The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners.Continue Reading Takeaways from the Hermès Litigation over MetaBirkins NFTs
The Push for Pay Transparency: New Laws in 2023
In 2021 and 2022, we saw a wave of pay transparency laws aimed at improving pay equity. It first started with Colorado in 2021, then New York City in late 2022. Recently, states such as California, New York, Washington, and Rhode Island have passed similar pay transparency laws. These laws often differ by locality and state, creating many compliance questions for employers.Continue Reading The Push for Pay Transparency: New Laws in 2023
Non-Compete No More? FTC Proposes Broad Ban of Non-Compete Agreements
On January 5, 2023, the Federal Trade Commission (“FTC”) unveiled a proposed ruling that would essentially ban noncompete agreements across the country. This proposed ruling is based on a finding that noncompete agreements constitute an unfair method of competition and violate Section 5 of the Federal Trade Commission Act.Continue Reading Non-Compete No More? FTC Proposes Broad Ban of Non-Compete Agreements
Brush Up On Your Opt-Outs: Calif. AG Signals Mobile App Investigative Sweep
California Attorney General Rob Bonta recently announced a new privacy investigative sweep. The AG is sending letters to businesses with mobile apps that have failed to follow the California Consumer Privacy Act (CCPA).Continue Reading Brush Up On Your Opt-Outs: Calif. AG Signals Mobile App Investigative Sweep
Online Marketplaces: It’s Time to Track, Verify and Disclose Seller Info
A new set of California laws will require online marketplaces to gather verifiable identifying information about high volume third party sellers, or else boot them off the platform. The laws, which seek to combat the resale of stolen goods online, call for marketplaces and sellers to ramp up their consumer disclosures around sellers’ identities and options for consumers to report suspected stolen goods. Continue Reading Online Marketplaces: It’s Time to Track, Verify and Disclose Seller Info
Get Your Prop 65 House in Order for the New Year
Companies should regularly assess their Prop 65 compliance. Products, packaging, business relationships, and the rules for compliance are constantly changing. Start 2023 off right with a review of your compliance practices to avoid costly private enforcement actions.Continue Reading Get Your Prop 65 House in Order for the New Year
Federal Trade Commission Focused on Right to Repair Restrictions
In her September 20, 2022 statement before the Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy and Consumer Rights, Federal Trade Commission (“FTC”) Chairwoman Lina Kahn emphasized the FTC’s continued work combating repair restrictions that allegedly harm consumers, explaining that the FTC is “prioritizing action against business practices that unlawfully restrict consumers’ ability to repair their products, costing them more over the long term.”[1]Continue Reading Federal Trade Commission Focused on Right to Repair Restrictions
Court Orders Injunctive Relief Against Tech Company for Deceptive Advertising, Unfair Fee Practices
On August 9, the US District Court of Georgia ruled that the FTC had provided “broad and detailed evidence” for its allegations that a tech company and its CEO engaged in deceptive advertising and unfair fee practices in violation of Section 5 of the FTC Act. The FTC’s 2019 complaint alleged the defendants made deceptive representations to customers and charged hidden, unauthorized fees in connection with the company’s “fuel card” as well as through co-branded cards, to companies in the trucking and commercial fleet industry. The FTC’s factual allegations include the following: Continue Reading Court Orders Injunctive Relief Against Tech Company for Deceptive Advertising, Unfair Fee Practices
CFPB’s New Interpretive Rule Sets Sights on Digital Marketing Vendors
On August 10, the CFPB issued an interpretive rule stating that digital marketing providers that are involved in the identification or selection of prospective customers or the selection or placement of content to affect consumer engagement including purchase or adoption behavior, are subject to the CFPB’s jurisdiction. The rule ostensibly clarifies the scope of companies that are “service providers” under the Consumer Financial Protection Act (“CFPA”) to include digital marketing providers, and thereby subjecting them to the CFPB’s authority to prohibit unfair, deceptive, abusive acts or practices (UDAAPs). Continue Reading CFPB’s New Interpretive Rule Sets Sights on Digital Marketing Vendors
Colorado’s Retail Delivery Fee
Recently, Colorado’s new $0.27 retail delivery fee went into effect. The fee targets all deliveries by a motor vehicle that have at least one item of taxable and tangible personal property. This new levy impacts both in-state and out-of-state retailers, requiring those entities to register with the Colorado Dept. of Revenue and remit funds to the State.Continue Reading Colorado’s Retail Delivery Fee