Articles

10.14.16

Second Circuit Affirms Liability for Manager of Affiliate Marketers

The Second Circuit Court of Appeals agreed with the Federal Trade Commission that a company that managed a network of affiliate marketers could be liable for fake news sites that deceptively promoted weight loss products, even though the company did not create the sites. Until it ceased operations ...


10.14.16

FDA Releases Interim Guidance on “Healthy” Labeling

New interim guidance from the Food and Drug Administration eased the restrictions on foods that can be labeled as “healthy,” and provides insight as to how the agency approaches fats and certain nutrients in light of recent scientific developments and changing nutritional ...


10.13.16

FTC Staff Perspective Expresses Concern About Lead Generation

In a new report, the Federal Trade Commission expressed concern about lead generation, particularly in the context of the payday lending industry.What happenedLast October, the Federal Trade Commission (FTC) hosted a public workshop entitled "Follow the Lead," where stakeholders and ...


10.11.16

Patents for Computer Applications, Not Medical Diagnostics?

U.S. Patents 6,307,576 (“the ’576 patent”) and 6,611,278 (“the ’278 patent”) related to automating part of a preexisting 3-D animation method. As explained in the background of the patents, the admitted prior art method used multiple 3-D models of a ...


10.10.16

States, Business Groups and House Push Back on DOL Overtime Rules

Why it matters Opponents of the Department of Labor’s (DOL) new overtime rules set to take effect on Dec. 1 have come out swinging. A coalition of 21 states filed a lawsuit in Texas asserting that the rules contradict both congressional intent and the statutory text of the exemption while a ...


10.07.16

Recently Enacted TSCA Reform Will Fundamentally Change U.S. Chemical Regulation

 Astonishingly, in an election year and at a time of unprecedented partisanship, this past June, Congress adopted significant reforms to the Toxic Substances Control Act (TSCA) with sweeping support from both sides of the aisle. In the words of the U.S. Environmental Protection Agency ...


10.07.16

3 Modest Proposals for the IOC Drug Summit

On October 10, the International Olympic Committee will host in Lausanne, Switzerland, what its press release called an anti-doping summit focusing on "the protection of clean athletes and, more specifically, on a review of the WADA [World Anti-Doping Agency] anti-doping system." Given ...


10.03.16

Kaine, Pence Have Clear Missions at VP Debate

Tomorrow’s vice presidential debate most likely won’t capture the voters’ imagination, and it will certainly not draw as many viewers as last week’s presidential debate, but it could still play a meaningful tactical role.The recent history of vice presidential debates bears ...


09.29.16

CARU: Sponsored Videos Need Clear, Prominent Audio Disclosures

Taking a stand on social media influencers and the “unboxing” video trend, the Children’s Advertising Review Unit (CARU) recommended that popular YouTube channels starring a ten-year-old and his family add a prominent audio disclosure before each new sponsored video. Evan and his ...


09.29.16

FinCEN Warns of E-Mail Compromise Schemes

Financial institutions should be aware of a growing number of e-mail compromise schemes, the Financial Crimes Enforcement Network (FinCEN) warned in a new advisory bulletin.What happenedDeveloped in coordination with the Federal Bureau of Investigation (FBI) and the U.S. Secret Service, ...