations (the “Proposed Regulations”) providing employers with greater flexibility in offering health reimbursement arrangements (“HRAs”) to employees. Importantly, if the Proposed Regulations are finalized Continue Reading
Law360 | Combating False Celebrity Endorsements Online
Dr. Mehmet Oz, the celebrity surgeon and television host, recently co-authored an op-ed piece for The Wall Street Journal addressing the proliferation of false celebrity ads on Facebook and how these ads are deceiving consumers and harming the reputation of the celebrities involved. Dr. Oz is not Continue Reading
Ad Club Insider | CCPA Update: Blizzard of Bills to Amend Privacy Law Moves Forward in California Assembly
The marketing industry’s head is on a swivel these days, trying to digest and prepare for various new privacy laws. None have gotten more attention than the California Consumer Privacy Act (CCPA). The California Assembly’s Committee on Privacy and Consumer Protection has approved a host of bills Continue Reading
PR Week | How PR Firms Can Avoid Killing the Attorney-Client Privilege
My prior column discussed how attorney-client privilege is an incredibly important protection that promotes full and open communications between lawyers and their clients. It’s more critical than ever that comms professionals be aware of this privilege and know how to maintain it when helping Continue Reading
Bright Ideas Journal | ReDigi and the Application of the First Sale Doctrine to Digital Works
The First Sale Doctrine, codified in section 109(a) of the Copyright Act, generally permits the owner of a lawfully made “copy” or “phonorecord” containing a copyrighted work to resell the copy or phonorecord without violating the copyright holder’s distribution right. For example, if someone Continue Reading
AdExchanger | Digital Advertising Platforms Struggle to Keep Pace with Growing Acceptance of Marijuana
Marijuana legalization is heating up across the country. As of this month, 33 states permit marijuana use for medicinal or recreational purposes, and an additional three states have decriminalized marijuana use. More states continue to eye potential legalization, with New York, New Jersey and Continue Reading