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Legislation, Regulation Posts
The Blacklisting Rules Are Coming: What Federal Contractors Need to Know
Oct 13, 2016
The Blacklisting Rules Are Coming: What Federal Contractors Need to Know
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…
Arbitration Under Fire: Brace Your Company for Less Contract Freedom and More Class Actions
Mar 31, 2016
Arbitration Under Fire: Brace Your Company for Less Contract Freedom and More Class Actions
Since the Federal Arbitration Act (FAA) of 1925, the United States has had a policy preference for arbitration, even when an arbitration provision includes language barring class action litigation. We saw this most recently in December 2015 when the Supreme Court reversed a decision by a California Court of Appeal to invalidate a class-arbitration waiver…
To Refer, Or Not To Refer? OIG’s Outdated Health Care Referral Restrictions
Mar 21, 2016
To Refer, Or Not To Refer? OIG’s Outdated Health Care Referral Restrictions
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…
CFPB No-Action Letters Are No Help
Mar 1, 2016
CFPB No-Action Letters Are No Help
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…
Halting Business And Seizing A Domain Without A Moment’s Notice
Jan 15, 2016
Halting Business And Seizing A Domain Without A Moment’s Notice
Photo credit: Wikipedia Commons- Uploaded by NativeForeigner Every year, the Consumer Electronics Show in Las Vegas proves to be one of the more interesting conventions to attend. 2016 did not disappoint: companies showed off cool innovations in displays, robotics, and integrated smart technology across the consumer products platform. Adding to the excitement at this year’s…
The Federal Wiretap Act and the Law of Unintended Consequences
Mar 2, 2015
The Federal Wiretap Act and the Law of Unintended Consequences
The law of unintended consequences – a distant cousin of Murphy’s Law – states that the actions of human beings will always have effects that are unanticipated and unintended. The law could prove a perfect fit for recent efforts by class action counsel to rely upon the Federal Wiretap Act in lawsuits arising from…
For-Profit Education Flunking Regulations Overload 101
Sep 15, 2014
For-Profit Education Flunking Regulations Overload 101
The last few years have been tough on the for-profit education industry – it’s not easy being the target of a host of federal and state investigations. For-profit educators have been poked and prodded by, among others, the U.S. Congress, a coalition of state attorneys general, the Consumer Financial Protection Bureau, the Federal Trade…
Google/Viacom Win Video Privacy Protection Act Case – Common Sense Finally Emerges
Aug 4, 2014
Google/Viacom Win Video Privacy Protection Act Case – Common Sense Finally Emerges
In an important decision in a federal court case in New Jersey, In Re Nickelodeon Privacy Litigation, Google and Viacom obtained a dismissal of a claim against them under the Video Privacy Protection Act (“VPPA”). The decision narrows the scope of who can be liable under the VPPA and what information is within the…
TCPA Litigation Explosion Leads to Rule Clarifications
Apr 10, 2014
TCPA Litigation Explosion Leads to Rule Clarifications
Congress enacted the Telephone Consumer Protection Act (“TCPA”) to protect consumers from unwanted telemarketing, fax marketing, and prerecorded/auto-dialed phone calls. Recently, there has been an explosion in TCPA litigation, including class action litigation. In response, several parties have asked the Federal Communications Commission (“FCC”) to clarify certain of the agency’s TCPA rules to provide relief…
Electronic Cigarette Advertising Practices Draw Legislative Attention – Will Regulations Follow?
Mar 6, 2014
Electronic Cigarette Advertising Practices Draw Legislative Attention – Will Regulations Follow?
Advertisements for electronic cigarettes, or “e-cigarettes,” are increasingly drawing scrutiny from consumer advocates and public health groups who are calling for the federal government to regulate these advertisements in the same manner that traditional cigarette advertisements are regulated. The e-cigarette industry is growing at a rapid pace, particularly among younger people. Last year, the industry…
