Edited by Charles J. Morton
Venable attorneys produce periodic alerts and newsletters covering a variety of topics and practice areas. For your convenience, we have assembled below a collection of the latest alerts and newsletters from December 2013. To view the full text of an article, please click on the title of the piece.
Advertising Law News & Analysis
December 6, 2013 Edition
Featuring articles on quality "sale" disclaimers; the
Children's Advertising Review Unit's issue with a Boy
Scouts sweepstakes disclosure; and what happens when marketers
ignore National Advertising Division recommendations.
December 12, 2013 Edition
Featuring articles on the rules for online disclosures; possible
future guidance from the FTC on native advertising; a California
court's decision to deny class certification in a false
advertising action against Chipotle; and asking the right questions
when substantiating advertising claims.
Class Action Defense
California Court Continues Ascertainability Trend, Denies Class
Certification in Chipotle "Naturally Raised"
Litigation
Purveyors of mass-retail food products may have a new reason to
rejoice this holiday season. On December 2, the U.S. District Court
for the Central District of California quietly issued a three-page
In Chambers Order denying class certification in a false
advertising action challenging Chipotle's claim that its
products contain "Naturally Raised" meat.
Authors: David D. Conway and Edward P. Boyle
Second Circuit Answers Call from TCPA Plaintiff
After two failed calls in the Eastern District of New York, the
Second Circuit last week opened the line for one Telephone Consumer
Protection Act plaintiff to plead his case.
Authors: Edward P. Boyle and Michael C.
Hartmere
Consumer Finance
The CFPB's Supervisory and Enforcement Functions and How They
Work Together
In an October 9 speech to the FDIC's Advisory Committee on
Economic Inclusion, Steve Antonakes, the Deputy Director of the
CFPB and also the Associate Director of the CFPB's Supervision,
Enforcement and Fair Lending (SEFL) Unit, discussed the CFPB's
supervisory and enforcement tools.
Author: Allyson B. Baker
Employee Benefits
IRS Issues Additional Guidance on the Application of Windsor to
Cafeteria Plans, FSAs, and HSAs
The IRS recently issued Notice 2014-1, providing additional
guidance on the effects of the Supreme Court's Windsor decision
on (1) cafeteria plans; (2) medical flexible spending accounts
(Medical FSAs); (3) health savings accounts (HSAs); and (4)
dependent care flexible spending accounts (Dependent Care
FSAs).
Authors: Thora A. Johnson, Jean Y. Yu, and Chana
E. Ickowitz
Healthcare
Health Insurance Exchanges: Litigation to Follow and How to Avoid
It Next Time
First you have the problem and then you have the litigation. This
more-or-less iron rule of American life will be honored once again
in the aftermath of the "roll out" of Obamacare.
Author: Ralph S. Tyler
Intellectual Property
IP Buzz - December 2013
The December issue of IP Buzz features articles on patent
troll reform bills moving through Congress and the denial of class
certification in the Chipotle "naturally raised" claim
litigation.
Issue Editors: Martin L. Saad, Meaghan Hemmings
Kent, and Elissa Brockbank Reese
International Trade
Enforcing the New Export Control Regime
The first of the President's Export Control Reform initiatives
took effect October 15, 2013. The Government has also begun
monitoring and enforcing the new rules more strictly; accordingly,
exporters and reexporters must understand that they may be held in
violation of these changed regulations and subject to penalties. As
such, it is important that companies fully understand, implement,
and create internal awareness of the new rules.
Authors: Lindsay B. Meyer, Ashley W. Craig, Carrie
A. Kroll, Rachel Miras Fiorill, and Amanda C. Blunt
Nonprofit
New York Nonprofit Revitalization Act Signed into Law
The Nonprofit Revitalization Act, unanimously passed by New
York's legislature last June, was signed into law by Governor
Andrew M. Cuomo on December 18, 2013. The Act is the first major
revision to New York's nonprofit laws in over 40 years. Its
provisions apply to nonprofits that are incorporated in New York,
but one significant section – related to financial audits and
financial reporting to the state – applies to all nonprofits
that are registered in New York for charitable solicitation
purposes.
Authors: Susan E. Golden, Lisa M. Hix, Kristalyn
J. Loson, and Jeffrey S. Tenenbaum
A Collection of Venable's Nonprofit Legal Articles,
Presentations, and Recordings from the Fourth Quarter of
2013
Venable's
Nonprofit Organizations Practice Group is pleased to share the
best articles, presentations, and recordings of our monthly
in-house nonprofit luncheon programs/webinars by our
attorneys. These quarterly digests are a collection of our most
interesting and useful materials to help your organization as you
tackle the always-challenging array of legal issues facing
nonprofits.
Author: Jeffrey S. Tenenbaum
Private Fund Update
December 2, 2013 Edition
This update contains a preview of the upcoming floor vote on H.R.
1105; the panelists and agenda for the December 5th SEC Roundtable
on proxy advisory services; the Federal Reserve NY report showing
how asset prices are influenced by comments made by the Federal
Reserve Chairman; the CFTC No Action Letter giving non-U.S. swap
dealers who use U.S.-based personnel until January 14 to comply
with certain Dodd-Frank requirements; the recent decision by the
SEC's Dodd-Frank Investment Advisory Committee to recommend
imposing user fees on registered investment advisors in order to
fund additional SEC examinations; and Riverside Company COO Pam
Hendrickson's op-ed in Forbes defending Timothy
Geithner's move to a private equity fund.
December 9, 2013 Edition
This update contains guidance recently issued by the SEC on the
registration exemption for advisers to venture capital funds; a
recap of last month's House vote on H.R. 1105; a preview of the
Volcker Rule vote; the Chamber of Commerce's report to reform
FSOC; and the lawsuit filed against the CFTC's cross-border
rule by three financial services organizations.
December 16, 2013 Edition
This update reviews recent SEC guidance on the "bad
actors" rule which makes clear that portfolio companies are
not considered "affiliated issuers" in Rule 506
offerings; approval of the Volcker Rule by five federal agencies;
the Association for Corporate Growth's 2014 Policy Summit,
taking place on February 5, 2014; and the SEC's 2014 Compliance
Outreach seminar, taking place on January 30, 2014.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
