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Displaying 31 - 40 of 68
Tuesday, Nov. 12, 2019
How to Comply With New York's New Harassment Rules That Are Taking Effect Now
Dramatic changes in New York’s sexual harassment laws are effective now, or will go into effect shortly. New York employers will have to adapt and take some important steps to comply. Here’s a summary of what all New York employers need to know. Effective October 11, 2019 Harassment can be based on...
Friday, Nov. 1, 2019
Federal Labeling Laws vs. State False Advertising Laws: The Ongoing Preemption Battle
Readers of this column know that we frequently cover cases where a defendant claims that its compliance with various federal labeling requirements preempts a state law false advertising claim. The defendant’s argument often fails. (See here , here , here , and here ). In today’s post, we’ll look at...
Tuesday, Oct. 22, 2019
Facebook Announces Additional Measures To Protect the Upcoming U.S. Elections
Yesterday, Facebook announced that it was taking additional steps to prevent the social media platform from being used to interfere with next year's elections in the United States. Notwithstanding recent criticism by Elizabeth Warren and others, these measures do not include any fact-checking of...
Tuesday, Oct. 15, 2019
When is an Inaccurate Prediction also False Advertising?
Wright Medical Technology and Paragon 28 are competitors in the niche market of selling surgical plates and other devices used to repair bones in the foot and ankle. The competition between the companies is particularly intense because Paragon was founded by a number of former Wright Medical...
Friday, Oct. 4, 2019
Don't Hide the Differences in the Products When Doing Comparative Price Advertising
Can you advertise that your product is cheaper than a competitor's product when your product doesn't offer the same features? Can you use a disclaimer to explain the differences? These are some of the key issues in a false advertising lawsuit between two companies -- Asurion and SquareTrade -- that...
Monday, Sep. 23, 2019
The Union Strikes Back
Not so long ago (last May), right here in our own galaxy, SAG-AFTRA focused its laser cannons directly at a squadron of six third party signatory companies that it considered to be a threat to the Galactic Empire. Specifically, as I recounted in a previous blog post , the union revoked the...
Tuesday, Sep. 17, 2019
When Is A Picture NOT Worth A Thousand Words?
It’s amazing how many blog posts we’ve written about chickens. Or, rather, cases involving chickens. BBB National Advertising Division's (NAD) recent decision in the ongoing Cluck Wars is worth a read: it deals with how the imagery in an ad can potentially have an impact on the claim used in the...
Wednesday, Sep. 11, 2019
FBI's Operation reWired Targets International E-mail Scams
The U.S. Federal Bureau of Investigation announced more than 280 arrests in a law enforcement sweep aimed at schemes that trick individuals and businesses into wiring money to criminals. The arrests were part of Operation reWired, which was a four-month, multi-agency law enforcement effort to...
Thursday, Sep. 5, 2019
Ariana Grande Sues Forever 21, Asserting Right of Publicity, Lanham Act and Copyright Claim
This week, pop-star Ariana Grande (known for her hit songs like Thank U, N ext and 7 Rings ) brought suit in the Central District of California against retailer Forever 21 (who, according to Bloomberg , is preparing for a potential bankruptcy filing) and affiliated beauty boutique Riley Rose,...
Monday, Aug. 19, 2019
LGBTQ+ YouTubers Allege that YouTube Engages in Discriminatory Practices
Eight YouTubers, including the creators of such channels as GlitterBombTV, Queer Kid Stuff, and Watts the Safeword, recently filed a class action complaint in the Northern District of California against YouTube and its parent company Google. The complaint alleges that YouTube discriminantly targets...