• 06.22.17

    California Appellate Panel Affirms $6.8M Penalty Against Overstock

    By Richard P. Lawson, Partner, Advertising, Marketing and MediaIn affirming a $6.8 million penalty against Overstock.com for deceptive pricing, a California appellate panel found that the amount was not excessive.District attorneys in eight counties filed suit in 2010, claiming that the Internet ...

  • 06.22.17

    House Passes Dodd-Frank “Repeal”

    By Ellen R. Marshall, Partner, Financial ServicesIn a vote along party lines, the House of Representatives passed the Financial CHOICE Act of 2017, which would eliminate or scale back many of the provisions found in the Dodd-Frank Wall Street Reform and Consumer Protection Act.What ...

  • 06.19.17

    AI, IoT and Consumer Privacy

    It has been estimated that 80 percent of the world’s data has been created in the past two years, and by all reasonable measures, we are only just getting started. Already, 2.5 billion gigabytes of data are generated per day. To give some context, a review of one gigabyte of emails is ...

  • 06.15.17

    Weight Loss Drug Gains FDA Warning About False Advertising

    By Jeffrey S. Edelstein, Partner, Advertising, Marketing and MediaIn the first warning letter sent since President Donald J. Trump took office, the Food and Drug Administration (FDA) cautioned the maker of a weight loss drug about false advertising.A 60-second television ad for Orexigen ...

  • 06.11.17

    Class Warfare: Higher Education Is About to Become the Next Political Battlefield

    For decades, both nationally and here in New York, elected officials focused on higher education policies when they were thinking about their legacies, from former President Lyndon B. Johnson’s Higher Education Act to a grant program championed by U.S. Sen. Claiborne Pell. But in terms of ...

  • 06.08.17

    Senator to FTC: Are Kids Safe With Smart Toys?

    By Richard P. Lawson, Partner, Advertising, Marketing and MediaFollowing up on a previous letter, Sen. Mark Warner (D-Va.) sent a second missive to the Federal Trade Commission asking about the agency’s efforts to protect children’s privacy with respect to so-called smart ...

  • 06.05.17

    Call Me, Maybe: The TCPA's Impact on Technology Used for Consumer Communications

    The widespread adoption of mobile technology has enabled businesses to better connect with potential and existing customers and increase customer engagement. But, as Spiderman’s Uncle Ben warned us, with greater power comes greater responsibility. In the consumer marketing and engagement ...

  • 06.05.17

    Supreme Court Won't Weigh In on FLSA Definition of "Wages"

    Why it mattersThe U.S. Supreme Court denied certiorari in a case defining what constitutes “wages” to calculate overtime pay under the Fair Labor Standards Act, leaving in place the expansive interpretation adopted by the U.S. Court of Appeals for the Ninth Circuit. The city of San ...

  • 06.02.17

    Does “Lease Language” Create a Lease?

    With less traditional arrangements, such as co-working office spaces becoming increasingly prevalent, the line between leases and contractual arrangements that do not create a possessory interest in real property, such as licenses, can sometimes be difficult to determine. Parties may even attempt ...

  • 06.01.17

    What to Consider When Subleasing Office Space

    In many markets, large blocks of office space are scarce. A company may decide to lease more space than needed in order to reserve space for future growth. When this strategy is executed, the cost can be mitigated by subleasing. Prospective subtenants, on the other hand, may want to sublease for a ...

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