Alerts

On August 18, 2014, the US Court of Appeals for the Ninth Circuit issued an opinion sending website owners a clear warning that the onus is on them to put users on notice of the terms of use to which they wish to bind consumers.

Recent revisions to Federal Trade Commission (FTC) compliance materials offer new clarity on the Children’s Online Privacy Protection Act (COPPA) Rule and provide businesses with several new tools to consider as they determine how to comply with the Rule’s requirements.

Complex Litigation partner Debra Albin-Riley and associate Lynn R. Fiorentino have developed a CLE program on Proposition 65, a broad-reaching consumer protection statute that has the potential to impact businesses that manufacture, sell, or distribute products in California.

On August 11, 2014, New Jersey Governor Chris Christie (R) signed “ban the box” legislation, making New Jersey the 13th state to adopt such a law.

Arent Fox’s Telecom Deadlines and Headlines brings you the most recent legal developments affecting the telecommunications industry.

The Federal Arbitration Act (FAA) applies to two agreements relating to real estate in New York and a third agreement relating to real estate in Florida because they “affect interstate commerce,” the court ordered that the arbitration panel, should rule whether the claims were time-barred.

On August 8, 2014, the National Collegiate Athletic Association (NCAA) Division I Board of Directors (the Board), in a groundbreaking measure, voted 16–2 to grant the so-called “Power Five” conferences significantly expanded autonomy in how those conferences govern themselves.

In a landmark ruling for college athletes, US District Judge Claudia Wilken ruled that the National Collegiate Athletic Association (NCAA) cannot stop players from selling the rights to their names, images, and likenesses to the schools that they attend.

In an IP-related story that seems ripped from the headlines of The Onion, a British photographer has claimed exclusive ownership of a Nat Geo-worthy image of a smiling crested black macaque that was shot with his camera during his 2011 trip to Indonesia. The twist? The monkey took the photo.

As part of the Federal Trade Commission’s (FTC) regular rule and guidelines review process, it recently reviewed the rule governing the “Use of Prenotification Negative Option Plans” (Negative Option Rule).

As the crisis in Ukraine intensifies and broadens, more foreign investment is likely to find itself caught in the crossfire. The situation raises novel questions about the application of Ukraine’s many investment treaties in the context of armed conflict and belligerent occupation.

The Third Circuit agreed with the Bankruptcy Courts finding that the proposed releases were not adequately disclosed to the bondholders as required by Bankruptcy Rule 3016(c), and therefore would not be approved.

After announcing planned additional sanctions in the energy and military end-use sectors, the European Union and the United States both made good on their promises.

The French luxury goods conglomerate LVMH Moët Hennessy Louis Vuitton S.A. (LVMH) recently settled its long-running court battle with eBay, Inc. over the online auction website’s alleged distribution of counterfeit luxury goods.

On July 29, 2014, the General Counsel of the National Labor Relations Board (NLRB or Board), Richard Griffin, authorized NLRB Regional Directors to file unfair labor practice complaints against McDonald’s as an alleged “joint employer” alongside its local franchisees.

On July 11, 2014, amendments designed to reform Medicare regulations that the Centers for Medicare and Medicaid Services (CMS) has identified as “unnecessary, obsolete, or excessively burdensome on health care providers and suppliers” became effective.

A 2014 bill protects NY unpaid interns from discrimination based on age, race, creed, color, origin, orientation, or military/domestic violence victim status.

. TRIA provides a federal backstop given that catastrophic terrorism is an uninsurable risk, as described in a 2014 RAND Corporation analysis. Congress approved two TRIA extensions with reforms in 2005 and 2007.

On July 21, 2014, President Barack Obama issued an Executive Order (the Order) prohibiting employment discrimination based on sexual orientation and gender identity by federal contractors and agencies.

On July 14, 2014, the US Equal Employment Opportunity Commission (EEOC) issued a new Enforcement Guidance on “Pregnancy Discrimination and Related Issues.”

On July 14, 2014, the DC Council unanimously approved the Fair Criminal Record Screening Act (the Act) that bars private employers from asking about an applicant’s criminal conviction record until the employer has extended a conditional job offer.