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The Blacklisting Rules Are Coming: What Federal Contractors Need to Know
October 13, 2016

The Blacklisting Rules Are Coming: What Federal Contractors Need to Know

By: Jessica Feil and George Calhoun
The Federal Acquisition Regulation final rule implementing the “Fair Play and Safe Workplaces” Executive Order 13673 was issued on August 25, 2016, and the rule goes into effect on October 25, 2016. This new regulation presents a significant change – and potential challenge – for major government contractors. President Obama signed Executive Order 13673, often referred to as the “Blacklisting” order, on July 31, 2014. The stated goal of the order is to “increase efficiency and cost savings in the work performed by parties who contract with the Federal Government by ensuring that they understand and comply with labor laws.” On their face, the Order and regulations provide new instructions for Federal contracting officers to consider a contractor’s compliance with certain Federal and State labor laws as a part of the determination of contractor “responsibility” that contracting officers must undertake before awarding a Federal contract. But what do the Blacklisting Order and the final rule really do? Mandatory Reporting of Labor Law Violations The new rule imposes significant reporting obligations on federal... Read more
What the Payday Proposal Would Do
June 3, 2016

What the Payday Proposal Would Do

By: Jessica Feil

The Consumer Financial Protection Bureau (CFPB) has proposed a new rule to regulate payday lending and auto-title loan companies. Right now, it is merely a proposal, meant to undergo the notice and comment period until September 14, 2016. But if the rule goes into effect, it would be a significant imposition on the lending business…. Read More

CFPB Scare Tactics: The New Arbitration Rules
May 5, 2016

CFPB Scare Tactics: The New Arbitration Rules

By: George Calhoun

Recently, I wrote about the CFPB’s plans to issue new regulations restricting arbitration clauses in certain consumer contracts.  Today, the agency announced those new rules and CFPB Director Richard Cordray is expected to discuss them at the agency’s field hearing in Albuquerque, New Mexico.  As expected, the new rules eliminate the use of class action… Read More

Judge Flunks Case Against LabMD, FTC Appeals
April 20, 2016

Judge Flunks Case Against LabMD, FTC Appeals

By: Jeffrey Hamlin

In March 2015, I wrote about the ongoing dispute between the FTC and LabMD, an Atlanta-based cancer screening laboratory, and looked at whether the FTC has the authority to take enforcement action over data-security practices alleged to be insufficient and therefore “unfair” under section 5(n) of the Federal Trade Commission Act (“FTCA”). On November 13,… Read More

In the past few years, many organizations such as Capital One, Bass Pro Outdoor, and the Cosmopolitan Hotel have faced class actions alleging violations of California’s call recording law.  This week, California’s Attorney General demonstrated that her office, working with state prosecutors, will also vigorously enforce the law under the state’s criminal statutes.  Attorney General… Read More

The Office of the Inspector General, which enforces Health and Human Services, has long been averse to referral services that don’t meet certain criteria.  To get protection against a possible enforcement action, the referral service can’t exclude anyone from participating in the service, and payments for referrals have to be reasonable and cannot be tied… Read More

On March 15, 2016, national retailer Lord & Taylor agreed to settle FTC charges that it “deceived consumers by paying for native advertisements.” The settlement is the first of its kind following the December 2015 guidance memorandum, Native Advertising: A Guide for Businesses, issued by the FTC. Under the terms of the settlement, Lord &… Read More

Despite not being explicitly mentioned in the Constitution, the Supreme Court has firmly held that a right to privacy for all Americans is found in several amendments to the Constitution, with almost 100 years of case law providing precedent for many personal privacy rights that have become a cornerstone of American culture. However, in this… Read More

CFPB No-Action Letters Are No Help
March 1, 2016

CFPB No-Action Letters Are No Help

By: George Calhoun

In the age of handheld banking apps, private funds transfer systems, and digital currencies, ensuring that new products are fair to consumers and compliant with existing – and sometime archaic – regulations are difficult tasks. The Bureau of Consumer Financial Protection (“CFPB”) recently finalized a new policy for providing “no-action letters” (“NALs”) to companies seeking… Read More

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