Alerts

The Federal Trade Commission announced this week that Lumos Labs had agreed to settle false and deceptive advertising claims related to the company’s promotion of its “Lumosity” cognitive training programs (commonly referred to as “brain training”).

The Federal Trade Commission has a reached a settlement agreement with several major retailers, including Nordstrom, Bed Bath & Beyond, and JCPenney, over claims that they improperly labeled and advertised rayon products as being made of bamboo.

On January 1, 2016, California’s Fair Pay Act (Senate Bill 358) takes effect, making it more difficult for employers to justify pay disparities between opposite sex employees.

In an opinion of potentially sweeping effect, the Court of Appeals for the Federal Circuit recently held that a key provision of the Lanham Act was unconstitutional under the First Amendment.

On December 18, 2015 President Obama signed into law the Consolidated Appropriations Act, 2016 (H.R. 2029) that included Section 101 of Division O which officially ended the 40-year US ban on crude oil exports. The law also makes it very difficult to reimpose restrictions.

Readers of these posts know that we have been closely following developments of US “Buy America” requirements as they are applied to US construction projects ranging from wastewater management, flood control, urban light rail systems, and highway building.

Employers should be aware of several important changes to federal and New York wage and hour laws, effective December 31, 2015 and January 1, 2016.

After a difficult November, daily fantasy sports (DFS) operators will need to buckle up for an even more challenging road ahead.

On December 16, 2015, the United States Court of Appeals for the Ninth Circuit denied a group of former student-athletes’ bid to rehear the court’s earlier decision that student-athletes do not have to be compensated beyond the cost of attending college.

As many of you are wrapping up operations today, I wanted to bring together some of my thoughts on TPP as 2015 comes to a close.

Details on the long-awaited bipartisan, bicameral tax extender package were released yesterday evening and are expected to be considered by the House of Representatives on Thursday.

Overnight, Congressional leaders unveiled a $1.15 trillion fiscal year 2016 omnibus spending bill after weeks of contentious negotiations between the House and Senate Appropriations Committees, Congressional leadership, and the White House.

By January 1, 2016, all employers  in the District of Columbia with 20 or more employees must provide certain transportation benefits to their employees who work in the District.

In an important development, the Centers for Medicare and Medicaid Services (CMS) has issued additional final regulations implementing the Stark Law as part of the Physician Fee Schedule for calendar year 2016 (see 80 Fed. Reg. 70,886 (Nov. 16, 2015)).

On Monday, November 30, 2015, Nordstrom and denim manufacturer AG Adriano Goldschmied filed a motion to approve a settlement in California federal court, agreeing to pay more than $4 million to settle a consumer class action suit that accused them of falsely labeling jeans as “Made in USA.”

The FTC may start to scrutinize marketers that engage in cross-device tracking. Advertisers engaged in cross-device tracking should review their online disclosures to ensure that the tracking is adequately described.

Effective January 1, 2016, New York City’s Commuter Benefits Law requires that non-government employers with 20 or more full-time non-union employees in New York City must offer all full-time employees the opportunity to use pre-tax income to purchase certain transportation benefits.

Federal regulations require institutions and institutional review boards (IRB) that are responsible for review and oversight of human subject research to prepare and maintain adequate documentation of IRB activities, including minutes of IRB meetings.

On November 10, New York’s attorney general ordered DraftKings and FanDuel to stop accepting bets from the state’s residents, arguing the games constituted illegal gambling.

Puerto Rico continues to face a fiscal crisis of unprecedented proportion. The island of only 3.5 million people carries a massive debt load of $72 billion and $44 billion of unfunded pension liabilities.

The Center for Medicaid and CHIP Services, a division of the Centers for Medicare & Medicaid Services, issued a Medicaid Drug Rebate Program notice to state Medicaid contacts emphasizing appropriate access to, and coverage of, direct-acting antiviral drugs used to treat hepatitis C virus.

On November 2, 2015, President Obama signed the Bipartisan Budget Act of 2015 into law. The two year budget deal increases overall spending limits and prevents the United States from defaulting on its debts by suspending the debt limit through March 2017.

On October 21, 2015, New York State Governor Andrew Cuomo signed eight pieces of legislation, known collectively as the Women’s Equality Act and effective in January 2016, into law.

The E-Warranty Act of 2015 was recently signed into law, amending the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, to permit manufacturers and sellers of consumer products the option to post written warranties online.