Newsletters

12.05.19

CMS Approves Washington, DC’s IMD Waiver for Mental Health

On November 6, 2019, the Centers for Medicare and Medicaid Services (CMS) approved Washington, DC’s Behavioral Health Transformation Demonstration, which waives the institution for mental diseases (IMD) exclusion1 for short-term stays in IMDs for mental health and substance use disorder (SUD) ...


12.05.19

Cover Your Eyes: NAD Recommends Pepper Spray Discontinue Claims

The National Advertising Division (NAD) has recommended that an advertiser discontinue performance claims for its pepper spray in a challenge brought by a competitor.  


12.05.19

Rule 40 Changes Create New Olympic Opportunities, Challenges

Advertisers may be able to take advantage of new marketing opportunities during the Olympic Games in 2020 thanks to the U.S. Olympic & Paralympic Committee (USOPC) revising their guidance around Rule 40 of the Olympic Charter.  


12.04.19

OCC, FDIC Propose Madden Fix Regulations

In a welcome development for fintechs, lenders and investors, the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) separately have proposed regulations to address the substantial uncertainty created by the Second Circuit’s decision in Madden ...


12.04.19

Disgorgement: One Less Arrow in the SEC’s Quiver?

Can the Supreme Court’s 2017 decision in Kokesh v. SEC, which found that disgorgement is a penalty and not an equitable remedy for statute of limitations purposes, be logically expanded to spell the end of the SEC’s long-standing and widely accepted practice of seeking disgorgement from ...


12.02.19

Content Changes Challenge YouTube Creators; FTC to the Rescue

Changes to YouTube’s policy with regard to the labeling of videos with child-directed content have creators struggling to achieve compliance.


12.02.19

California’s ‘Housing Crisis Act of 2019’

SB 330, signed into law on October 9, 2019, and effective January 1, 2020, substantially limits the ability of municipalities to disapprove housing projects, condition housing projects to reduce density, or levy excessive standards on housing projects that raise costs and extend the permitting ...


11.27.19

Supreme Court Books ‘Booking.com’ Trademark Dispute

The Supreme Court has agreed to answer the question of whether the addition of “.com” can transform an otherwise generic term into a protectable trademark.


11.27.19

FTC Closes Inquiry Into Textile Act Violations

Continuing its focus on country-of-origin claims, the Federal Trade Commission (FTC) recently closed an investigation into claims made by Thomaston Mills about its products covered by the Textile Products Identification Act.  


11.27.19

Photographer Doubles Down On Tweet Copyright Protection

The issue of copyright protection for a tweet embedded in news stories has popped up again in New York federal court.