In today’s competitive environment, integrated communications and digital firms are on the lookout for effective ways to attract, retain and incentivize their key employees. An increasingly important component of the overall compensation package is long–term incentive arrangements. Implemented Continue Reading
Employee Relations Law Journal | To Arbitrate or Litigate Under ERISA – That Is the Question
It is common knowledge among the benefits community that there is now a flood of class action lawsuits being filed against plan fiduciaries alleging that they have breached their fiduciary duties under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). Allegations include Continue Reading
AdExchanger | New Rules for Behavioral Advertising: How The CDPA and CPRA Compare
Everyone in the ad tech industry should have January 1, 2023, highlighted and underscored—twice—on their calendars. That’s the day that both the Virginia Consumer Data Protection Act (CDPA) and the California Privacy Rights Act (CPRA) take effect, imposing new obligations on businesses engaging in Continue Reading
The Agency 100 | A Hot M&A Market for Public Relations and Integrated Marketing Firms
Last year at this time, with the uncertainty of the COVID-19 pandemic, the dealmaking environment for 2020 was unknown. The year had gotten off to a fast start, with more than 20 publicly reported M&A transactions completed by early March. However, the sudden shutdown of economies worldwide, and Continue Reading
Westlaw | Biden Administration Signals Change in Direction for Subprime Auto Regulations
Subprime auto lending and securitization is rolling as few thought possible at the start of the pandemic. The catalyst for the positivity has been the strength of the underlying auto market and collateral values. Unprecedented good times for the automobile Despite the unemployment and Continue Reading
Employee Relations Law Journal | Bostock, Section 1557, and Transgender Benefits in Self-Funded Health Plans
Historically, many benefit plans contained exclusions for gender dysphoria treatments, including gender affirmation surgery. The reasons for this exclusion may have been the result of a number of considerations, including, at a basic level, managing the costs of the plan. However, in recent years, Continue Reading
The Agency 100 | Non-Competes Come Under Attack In More Jurisdictions
A number of states have enacted restrictions on non-competes in recent years. For example, in 2018 Massachusetts passed its Noncompetition Agreement Act, which prohibited certain non-compete agreements. But only three states — California, North Dakota and Oklahoma — have imposed a total ban. Continue Reading
Westlaw | SAG-AFTRA Welcomes the Influencer
After spending a decade carving out space in the industry, influencers are now being welcomed into the SAG-AFTRA union, which is recognizing them as a unique class of “multi-talented performers whose performances should be covered by a SAG-AFTRA contract.” Social media content creators, commonly Continue Reading
The Agency 100 | States Seek to Tax Digital Advertising Revenue
The economic impact of COVID-19 cannot be understated. States have experienced significant budget shortfalls due to limited economic activity, and as a result, state legislatures are searching for ways to raise revenue. Several states are looking into ways to close the budget gap by taxing digital Continue Reading
Employee Relations Law Journal | ESG Investing by ERISA Plan Fiduciaries: The DOL Final Regulations
There has been a long, confusing trail of regulatory and sub-regulatory guidance issued by the U.S. Department of Labor (DOL) dealing with the standards that plan fiduciaries must meet when selecting socially conscientious investments for their retirement plan (i.e., so-called ESG investments). Most Continue Reading