Articles

11.22.16

Obama Administration Calls on States to Crack Down on Non-competes

Why it matters Seeking to reduce the prevalence of non-compete agreements, President Barack Obama released a call to action encouraging employers not to use them in order to “enhance competition to benefit consumers, workers, and entrepreneurs.” The “State Call to Action on ...


11.21.16

Choosing Hobson's Choice

"Hobson's Choice" - the 1954 version, directed by David Lean - is the sort of movie that justifies the lament "they don't make 'em like this anymore." Featuring a charming story, snappy dialogue, and a talented cast (including the great Charles Laughton as the ...


11.21.16

States and Health Reform: Successes and Challenges

Editor's Note: In a guest appearance on The Diane Rehm Show, an affiliate of National Public Radio (NPR), Manatt Health's Joel Ario discussed the future of Obamacare under a new administration. Since then, the election of Donald Trump certainly puts that future in doubt. Joel's remarks, ...


11.17.16

How Retailers Can Avoid Regulatory Scrutiny this Holiday Shopping Season

With the holiday season often accounting for one-third of a retailer’s annual sales, competition can be fierce. Tempting as it is to grab for every advantage, this can have the unpleasant consequence of legal entanglements with the Federal Trade Commission or a state attorney general that are ...


11.17.16

New FTC Guide Offers Tips for Protecting Personal Information

On the heels of the Federal Trade Commission’s new guidance for companies hit with a data breach, the agency released updated advice for businesses that maintain personal information. “Protecting Personal Information: A Guide for Business” relies on five principles: take stock, ...


11.16.16

Late Notice May Not Matter for Renewed Policy

Despite the insured's failure to provide notice of a claim during the claims-made policy period, coverage was still available, absent a showing of prejudice to the insurer, where the insured renewed the policy at issue and provided notice during the renewal policy period, a Delaware court ...


11.15.16

Do Guarantees Really Work?

Guarantee agreements are an important component of many real estate transactions, ranging from loans to partnership agreements to post-closing obligations under purchase agreements. But do they really work?Both the common law (law derived from court cases) and legislation provide many outs for ...


11.15.16

One Phone Call, Three Class Actions

The same phone call that was the subject of earlier litigation can form the basis of another Telephone Consumer Protection Act putative class action, a New Jersey federal court judge has ruled.According to the complaint, on March 11, 2005, DialAmerica Marketing allegedly made a call to Genevieve ...


11.10.16

FTC Offers Guidance on Data Breach Response

What should you do when your business suffers a data breach? New guidance from the Federal Trade Commission suggests key steps to take and provides a model form to provide notification of the breach to consumers. “Data Breach Response: A Guide for Business” breaks down post-breach ...


11.08.16

A Tale of Two Statutes: ROSCA as Written, and ROSCA as Enforced

Enacted in 2010, the Restore Online Shoppers’ Confidence Act requires online retailers to clearly and conspicuously disclose the terms of an online negative option transaction before obtaining the consumer’s billing information, obtain express informed consent before charging the ...