Alerts: Legal Ethics and Professional Responsibility
Not Just a New York State of Mind: Nonresident Lawyers Must Have a Physical Office in New York
On Friday, the United States Court of Appeals for the Second Circuit struck a blow to nonresident lawyers looking to practice in New York State. Read more.
April 26, 2016
Alerts: Estate Planning Law
Recent Estate Tax Changes Create Planning Opportunities
On April 1, 2016, the New York State ("NYS") estate tax exclusion amount increased to $4,187,500, further narrowing the gap between the NYS estate tax exclusion amount and the Federal estate, gift and generation-skipping transfer ("GST") tax exemption amounts ($5,450,000 as of January 1, 2016). Read more.
April 25, 2016
Alerts: Advertising Law
Federal Trade Commission Speaks on Use of “All Natural” and “100% Natural” Claims in Advertising
The Federal Trade Commission ("FTC") joined the widely publicized "natural" products debate by issuing four settlements and bringing a new complaint relating to misleading "all natural" or "100% natural" advertising claims. Read more.
April 13, 2016
Alerts: Technology Law
New Online Tool Helps Mobile App Developers Manage Healthcare Compliance
Here is some news about an important new resource for mobile app developers working in the healthcare space. Read more.
April 12, 2016
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Alerts: Employment Law
Get Ready for New Minimum Wage and Family Leave Law Changes in New York
On April 4, 2016, Governor Cuomo signed into law amendments to the New York Labor and Workers' Compensation laws that raised the New York State hourly minimum wage to $15, and provided for paid-family-leave time for most employees. For some New York businesses, the first deadline for compliance is December 31, 2016. Read more.
April 7, 2016
Alerts: Advertising Law: Sports Law
March Madness on a Different Court: Fantasy Sports and New York AG Reach Temporary Compromise
On Monday DraftKings, Inc. and FanDuel, Inc., the two largest providers of Daily Fantasy Sports ("DFS") in the US, announced an agreement with New York Attorney General Eric Schneiderman (the "NYAG") in connection with the ongoing DFS litigation. Read more.
March 23, 2016
Alerts: Entertainment Law: Intellectual Property Law
Ruling Maintains That Fair Use Must Be Considered Before Issuing Copyright Takedown Notices
The Ninth Circuit declined to review its earlier opinion in Lenz v. Universal Music Corp. that copyright holders must consider fair use before seeking to remove allegedly infringing content from websites such as YouTube and Facebook. Read more.
March 18, 2016
Alerts: Advertising Law
FTC Settles First Native Advertising Case Against Fashion Retailer
Less than three months after issuing guidance to marketers on native advertising, the FTC has brought and settled its first native advertising case against national retailer Lord & Taylor. Read more.
March 15, 2016
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Alerts: Privacy & Data Security Law
Transferring Personal Data Overseas: EU - US Privacy Shield Will Create New Obligations
On February 2, 2016, EU and US authorities reached an agreement in principle on a new framework for transatlantic data transfers, dubbed the "Privacy Shield." Read more.
March 14, 2016
Alerts: Privacy & Data Security Law
FTC Settles Privacy Charges Against ASUS
Computer hardware maker ASUSTeK Computer, Inc. ("ASUS") recently settled FTC charges that the company failed to take steps to secure the software on its routers, putting hundreds of thousands of consumers at risk. Read more.
March 7, 2016
Alerts: Advertising Law
FTC Brings Action Against Glue Manufacturer Over “Made in USA” Claims
When can a marketer claim that its products are "Made in the USA" if the products contain foreign materials? A recent FTC action provides guidance. Here's what happened. Read more.
February 10, 2016
Alerts: Advertising Law: Sports Law
Planning to Use Olympic Participants in Your Advertising?
There's important news for marketers and agencies considering the Olympic Games in Rio: the deadline for non-sponsors to request an IOC Rule 40 "waiver" is January 27, 2016. Here's a review of Rule 40 and what you need to know to keep your Olympic-themed campaigns on track. Read more.
January 19, 2016
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Alerts: Advertising Law
Still Paying Attention: FTC Extracts $2M Settlement from Brain Game Company
In a follow-up to its settlement with Focus Education, LLC in January of last year, the FTC recently entered into a $2 million settlement with Lumos Labs over claims that advertising and marketing for its Lumosity "brain training" games misled customers about cognitive benefits. Read more.
