Newsletters

08.16.18

Add-Ons Cost Kentucky Bank $4.75M in Federal Reserve Board Action

A Kentucky bank must pay $4.75 million in restitution pursuant to a consent order with the Board of Governors of the Federal Reserve System in an enforcement action involving add-on products.


08.16.18

DOJ Expands FCPA Self-Reporting Protections to Successor Companies

Building on its efforts to encourage self-reporting of Foreign Corrupt Practices Act (FCPA) violations, the Department of Justice (DOJ) announced it will extend protections to voluntary reporting successor companies for preacquisition violations of the target company.


08.16.18

CMS Finalizes Changes Advancing Its Meaningful Measures Initiative

On August 2, 2018, the Centers for Medicare & Medicaid Services (CMS) issued the final rule for the Inpatient Prospective Payment System (IPPS).


08.09.18

ANA Pushes for Balanced Approach to Privacy

The Association of National Advertisers (ANA) is pushing back against the proliferation of privacy legislation similar to the European Union’s General Data Protection Regulation (GDPR) and California’s new privacy law in a new letter to the National Telecommunications and Information ...


08.09.18

NAD Weighs In on ‘Best’ Claims

Be careful about making claims that a product is the “best,” the National Advertising Division (NAD) cautioned in a new decision, recommending that Mahindra USA discontinue claims that it offered the industry’s “best” warranty and “best” in loader lift ...


08.09.18

W3C Finalizes Updates to Accessibility Guidance

Advertisers, take note—the World Wide Web Consortium (W3C) has updated its Web Content Accessibility Guidelines in a new publication, WCAG 2.1.


08.09.18

Sixth Circuit Drives Movie Trailer Suit to Dismissal

The U.S. Court of Appeals for the Sixth Circuit refused to allow a moviegoer to hold the distributor of a motion picture liable for false advertising based on a trailer that the plaintiff claimed contained anti-Semitic messaging.


08.09.18

Fifth Circuit Pins Down Insignia Ban

The U.S. Court of Appeals, Fifth Circuit, affirmed a ruling from the National Labor Relations Board (NLRB or Board) that a ban on pins violated Section 8(a)(1) of the National Labor Relations Act (NLRA), and held that In-N-Out Burger failed to overcome the presumption that a blanket ban on insignia ...


08.07.18

Eleventh Circuit Refuses to Compel Arbitration in TCPA Dispute

An unsigned agreement put an end to a Telephone Consumer Protection Act (TCPA) defendant’s attempt to compel arbitration of the suit, the U.S. Court of Appeals for the Eleventh Circuit recently decided.


08.07.18

Defendant’s Testimonial Evidence of Obtaining Consent Precludes Class Certification

In a victory for a Telephone Consumer Protection Act (TCPA) defendant, U.S. Magistrate Judge Stephanie K. Bowman of the Southern District of Ohio recommended to the trial judge that a plaintiff’s motion for class certification be denied, relying primarily on evidence showing the defendant ...