Newsletters

01.30.20

TCPA Constitutionality Battle Wages On

In a Report and Recommendation denying a motion to dismiss violations of the Telephone Consumer Protection Act’s (TCPA) automatic telephone dialing system (ATDS) provision, a Florida federal court fueled the battle over the TCPA’s constitutionality by agreeing with other federal ...


01.30.20

DOL Announces Final Rule on Joint Employer Status

On January 13, 2020, the U.S. Department of Labor (DOL) announced its final rule interpreting joint employer status under the Fair Labor Standards Act (FLSA).


01.30.20

Circuit Split Continues: Eleventh Circuit Rejects Expansive ATDS Definition

Deepening a circuit split, the Eleventh Circuit has weighed in on the hotly debated issue of what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA) and has notably rejected the Ninth Circuit’s Marks v. Crunch San Diego, LLC, decision.


01.29.20

DOL’s Joint Employer Rule Final

Getting the jump on the other federal agencies, the Department of Labor (DOL) issued its final rule on the joint employer standard under the Fair Labor Standards Act (FLSA).


01.29.20

New Year, New Laws: States Make Employment Law Changes

States across the country enacted new legislation that impacts employers in the coming year.


01.29.20

NLRB Issues Employer-Friendly Decisions

Prior to the new year, the National Labor Relations Board (NLRB or Board) made several big moves, approving greater confidentiality in workplace investigations, expanding employers’ ability to restrict employee email use and increasing deference to arbitral procedures.


01.29.20

Savior or Saboteur? The CFPB’s Kraninger Maintains Her Independent Streak

As the Consumer Financial Protection Bureau prepares for the most significant challenge to its existence, Director Kathy Kraninger maintained her crafty independent streak this past week, refusing to set aside a civil investigative demand, pursuing tough enforcement action, issuing a key no-action ...


01.29.20

FDIC, OCC, DFS Warn Financial Industry About Cyberattacks

In new alerts, both state and federal regulators are cautioning the financial services industry about heightened cybersecurity risk amid a climate of increased geopolitical tensions.  


01.28.20

Influencer Post Lacked Necessary Disclosure, Says British Ad Authority

The British Advertising Standards Authority (ASA) has cracked down on influencer advertising, finding that even if a company did not explicitly require the influencer to post on its behalf, the simple fact that the individual has a relationship with the brand still must be disclosed.


01.28.20

Beer Ads Up to Code, Self-Regulatory Body Concludes

A beer company’s ad campaign did not run afoul of the industry’s self-regulatory principles, the Code Compliance Review Board (CCRB, or the Board) of the Beer Institute recently determined.