Thought Leadership - Manatt, Phelps & Phillips, LLP

Kraken Crypto Staking Program for U.S. Investors Shut Down in Aggressive Expansion of the Howey Test

Payward Ventures, Inc., d/b/a Kraken, the cryptocurrency exchange, has entered into a $30 million settlement agreement with the U.S. Securities and Exchange Commission (SEC) over allegations the company failed to register its cryptocurrency staking program, in violation of U.S. securities laws.

FTC Signals New Era of Enforcement with $1.5 Million Penalty for Unauthorized Sharing of Health Data

The Federal Trade Commission announced yesterday that it has brought its first-ever enforcement action under its Health Breach Notification Rule, against digital health platform GoodRx Holdings, Inc.

Employer Uncertainty Post-Dobbs

Five months after the Supreme Court’s Dobbs decision, employers across the country are still wrestling with the unknown consequences and risks of doing something or nothing to help their employees located in states where the procedure is illegal access legal abortion care.

Bots Beware: Website Chat Bots Become Latest Target for California Class Actions

California class action lawyers have turned their sights on a new target: websites that employ “chat bots,” digital assistants that allow companies to communicate with customers without employing live website customer service representatives.

DOL Releases New Rule on Worker Classification

On October 13, 2022, the Department of Labor released a new proposed rule on the question of whether a worker is an employee or an independent contractor under the Fair Labor Standards Act.

California Employers Face Privacy Law Requirements

Following the failure of a measure that would have delayed effectiveness of the California Privacy Rights Act, employers in California now must comply with the state’s privacy law beginning January 1, 2023.

New York Proposes Regulations for AI Use in Employment Decisions

After enacting a measure in 2021 restricting the use of artificial intelligence in employment-related decisions, New York City has released proposed regulations in advance of the new law’s effective date of January 1, 2023.

New DC Law Bans Non-Compete Agreements for Employees Making Below $150,000 Per Year

A new D.C. law that takes effect on October 1, 2022, will significantly limit the ability of employers to tie their District of Columbia-based employees to noncompetition agreements.

CA Fails to Extend Privacy Exemptions for B2B and Employment Data from the CCPA into 2023

Beginning on January 1, 2023, the California Consumer Privacy Act will apply to personal information collected by companies subject to the CCPA about their employees, job applications, and individuals at actual or prospective business customers, vendors, and suppliers.

Post-Dobbs Considerations for Provider Organizations: Navigating State Restrictions on Abortion

In the wake of the Supreme Court’s June 24 decision in Dobbs v. Jackson Women’s Health Organization, more than a dozen states have enacted new laws—or begun to enforce old ones—that prohibit all or most abortions