Alerts

The US Supreme Court has agreed to consider a dispute between Pom Wonderful (Pom) and The Coca-Cola Company related to whether a drink label can be considered deceptive under federal false advertising laws, but permissible under regulations of the Food & Drug Administration (FDA).

The U.S. Court of Appeals for the Fourth Circuit recently ruled that even a temporary impairment caused by an injury can constitute a disability under the Americans with Disabilities Act (ADA or Act). Summers v. Altarum Institute Corp., 2014 WL 243425 (4th Cir. Jan. 23, 2014).

On January 28, 2014, the National College Players Association (NCPA) filed a petition at the regional office of the National Labor Relations Board (NLRB) in Chicago, seeking recognition as a labor union. The petition is the first of its kind seeking union recognition for college athletes.

Earlier today, the International Court of Justice (ICJ) issued its much-anticipated decision on the maritime dispute brought by Peru against Chile.

Associations are walking antitrust risks, and plaintiffs and the government took their aim at a variety of association activity in 2013 — from dentists to music teachers, wire transfers to equines.

Recently, OSHA launched a high-profile effort to address its permissible exposure levels (PELs) for chemicals in the workplace. OSHA last attempted to update its PELs — which are over four decades old — via a rulemaking in 1989.

On January 13, 2014, the FDA issued a Draft Guidance entitled “Fulfilling Regulatory Requirements for Postmarketing Submissions of Interactive Promotional Media for Prescription Human and Animal Drugs and Biologics.”

The Supreme Court recently announced that it would hear a lawsuit brought by major television broadcasters against a service that streams the broadcasters’ video content over the internet without permission.

On January 15, 2014, District of Columbia Mayor Vince Gray signed a bill that will increase the District’s minimum wage to $11.50 per hour by 2016.

On January 22, 2014, the Consumer and Governmental Affairs Bureau of the Federal Communications Commission (FCC) released a public notice seeking comment on the Retail Industry Leaders Association’s (RILA) petition for declaratory ruling filed on December 30, 2013.

Good News For Investors: Fantex Unplugged By Injuries To Foster And Davis

This afternoon, the House of Representatives approved by a 359-67 margin the “omnibus appropriations” bill (H.R. 3457) that emerged late Monday from several weeks of negotiations between the House and Senate Appropriations Committees.

In the category of lesser regulatory changes that occurred during the pre-holiday season, on December 19, 2013, the Department of Commerce’s Bureau of Industry and Security (BIS) amended its Export Administration Regulations (EAR) for exports to persons listed on the Unverified List (UVL).

The US District Court for the Eastern District of Virginia recently awarded the United States Patent and Trademark Office (PTO) $36,320.49 in legal expenses, including its attorneys’ fees, in a case brought by an applicant appealing the PTO’s refusal to register a mark on the basis.

On January 9, 2014, Federal Communications Commission (FCC) Chairman Tom Wheeler released a blog post indicating that he intends to prod smaller wireless carriers and over-the-top (OTT) texting services to provide their customers text-to-911 services by no later than the end of this year.

On January 9, 2014, the Federal Trade Commission and the County of Los Angeles Department of Consumer Affairs held a press conference announcing a nationwide enforcement action targeting deceptive auto dealer advertisements.

The Court held that an employee who cannot perform an essential function of his or her job is not a qualified individual under the ADA, even if the employer previously chose to accommodate the employee by excusing the employee from performing the essential function.

On January 7, 2014, the Court of Appeals of New York revisited its decision in K2 Investment v. American Guarantee, 21 N.Y.3d 384 (2013).

On January 1, Senate Bill 46 and Assembly Bill 370 took effect, expanding the scope of online data protection and notice requirements in California.

The National Labor Relations Board (NLRB or Board) issued a statement indicating that it has decided not to seek US Supreme Court review of two US Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule.

According to the US District Court for the Northern District of California, Google’s co-mingling of the personal identification information (PII) it collects from users across multiple product platforms does not create an injury sufficient to grant standing to sue in federal court.

On December 26, 2013, President Barack Obama signed into law a bill (H.R. 3487) that gives the Federal Election Commission (FEC) new authority to impose automatic fines for campaign finance reporting violations on nonprofit organizations, Super PACs, and political party committees.

Some companies are crying foul on keyword advertisements– arguing that the keyword ads are so close to consumer searches that they violate the companies’ intellectual property rights.

The US Food and Drug Administration recently published a proposed rule relating to food defense, as part of its implementation of the FDA Food Safety Modernization Act of 2011 (FSMA or the Act).