Newsletters

07.16.19

Body Lotion or Drug? Case Moves Forward

Did Nivea’s claims for its Skin Firming Hydration Body Lotion push the product into the category of a drug requiring approval from the Food and Drug Administration (FDA)?


07.16.19

Ninth Circuit Upholds Arbitration Provision in Online Consumer Contract

In the recent case In re Randall Holl, the U.S. Court of Appeals, Ninth Circuit reviewed an online arbitration agreement that implicated a combination of the clickwrap and incorporation by reference principles, enforcing an arbitration agreement it viewed as on the “outer limits” of ...


07.16.19

White House Weighs In on Cryptocurrency and Digital Investments

In a White House news conference Monday, July 15, Treasury Secretary Steven Mnuchin expressed serious concerns about cryptocurrency and digital investments and raised national security implications of large technology companies creating their own coin.


07.11.19

Upcoming Changes to EB-5 Visa Regulations for Foreign Investors

In January 2017, the Department of Homeland Security (DHS) proposed to change the EB-5 Visa regulations to raise the minimum investment thresholds for eligibility, modify designations and definitions relating to targeted employment areas, and enhance regional center oversight.


07.11.19

British Airways and Marriott Face Record-Breaking GDPR Fines

The U.K. Information Commissioner’s Office (ICO) announced headline grabbing proposed fines against British Airways and Marriott International, Inc. for alleged violations of the EU’s General Data Protection Regulation (GDPR).


07.11.19

Late-Night Hearing on CCPA Amendments Delivers Mixed Bag

In a late-night hearing on Tuesday, the California State Senate’s Judiciary Committee deliberated on a suite of proposed amendments to the state’s comprehensive new privacy law, the California Consumer Privacy Act (CCPA).


07.09.19

Medicare Part D Out-of-Pocket Caps and Enrollee Spending

High out-of-pocket costs can be a significant barrier to access for Part D enrollees, especially for non-low-income subsidy (LIS) enrollees with a condition that requires an expensive specialty drug for treatment.


07.09.19

Influencer Disclosures: FTC Helps ERSP Secure Alo Yoga’s Cooperation

In a win for self-regulation, eight months after referring a matter involving Instagram posts for Alo Yoga to the FTC, the Electronic Retailing Self-Regulation Program (ERSP) secured the company’s agreement to modify the posts to bring them into compliance with the FTC’s Endorsement ...


07.09.19

NAD Recommends Baby Monitor Improve Disclosure of Information Gathering

Product disclosures for Owlet Baby Care’s Smart Sock baby monitor should be modified to make clear to consumers the “information-gathering nature of the device,” the National Advertising Division (NAD) recommended in a new decision.


07.09.19

Court Holds Delta’s Privacy Policy Isn’t a Contract

Delta Air Lines scored a victory when a California federal court granted the company’s motion to dismiss a putative class action based on a data breach, primarily by arguing that its publicly posted privacy policy is not a contract and Delta did not have any enforceable obligation to keep the ...