Articles

01.25.17

The Ripeness Hurdle in Takings Cases

"The general concept of ripeness should be no stranger to lawyers. After all, one should bring no case before its time. We are all accustomed to dealing with various statutes of limitation and repose. But takings cases are different. The U.S. Supreme Court has invented a special hurdle to keep ...


01.24.17

False Ad Suit Survives When Consumers "Swept Into" Purchase

A California Court of Appeal found that plaintiff consumers had raised triable issues of fact on whether they suffered damages in reliance on allegedly misleading advertising about the extent of a 40%-off sale, despite plaintiffs' knowledge—before going through with the ...


01.23.17

Top Legal Issues Facing Marketers in 2017

Numerous legal and regulatory challenges will vex marketers in 2017.Brexit and the U.S. presidential election aside, to say 2016 was one of the most tumultuous and unpredictable years in history was an understatement. The Federal Trade Commission (FTC) doubled down on its enforcement of the ...


01.20.17

CA Supreme Court at Transfer Tax Crossroads

The American Revolutionary war motto of “no taxation without representation” was first popularized, not by the drama of the Boston Tea Party, but after the British passed the humdrum Stamp Act of 1765.Today, real estate sales in California are subject to a documentary transfer tax (DTT) ...


01.10.17

Hazardous Waste Update

The past decade has seen a monumental shift in regulatory oversight of retailers’ environmental compliance programs, forcing companies to adapt compliance solutions to the myriad of hazardous waste control laws impacting the retail sector.   Historically, most enforcement has been at ...


01.10.17

VR Funding and Innovation Look Strong for 2017

This year, CES saw countless VR demos, new headsets and accessories (maybe the most significant being wireless capability add-ons for tethered headsets), and AR consumer headsets and phones by ODG and ASUS. Many of these technologies will not be available until later in 2017 or 2018. Oculus was ...


12.29.16

FTC Pressure Mounts, App Maker Settles

The marketers behind an app designed to measure blood pressure reached a deal with the Federal Trade Commission over allegedly deceptive claims about the app's accuracy.Aura Labs, along with founder and co-owner Ryan Archdeacon, were charged with touting that the Instant Blood Pressure app ...


12.28.16

Why Takings Law Matters

"Why, you might ask, is takings law important enough to warrant a monthly column on the subject, let alone the stream of court decisions that seems unceasing? Let’s start with the fact that it deals with property, a subject that touches us all in one way or another. Are you a homeowner ...


12.22.16

White Collar Enforcement 2016 Roundup

What do the Avalanche network, FIFA coins, AML violations, and a couple of Big Four accounting firms have in common? They all figured prominently in white collar enforcement actions and resolutions announced by government agencies in the last quarter of 2016. For a recap of these announcements and ...


12.22.16

Paid Online Reviews Cost Companies $175K

Two companies have settled with the New York Attorney General’s Office after being accused of paying consumers for positive reviews by agreeing to increase their transparency and pay a total of $175,000. MedRite Care, LLC, a medical emergency care service, paid thousands of dollars to ...