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The FTC Kills Noncompetes
FEATURED
April 30, 2024
The FTC Kills Noncompetes
By: George Calhoun
In a groundbreaking move that will reshape the workplace and many litigation practices nationwide, the FTC has issued a final rule that effectively bans all employee non-compete clauses. Approximately 30 million Americans currently work under a non-compete clause. All but a few applicable to senior executives will be void upon the effective date of the rule. After the rule is effective, no new non-compete clauses will be enforceable, even for senior executives. Noncompetition clauses have long been a contentious issue in the labor market. Employers claim that they protect intellectual property, trade secrets, and business interests. Employees find that such agreements limit worker mobility and suppress wages. According to FTC chairperson Lina Khan, “Noncompete clauses keep wages low, suppress new…
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Ad-Tech Europe: The Moving Target Marking Targeted Advertising
April 26, 2024
Ad-Tech Europe: The Moving Target Marking Targeted Advertising
By: Nicole Kardell
The European Data Protection Board (“EDPB”) recently published an opinion on the legality of pay-or-consent models for online platforms offering services in Europe. While the opinion is non-binding and limited to “large online platforms[1],” companies that offer platforms large and small in Europe should pay attention to the EDPB’s analysis—it will inform their future guidance for entities large and small. The upshot: Pay-or-consent models [for…
Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting
April 1, 2024
Social Media Networks’ Section 230 Immunity on the Chopping Block? New York Court Allows Claims to Proceed Stemming from Buffalo Shooting
By: Michelle Cohen
Since 1996, Internet platforms and social media companies have relied on a federal law, Section 230 of the Communications Decency Act, to protect them from liability for civil law claims stemming from content on their platforms. As the influence of platforms like Facebook, Twitter (now X), and others has grown, members of Congress, consumer groups, and other stakeholders have urged Congress to restrict or repeal…
Wells Fargo Learns That Recording Calls In California Can Be Costly
April 5, 2016
Wells Fargo Learns That Recording Calls In California Can Be Costly
By: Michelle Cohen
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 Harris announced an $8.5 million dollar settlement with Wells Fargo…
Arbitration Under Fire: Brace Your Company for Less Contract Freedom and More Class Actions
March 31, 2016
Arbitration Under Fire: Brace Your Company for Less Contract Freedom and More Class Actions
By: George Calhoun
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 within a service agreement between DirecTV and its customers.[1] But…
To Refer, Or Not To Refer? OIG’s Outdated Health Care Referral Restrictions
March 21, 2016
To Refer, Or Not To Refer? OIG’s Outdated Health Care Referral Restrictions
By: Drew Barnholtz
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 to the volume or value of the referrals that are…
Good Lord, & Taylor! Of Course You Need to Disclose Native Ads
March 16, 2016
Good Lord, & Taylor! Of Course You Need to Disclose Native Ads
By: Ifrah Law
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 & Taylor is prohibited from “misrepresenting that paid ads are from…
Latest German Sausage? Privacy-Wurst by Facebook
March 10, 2016
Latest German Sausage? Privacy-Wurst by Facebook
By: Ifrah Law
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 new digital age of rapid technology change, with real-time access…
