ArticleNew Law Allows Small Employers To Offer Standalone HRAsThe amount contributed can be provided pre-tax, but it must be reported on an employee's Form W-2.United StatesEmployment and HRDavis+Gilbert LLP
ArticleNew York City Human Rights Law Restricts Credit Checks Of Job Applicants And EmployeesOn September 3, 2015, New York City will join several states and localities throughout the country that have implemented laws limiting the use of credit checks in hiring and other employment decisions.United StatesEmployment and HRDavis+Gilbert LLP
ArticleWashington, D.C. Bans Non-Compete AgreementsWashington, D.C. passed the Ban on Non-Compete Agreements Amendment Act (the Act) on March 16, 2021, which broadly prohibits non-compete agreements and restrictions on moonlighting.United StatesEmployment and HRDavis+Gilbert LLP
ArticleAs Less Enforcement Leads To More Lawsuits, We Speak To Education Loan Finance On Ways Lenders And Servicers Can Avoid Future IssuesAlthough there's been much talk of an epic battle between states and the federal government that will determine the scope of federal preemption in the student loan space,United StatesFinance and BankingDavis+Gilbert LLP
ArticleDouble Trouble In Tricolor: Risks In Collateral MisrepresentationIn a troubling development for the broader subprime auto and asset-backed securities markets, several auto loans tied to Tricolor Auto were found to contain duplicate vehicle identification numbers (VINs)...United StatesFinance and BankingDavis+Gilbert LLP
ArticleLegal Marijuana's Uncertain Path ForwardEfforts to legalize marijuana took a major step forward in 2016, with four new states voting in November to legalize recreational marijuana use.United StatesFood, Drugs, Healthcare, Life SciencesDavis+Gilbert LLP
ArticleInsolvency, Creditors' Rights & Financial Products Alert >> Recent Actions Against Navient May Expose Problems Contributing To The Student Loan Debt CrisisOn January 18, 2017, the Consumer Financial Protection Bureau (CFPB) filed suit against the nation's largest student loan servicer, Navient Corporation, alleging a litany of bad acts in the servicing of private and federal student loans that, if true, would mean shoddy and suspect practices may have already robbed students and their families of the opportunity for financial stability and success. United StatesInsolvency/Bankruptcy/Re-StructuringDavis+Gilbert LLP
ArticleTrademark >> No Longer "FUCT" - Scandalous Mark Provision Struck Down By Supreme CourtWhat constitutes a "scandalous" trademark? The United States Patent and Trademark Office (USPTO) has been grappling with this question since the enactment of the 1905 Trademark ActUnited StatesIntellectual PropertyDavis+Gilbert LLP
Article14 Years In The Making: FTC Unveils Updated FTC Endorsement GuidesToday, the FTC announced its newly revised and long-awaited Endorsement Guides, which aim to update and clarify previous guidance regarding the use of endorsements and testimonials in light...United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
ArticleAdvertising, Marketing & Promotions Alert >> Mastercard Announces New Free Trial Rules For MerchantsMastercard recently announced that it will be imposing new obligations on merchants that offer free trials to consumersUnited StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
ArticleEnforcement Of DAA Cross-Device Guidance To Begin On February 1, 2017The Digital Advertising Alliance (DAA) has announced that enforcement of its cross-device guidance will begin on February 1, 2017.United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
ArticleEntertainment, Media & Sports Alert >> President Trump Signs The Music Modernization Act Into LawThe MMA also updates processes for how mechanical royalties are calculated and split among the artists and songwriters.United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
ArticleFCC Votes To Enact Proposed Rule To Close The Lead Generator LoopholeThe FCC enacted a notice of proposed rulemaking that closes an often exploited loophole that allowed certain callers to inundate consumers with unwanted robocalls and robotexts.United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
ArticleFTC's First COPPA Action Against Mobile Ad Network Highlights Risks For Operators As WellUnder the settlement, InMobi will pay the FTC $950,000 in civil penalties (reduced from $4 million, the largest COPPA penalty to date), delete all inappropriately collected data and implement a comprehensive privacy program.United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
ArticleFTC Proposes Amendments To "Mail Order Rule" To Keep Up With TechnologyFor many years, the Federal Trade Commission (FTC) has required that sellers who solicit buyers to order merchandise through mail or telephone have a reasonable basis to expect that they can ship ordered merchandise within the time frame they advertise or, if they do not specify a time frame, within 30 days. United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
ArticleGroupon Class Action Suits Challenge Online Coupon BusinessIn the latest action to be filed in a series of class action lawsuits against Groupon, Inc., Carlos Vasquez filed a complaint on March 8, 2011 in the U.S. District Court for the District of Columbia on behalf of himself and other similarly situated consumers alleging that Groupon places unlawful expiration dates on its gift certificates. United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
ArticleHappy "Made In USA" Month!Companies must understand where product components are sourced from, and where all steps of the manufacturing process occur. Failure to do so could result in meaningful regulatory and litigation risk.United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
ArticleLegal Marijuana: What You Need To Know To Legally Advertise To This Budding EconomyOne underreported outcome of the November elections is that nearly 25 percent of Americans now live in a state where recreational marijuana use is legal.United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
ArticleLegally Speaking: How To Stay Out Of Real-Time Marketing Hot WaterThe start of any new year typically brings advertisers and their marketing agencies a veritable real-time marketing bonanza.United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
ArticleNew Age Targeting Requirements For Beer AdvertisingThe Beer Institute and Brewers Association increased the advertisement targeting requirements for beer ads to 73.6% from 71.6%.United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP