| 1 | Wiley Rein: Reminder: FCC CALM Act Rules Take Effect ... This Law Firm Publication by Wiley Rein LLP discusses the Federal Communications Commission's (FCC) Commercial Advertisement Loudness Mitigation (CALM) Act rules. The rules regulate the loudness level of commercial advertisements on television and take effect December 13, 2012. | Articles | 31-Oct-2012 |
| 2 | Wiley Rein: CFPB Launches Inquiry Into Effectiveness of ... This Law Firm Publication by Wiley Rein LLP discusses the Consumer Financial Protection Bureau's (CFPB) recent inquiry into how consumers and financial services companies are affected by arbitration and arbitration clauses. The publication discusses how the CFPB's study and any subsequent rulemaking proceeding could affect a broad range of businesses. | Articles | 26-Apr-2012 |
| 3 | The Rise of the "Private Surgeon General" An Article discussing some of the major challenges that "private Surgeon General" suits pose to product manufacturers, and offering practical guidance on how to effectively defend these suits. | Articles | 19-Nov-2010 |
| 4 | Sponsorship Arrangements in the US This Note discusses various forms of sponsorship arrangements and summarizes key legal and business issues to consider when negotiating a sponsorship agreement. | Practice Notes | Maintained |
| 5 | Skadden: Consumer Financial Protection Bureau Inquiry Into ... This Law Firm Publication by Skadden, Arps, Slate, Meagher & Flom LLP discusses the Consumer Financial Protection Bureau's efforts to obtain comments, proposals, and data relating to bank account overdraft protection programs from consumer groups and financial institutions. | Articles | 12-Apr-2012 |
| 6 | Seyfarth Shaw: “Total” Victory for Employers: Labor Code ... This Seyfarth Shaw memorandum discusses California Labor Code Section 226 which requires employers to provide employees with an accurate itemized statement showing the wages earned during a pay period, including the total hours worked. | Articles | 22-Jul-2010 |
| 7 | Seyfarth Shaw: Winter Workerland... Tips for Supplementing ... This Seyfarth Shaw LLP memorandum discusses some of the key issues for companies to consider when hiring seasonal employees. | Articles | 11-Nov-2010 |
| 8 | Seyfarth Shaw: Wage and Hour Division Issues New Child ... This Seyfarth Shaw memorandum discusses the Department of Labor’s Wage and Hour Division’s publication of a final rule addressing a number of issues related to youth employment in non-agricultural occupations. | Articles | 20-May-2010 |
| 9 | Seyfarth Shaw: The Landscape of Patent Litigation Has ... This Seyfarth Shaw LLP memorandum discusses impact the Leahy-Smith America Invents Act (AIA) has on retailers involved in patent litigation. The AIA's new joinder provision aims to reduce multi-defendant litigation, which may decrease litigation for retailers with an online presence. The AIA's false marking provision may reduce false marking claims against retailers that inadvertently sell products with improper or expired patents on products. | Articles | 11-Oct-2011 |
| 10 | Seyfarth Shaw: Take a Seat: Second Court in as Many Months ... This Seyfarth Shaw LLP memorandum discusses the California Court of Appeal decision in Home Depot U.S.A. v. Superrior Court holding that the California Labor Code Private Attorney General Act of 2004 (PAGA) provides employees who claim they have been unreasonably denied "suitable seats" with a private right of action to sue for civil penalties of up to $200 per employee, per pay period. The court agreed with a recent decision in Bright v. 99¢ Only Stores. | Articles | 01-Feb-2011 |
| 11 | Seyfarth Shaw: Retail Employers with New York Facilities ... This Seyfarth Shaw LLP memorandum discusses the New York Wage Theft Prevention Act which takes effect on April 9, 2011. The Act modifies the New York Labor Law, including harsher penalties for Labor Law violations and expanded enforcement powers for the New York Department of Labor. For retail employers, the Act requires the posting of notices relating to rates of pay, pay dates and other wage-related information. | Articles | 01-Apr-2011 |
| 12 | Seyfarth Shaw: Retail Employers Should be Mindful of Safety ... This Seyfarth Shaw LLP memorandum discusses Occupational Safety and Health Administration (OSHA) recommendations for crowd management plans and other steps retailers should take to address safety concerns during the holiday shopping season. | Articles | 15-Nov-2010 |
| 13 | Seyfarth Shaw: Retail Detail - Staying Ahead of OSHA This Seyfarth Shaw memorandum discusses the Occupational Safety and Health Administration (OSHA) implementing new policies and aggressively stepping up enforcement against employers, particularly in the areas of ergonomics and providing safety training in employees' native languages. | Articles | 24-Aug-2010 |
| 14 | Seyfarth Shaw: Proposed New Lease Accounting Rule ... This Seyfarth Shaw LLP memorandum discusses the impact on the retail industry of a joint FASB-IASB proposal to change the lease accounting standard for lessors and lessees, which among other things would eliminate the distinction between operating and capital leases. | Articles | 10-Sep-2010 |
| 15 | Seyfarth Shaw: Manufacturers and Retailers Beware: The ... This Seyfarth Shaw memorandum discusses how the use of cadmium in consumer products is drawing heightened scrutiny at both the state and federal level and that a number of state legislatures have passed legislation restricting the use of cadmium in children’s jewelry. | Articles | 20-May-2010 |
| 16 | Seyfarth Shaw: ICE Fines Abercrombie & Fitch Based on Its ... This Seyfarth Shaw LLP memorandum discusses an Immigration and Customs Enforcement (ICE) settlement with the clothing retailer Abercrombie & Fitch over violations of provisions of the Immigration and Nationality Act requiring an employer to verify the employment eligibility of its workers through the Form I-9 process. | Articles | 06-Oct-2010 |
| 17 | Seyfarth Shaw: FTC Accepting Comments on Proposed ... This Seyfarth Shaw LLP memorandum discusses the Federal Trade Commission's (FTC's) proposed revisions to its guidance to help marketers avoid making misleading environmental claims (known as the Green Guides). | Articles | 07-Oct-2010 |
| 18 | Seyfarth Shaw: Department of Justice Issues Final ADA ... This Seyfarth Shaw memorandum discusses the Department of Justice's unveiling of several important regulatory actions related to the Americans with Disabilities Act (ADA) that will impact all businesses that open their doors to the public, which include a Final Rule that revises the existing regulations for Title III of the ADA governing public accommodations and commercial facilities, and two Advanced Notices of Proposed Rulemaking under Title III of the ADA covering public accommodation websites, equipment, and furniture. | Articles | 28-Jul-2010 |
| 19 | Seyfarth Shaw: California Second District Court of Appeal ... This Seyfarth Shaw LLP memorandum discussed the California Second Distrct Court of Appeal decision in Mora v. Big Lots Stores affirming an order denying certification of a class of retail store managers, alleging they were misclassified as exempt employees. The court held that the evidence submitted by the parties showed that there was a wide variance in how the manager class members performed duties and significant differences among the stores managed. | Articles | 22-Apr-2011 |
| 20 | Seyfarth Shaw: California Flammability Standards for ... This Law Firm Publication by Seyfarth Shaw LLP discusses a new executive order signed by California's Governor Edmund G. Brown, Jr. This executive order directs state agencies to revise California's flammability standards for upholstered furniture sold in the state. | Articles | 21-Jun-2012 |
| 21 | Seyfarth Shaw: California Court Prohibits Retailers from ... This Seyfarth Shaw LLP memorandum discusses the California Supreme Court's February 10, 2011 decision holding that because a zip code is personal identification information under the Song Beverly Credit Card Act, retailers may not request this information from consumers purchasing merchandise with credit cards. | Articles | 01-Feb-2011 |
| 22 | Sales Promotions, Contests and Sweepstakes Checklist This Checklist provides an overview of the key issues to consider when planning and advertising contests, sweepstakes and other sales promotions. | Checklists | Maintained |
| 23 | Publicity Waiver and Release A waiver of privacy and publicity rights, and release of corresponding legal claims. It assumes that the waiver and release is being given by a member of the general public in connection with a company's public or commercial use of the individual's name, likeness or other personal characteristics or private information. It must be tailored to the particular circumstances in which the company is obtaining the waiver and release. This Standard Document has integrated notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 24 | Product Liability Claims, Defenses and Remedies A Practice Note discussing the key legal issues to consider when litigating product liability suits in the US. Specifically, this Note addresses the various substantive claims alleged by product liability plaintiffs, affirmative defenses asserted by defendants and the remedies available to successful plaintiffs. | Practice Notes | Maintained |
| 25 | Online Behavioral Advertising: Trends and Developments Online behavioral advertising programs, which target consumers based on their interests and preferences, have recently faced enhanced scrutiny from consumer advocates and regulators. This article explores the evolving legal and self-regulatory landscape of online behavioral advertising, and outlines key practical considerations for companies. | Articles | 24-Jun-2011 |
| 26 | Online Advertising and Marketing An overview of online advertising regulation in the US, focusing on the key legal issues to consider when planning an online advertising campaign. This Note is currently being updated to reflect the release of the FTC's revised online advertising disclosure guidelines and other recent developments in online advertising and marketing law. | Practice Notes | Maintained |
| 27 | Mobile Marketing: What Companies Need to Know A practical guide for companies on the use of mobile marketing, focusing on how best to comply with the evolving patchwork of regulations in an increasingly connected marketplace. | Articles | 29-Jun-2010 |
| 28 | Kelley Drye: Third Circuit Indicates Judicial Disenchantment ... This Kelley Drye & Warren LLP memorandum discusses the US Court of Appeals for the Third Circuit's decision in Pernod Ricard USA, LLC v. Bacardi USA, Inc. The Third Circuit held that consumer surveys are not required where the court finds, as a matter of law, that no reasonable consumer could be deceived by advertising statements. This case highlights a trend away from the use of consumer surveys in false advertising cases. | Articles | 08-Aug-2011 |
| 29 | Kelley Drye: Supreme Court Rules on Generic Drug Labeling ... This Kelley Drye & Warren LLP memorandum discusses a recent Supreme Court decision, Pliva, Inc. v. Mensing, which held that Food and Drug Administration (FDA) regulations preempt state laws requiring generic drug manufacturers to change warning labels that provide state-defined adequate warnings. The ruling protects generic drug manufacturers from state tort claims based on failure to strengthen warning labels. | Articles | 29-Jul-2011 |
| 30 | Kelley Drye: Senators Kerry and McCain Introduce Consumer ... This Kelley Drye & Warren LLP memorandum discusses newly proposed legislation aimed at protecting consumers' personal information accessible through online and offline channels. The Commercial Privacy Bill of Rights Act of 2011 creates protections including consumer notice before collecting information and opt-in or out consent mechanisms depending on the type of information collected. | Articles | 13-Apr-2011 |
| 31 | Kelley Drye: Representatives Stearns and Matheson Introduce ... This Kelley Drye & Warren LLP memorandum discusses the Consumer Privacy Protection Act of 2011 which provides consumers with control over the use of personal information collected online and offline. Protections include consumer notice requierments and the ability for consumers to limit disclosures of personal information to third parties. | Articles | 15-Apr-2011 |
| 32 | Kelley Drye: Recent Decision Applies Prior Substantiation ... This Law Firm Publication by Kelley Drye & Warren LLP discusses Stanley v. Bayer Healthcare, LLC, No. 3:11-cv-00862, 2012 WL 1132920 (S.D. Cal. Apr. 3, 2012), a case where the Southern District of California held that an alleged lack of substantiation for an advertising representation is insufficient to state a claim under the California Unfair Competition Law or Consumer Legal Remedies Act. The publication discusses the case's factual background and the court's legal holdings. | Articles | 30-Apr-2012 |
| 33 | Kelley Drye: Product Endorsements and Testimonials This Kelley Drye & Warren LLP memorandum discusses the FTC guidelines that regulate product endorsements and testimonials. The FTC guidelines provide general rules applying to all types of endorsements. They also set out specific rules for consumer and celebrity endorsements, expert and organization endorsements and payments for endorsements. | Articles | 11-Jul-2011 |
| 34 | Kelley Drye: New Consumer Products Law Provides Limited ... This Kelley Drye & Warren LLP memorandum discusses H.R. 2715, a new consumer products law. H.R. 2715 addresses some of the inadequacies of the Consumer Product Safety Improvement Act of 2008 (CPSIA) while simultaneously granting more enforcement authority to the Consumer Product Safety Commission (CPSC). The law makes changes to third-party testing requirements, the CPSIA's lead and phthalates limits, tracking labels and the Publicly Available Consumer Product Safety Information Database. | Articles | 16-Aug-2011 |
| 35 | Kelley Drye: IOM Issues Phase I Report Regarding Front-of ... This Kelley Drye & Warren LLP memorandum discusses the first phase of an Institute of Medicine (IOM) study mandated by Congress to examine "front-of-package" nutrition labeling systems and symbols and the effects that front-of-package labeling could have on consumer food choices. | Articles | 21-Oct-2010 |
| 36 | Kelley Drye: FTC Releases Proposed Revisions to Children's ... This Kelley Drye & Warren LLP memorandum discusses the Federal Trade Commission's (FTC's) proposed amendments to its rule implementing the Children's Online Privacy Protection Act (COPPA Rule). The proposed amendments include changes to the COPPA Rule's definitions, parental notice and consent requirements, and safe harbor provisions. The memo also discusses new requirements for security safeguards and data retention and deletion. The proposed amendments would affect commercial websites and online services directed to children under the age of 13. | Articles | 16-Sep-2011 |
| 37 | Kelley Drye: FTC Releases Proposed Framework for ... This Kelley Drye & Warren LLP memorandum discusses the FTC report on consumer data privacy, Protecting Consumer Privacy in an Era of Rapid Change, which proposes a new framework to be implemented by commercial entities regardless of whether they interact directly with consumers. | Articles | 08-Dec-2010 |
| 38 | Kelley Drye: FTC Releases Proposed Changes and New ... This Kelley Drye & Warren LLP memorandum discusses the Federal Trade Commission's (FTC's) proposed revisions to its Guides for the Use of Environmental Marketing Claims (also known as the Green Guides). | Articles | 07-Oct-2010 |
| 39 | Kelley Drye: Food Retailers Face New Calorie Disclosure ... This Kelley Drye & Warren LLP memorandum discusses new calorie disclosure requirements for food retailers under Section 4205 of the Patient Protection and Affordable Care Act, which amends the Federal Food Drug and Cosmetic Act . | Articles | 31-Mar-2010 |
| 40 | Kelley Drye: FDA Seeks Public Comment on Nutritional ... This Kelley Drye & Warren LLP memorandum discusses the FDA's request for public comments on the nutritional disclosures requirements for retail food outlets under the Federal Food, Drug & Cosmetic Act. | Articles | 13-Jul-2010 |
| 41 | Kelley Drye: FDA Continues Study of Direct-to-Consumer ... This Law Firm Publication by Kelley Drye & Warren LLP announces the FDA's notice to solicit comments on its proposed research entitled Experimental Study: Examination of Corrective Direct-to-Consumer (DTC) Television Advertising. The FDA’s proposed research will examine how corrective advertising may impact consumer misperceptions arising from false or misleading advertising about the safety and efficacy of prescription drugs. | Articles | 28-Feb-2012 |
| 42 | Kelley Drye: EPA Announces Proposed Policy Statement ... This Kelley Drye & Warren LLP memorandum discusses a proposed policy statement issued by the Environmental Protection Agency (EPA) on products containing nanoscale materials. The EPA proposes to implement new reporting requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for pesticide registrants and applicants of new pesticide products. These include mandatory reporting of the presence of nanoscale materials in pesticides and other relevant information to determine whether a pesticide causes unreasonable adverse effects on the environment. The proposal also defines "nanoscale material" and creates a presumption that identifies nanoscale materials as "new ingredients" for purposes of registration under FIFRA. | Articles | 13-Jul-2011 |
| 43 | Kelley Drye: CPSC Opens Comments on Proposed Consumer ... This Kelley Drye & Warren LLP memorandum discusses the Consumer Product Safety Commission’s opening of the comment period on the proposed consumer product safety information database. | Articles | 11-Jun-2010 |
| 44 | Kelley Drye: CPSC Issues Revised Recall Handbook and ... This Law Firm Publication by Kelley Drye & Warren LLP discusses the Consumer Product Safety Commission's (CPSC) revised Recall Handbook and newly published Guidelines for Retailers and Reverse Logistics Providers. The publication highlights the new provisions and updates in the Recall Handbook. | Articles | 02-Mar-2012 |
| 45 | Kelley Drye: CPSC Issues Proposed Rules Governing ... This Kelley Drye & Warren LLP memorandum discusses the Consumer Product Safety Commission’s proposed rules governing conformity certificate testing, including the requirement for a "reasonable testing program" and component part testing. | Articles | 07-Jun-2010 |
| 46 | Kelley Drye: CPSC Approves Final Rule on Civil Penalty ... This Kelley Drye & Warren LLP memorandum discusses the Consumer Product Safety Commission’s approval of a Final Rule that identifies and interprets factors it will consider when seeking civil penalties for knowing violations of the Consumer Product Safety Act, Federal Hazardous Substances Act and Flammable Fabrics Act. | Articles | 01-Apr-2010 |
| 47 | Kelley Drye: CPSC Approves Final Rule Imposing Structure ... This Kelley Drye & Warren LLP memorandum discusses a final rule issued by the Consumer Product Safety Commission (CPSC) setting forth the structure of a consumer complaint database to be made available to the public under the Consumer Product Safety Improvement Act of 2008. | Articles | 09-Dec-2010 |
| 48 | Kelley Drye: CPSC Announces First Civil Penalty Enforcing ... This Kelley Drye & Warren LLP memorandum discusses the Consumer Product Safety Commission’s settlement with Daiso Holding USA and others requiring Daiso to pay a $2 million fine and create a product safety program. | Articles | 12-Mar-2010 |
| 49 | Kelley Drye: Consumer Product Safety Commission Reporting ... This Kelley Drye & Warren LLP memorandum discusses frequently asked questions about Consumer Product Safety Commission (CPSC) reporting requirements, including requirements for domestically and internationally sold products, safety hazards and lawsuits. The memo also provides an overview of general certifications and third-party testing requirements, the risks and penalties for failure to meet reporting requirements and ways to correspond and work with the CPSC. | Articles | 04-Aug-2011 |
| 50 | Kelley Drye: Commerce Department Releases Dynamic ... This Kelley Drye & Warren LLP memorandum discusses the US Department of Commerce release of its report, Commercial Data Privacy and Innovation in the Internet Economy: A Dynamic Policy Framework, which presents its version of a commercial online data privacy framework. | Articles | 22-Dec-2010 |
| 51 | Kelley Drye: Broad Consumer Product Safety Laws Become ... This Kelley Drye & Warren LLP memorandum discusses the new consumer product safety laws in Canada and Australia affecting the manufacture, importation or sale of specific types of consumer products, as well as reporting, testing and recall requirements for consumer products that may directly impact US companies. | Articles | 05-Jan-2011 |
| 52 | Kelley Drye: Ban on Coupons and Other Incentive Items ... This Kelley Drye & Warren LLP memorandum discusses the new ordinance passed by the Board of Supervisors for Santa Clara County, California, which prohibits restaurants from providing toys, coupons or other incentive items linked to the purchase of any product containing excessive calorie, fat, saturated fat, sodium, added sugars, or prohibited levels of trans fat, non-nutritive sweeteners, or caffeine. | Articles | 18-May-2010 |
