6th Edition: Trends in Marketing Communications Law It can be easy to focus solely on the Federal Trade Commission (FTC) when evaluating the regulatory landscape for advertising and marketing practices. But with the FTC still ramping up its new commissioners, who were sworn in between May and Continue Reading
After 20 Years, COPPA Shows No Signs of Slowing Down
6th Edition: Trends in Marketing Communications Law Last year marked 20 years since Congress passed the Children’s Online Privacy Protection Act (COPPA). Fittingly, the Federal Trade Commission (FTC) kicked off 2018 by settling two back-to-back cases with companies alleged to have violated COPPA. Continue Reading
New York State Legislation Significantly Expands Workplace Harassment Protections
The Bottom Line New York State’s new legislation will provide workers with significantly expanded protections against workplace harassment, including a lower standard for asserting — and prevailing — on harassment claims and the availability of punitive damages and attorneys’ fees for successful Continue Reading
Nevada Updates Privacy Law While New York Gets Ready
The Bottom Line California may have been the first to enact a comprehensive privacy law, but Nevada will be the first new law to become effective and will certainly not be the last. As evidenced by the updated Nevada law and the proposed New York law, companies may have to comply with Continue Reading
New York Manual Workers Who Are Not Paid Weekly Can Bring an Action for Damages
The Bottom Line New York employers should review and assess their pay practices in light of the recent interpretation of New York Labor Law’s frequency of pay requirements. Violation of the frequency of pay requirements may result in significantly monetary liability for liquidated damages, Continue Reading
The Odds Are Getting Better for Sports Betting and Fantasy Sports in New York
The Bottom Line As New York lurches toward the legalization of sports betting and interactive fantasy sports, true national sports betting and fantasy sports gaming is still a long way from becoming a reality. Businesses in the sports gaming industry, including sports books, media companies, Continue Reading
New York City Law Expanding Employers’ Lactation Accommodation Obligations Goes Into Effect on March 18, 2019
The Bottom Line Before March 18, 2019, New York City employers with four or more employees should review their written policies and HR practices in advance to ensure that they have the appropriate space to satisfy the law’s lactation room requirements and that they provide a compliant lactation Continue Reading
New York and Florida AGs Settle Charges with Seller of Fake Social Media Accounts and Engagements
The Bottom Line Brands, marketers, and their agencies typically have the most to lose due to fraudulent social media traffic, in the form of wasted marketing dollars spent appealing to non-existent users. However, these settlements made clear that such practices also harm consumers and social Continue Reading
New York Attorney General Reaches Record COPPA Settlement with AOL
The Bottom Line The AOL settlement – which requires AOL to pay the largest COPPA penalty ever to date — is the most recent instance in which the New York Attorney General’s Office has sought to enforce COPPA. While most ad tech industry members have long known that behavioral advertising cannot be Continue Reading
California Employers Required to Provide Sexual Harassment Prevention Training to All Employees by January 1, 2020
Update as of September 2019 The Bottom Line In further statutory recognition of the #MeToo movement, California — like New York — has implemented more stringent training requirements for employers. On September 30, 2018, California passed SB 1343, a bill requiring all California Continue Reading