January 11, 2016
Alerts: Privacy & Data Security Law
App Developers Pay $360,000 to Settle COPPA Charges
Two app developers recently paid a total of $360,000 to settle charges by the Federal Trade Commission ("FTC") that they violated the Children's Online Privacy Protection Act ("COPPA") Rule. The cases make clear that children's privacy online remains an FTC focus. Here's what happened. Read more.
December 29, 2015
Alerts: Legal Ethics and Professional Responsibility
Law Firms Win Big Case Arising from Representation of Clients with Competing Interests
Law firms often struggle to determine when the rules of professional conduct permit representation of clients who compete in the marketplace. When is it OK, for example, to represent clients with competing patents, trademarks, or copyrights? A recent Massachusetts Supreme Judicial Court case provides important guidance for IP lawyers -- particularly those representing clients with patents. Read more.
December 28, 2015
Alerts: Advertising Law
Did the FTC Just Kill Native Advertising?
Two years after conducting a workshop to study native advertising, the FTC on December 22nd released long-awaited guidance that all marketers and publishers need to review. Read more.
December 23, 2015
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Alerts: Intellectual Property Law
Federal Court Rules that Ban on Offensive Trademarks is Unconstitutional
Here's some big news for anyone who owns -- or is contemplating registration of -- a trademark that may offend certain audiences. The Federal Circuit Court of Appeals ruled on December 22nd that a law banning the registration of disparaging trademarks is unconstitutional. Read more.
December 23, 2015
Alerts: Employment Law
Year-end Compliance: NYC Requires Certain Employers to Offer Transit Benefits
New York City's Commuter Benefits Law takes effect on January 1, 2016. Under the law, for-profit and nonprofit employers with 20 or more full-time non-union employees working in New York City must offer their full-time employees the opportunity to use pre-tax income to purchase qualified transportation fringe benefits. Read more.
December 21, 2015
Alerts: Legal Ethics and Professional Responsibility
New York Authorizes Temporary Practice By Out-Of-State Lawyers
In a thrilling and important development, New York has promulgated a new Court Rule, 22 NYCRR § 523 ("Section 523"), that allows lawyers admitted in other jurisdictions, but not admitted in New York, to practice here under certain circumstances. Read more.
December 16, 2015
Alerts: Employment Law
New New York Law Expands Liability for Non-Payment of Wages
Here's some important news for persons owning interests in companies operating in New York that are registered in other states. Read more.
December 4, 2015
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Alerts: Privacy & Data Security Law
LabMD Decision Clarifies Corporate Liability for Data Security Breaches
A recent decision in a long-running data security case is a must-read for corporate executives charged with ensuring the security of personal information. Read more.
November 30, 2015
Alerts: Advertising Law
NAD Scotts Decision: Marketers - Not Customers - Are Responsible for Online Review Compliance
Encouraging customers to write product reviews is a common and effective marketing tactic. But the disclosure requirements are significant. And a mistake can rankle competitors and lead to scrutiny by regulators or self-regulatory bodies such as NAD. That's what recently happened to The Scotts Company ("Scotts") when United Industries Corporation ("United Industries"), the maker of the Spectracide line of household insect and weed control products, challenged a sweepstakes promotion for the company's competing Ortho Home Defense, Ortho Bug-B-Gon, and Ortho Weed-B-Gon products. Here's what happened. Read more.
November 2, 2015
Alerts: Privacy & Data Security Law: Technology Law
Federal Government Announces New HIPAA Privacy Audits for Companies That Handle Healthcare Data
Here's some news for companies that have to comply with the privacy provisions of the Health Insurance Portability and Accountability Act ("HIPAA"). The U.S. Department of Health and Human Services ("HHS") has announced plans to begin auditing compliance in early 2016. Read more.
October 20, 2015
Alerts: Art Law
Are Art Purchases by Out-of-State Residents Subject to New York Sales Tax?
New York State's tax authorities have been investigating whether New York-area art galleries are properly collecting and remitting New York sales tax on sales of artworks, and a recent New York State Department of Taxation and Finance ("Department") Tax Bulletin has shed some light on several Department positions with regard to sales of property to out-of-state residents, one of which is important to gallerists, collectors and other art industry professionals. Read more.
October 16, 2015
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Alerts: Privacy & Data Security Law: Technology Law
European Court of Justice Declared EU-U.S. Safe Harbor Invalid - What This Means for Your Company
In a recent landmark decision, the Court of Justice of the European Union (the "CJEU") declared the EU-U.S. safe harbor invalid. The ruling comes out of the Schrems v. Facebook case, which has become one of the most widely followed and significant global data privacy cases to date. Read more.
October 16, 2015