| 53 | Kelley Drye: 'Big Three' Weigh in on Online Privacy: FTC, FCC ... This Kelley Drye & Warren LLP memorandum discusses a joint House, Energy and Commerce Subcommittee hearing on online consumer privacy and online behavioral advertising and tracking. The heads of the Federal Trade Commission (FTC), Federal Communications Commission (FCC), and the National Telecommunications and Information Administration (NTIA) testified on various topics about online consumer privacy issues, including online privacy regulation and enforcement, internet businesses, online behavioral tracking, potential amendments to the Children's Online Privacy Protection Act (COPPA), and data security and social networking issues related to online privacy. | Articles | 19-Jul-2011 |
| 54 | Green Marketing in the US This Note discusses key regulatory requirements and sets out practical tips for companies to consider when engaging in green marketing in the US. | Practice Notes | Maintained |
| 55 | E-mail Marketing: CAN-SPAM Act Compliance A Note discussing the federal CAN-SPAM Act's requirements for commercial e-mails, its enforcement and best practices for compliance. | Practice Notes | Maintained |
| 56 | E-Commerce Payment Mechanisms A discussion of different schemes or mechanisms in the US for making payments online and the related legal issues that may be encountered by customers, traders and financial institutions engaged in online payments. | Practice Notes | Maintained |
| 57 | DLA Piper: State's Price Fixing Claims Against Tempur-Pedic ... This DLA Piper memorandum discusses a New York Supreme Court opinion in New York v. Tempur-Pedic International, Inc., in which the court addressed unilateral suggested resale pricing policies, resale price maintenance (RPM) agreements and minimum advertised price (MAP) programs under NY law. | Articles | 26-Jan-2011 |
| 58 | DLA Piper: New Jersey Zip Code Collection Requirement for ... This DLA Piper memorandum discusses the US District Court of New Jersey's ruling upholding the zip code collection requirement for businesses selling gift cards under subsection 5c of the amendments to the New Jersey Unclaimed Property Law . | Articles | 26-Jan-2011 |
| 59 | DLA Piper: Franchisors Take Note: New York Court Issues ... This DLA Piper memorandum discusses In re Jennifer Convertibles, Inc. in the US Bankruptcy Court for the Southern District of New York. The court examined Sections 365(e) and 365(b)(2) of the Bankruptcy Code and held that a creditor's cross-default provision would violate federal bankruptcy policy if interpreted to require payment in full of all third party vendors to cure a default. Ultimately, the court held that the debtors could assume trademark license agreements with any payment default cured by the payments outlined in the reorganization plan. | Articles | 24-Feb-2011 |
| 60 | Customer Loyalty Programs in the US This Practice Note surveys the relevant US antitrust law and discusses current issues surrounding its application to customer loyalty programs including bundling, rebates or exclusive dealing arrangements. | Practice Notes | Maintained |
| 61 | Comparative Advertising Law in the US An overview of comparative advertising law in the US, focusing on the treatment of comparative advertising claims by the Federal Trade Commission and the National Advertising Division of the Council of Better Business Bureaus, and the challenges of contesting comparative advertising claims under the Lanham Act. | Practice Notes | Maintained |
| 62 | Challenging a Comparative Advertisement Checklist A Checklist setting out five key methods for challenging a comparative advertisement and identifying issues to consider in determining which method (or methods) to pursue. | Checklists | Maintained |
| 63 | Cause-Related Marketing by For-Profit Companies Checklist A Checklist identifying key issues and setting out best practices that a for-profit company should consider when collaborating with a charity on a cause marketing campaign promoting the sale of the for-profit company's goods or services and the charitable cause that will benefit from these sales. | Checklists | Maintained |
| 64 | Advertising: Overview An overview of advertising regulation in the US, focusing on the key legal issues to consider when planning an advertising campaign. | Practice Note: Overview | Maintained |
| 65 | Advertising and Marketing Toolkit Resources to assist in identifying key legal and business issues when undertaking advertising and marketing activities. | Toolkits | Maintained |