In a post last week, we looked at NAD’s review of Everlane’s green claims relating to the company’s use of recycled plastic in its products and its aspirational goals to remove virgin plastic from its entire supply chain by 2021. In this post, we’ll look at what NAD had to say about Everlane’s “Safer For... Continue Reading…

As advertisers wait to see what the FTC will do after sending 700 warning letters related to influencers and incentivized reviews, the NAD has been resolving disputes on similar issues. Yesterday, NAD announced a new decision involving incentivized reviews. Although the decision is consistent with previous cases in this area, there are some nuances worth... Continue Reading…

Two recent judicial decisions, Sanchez Energy and Tribune Media, highlight the challenges faced by indenture trustees and their professionals in chapter 11 cases where there are no recoveries to noteholders.  Federal law requires that public debt be issued under a trust indenture and that a qualified financial institution serve as trustee to protect noteholders’ interests. ... Continue Reading

The U.S. Court of Appeals for the Third Circuit recently became the first circuit court to address the question of whether a corporate parent can set off an obligation that it owes to a bankrupt company against a claim owed by such company to the parent’s subsidiary. A couple of years ago, in the chapter 11... Continue Reading

Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD FDA doubles down on rejecting over-the-counter CBD without more study Federal food and drug regulators on Tuesday addressed the hemp industry directly for the first time since stakeholders asked for feedback regarding CBD safety back in 2019. But the message was... Continue Reading

Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD CBD co. loses bid to block delta-8 THC ban in Texas Texas Judge Gary D. Harger denied a request from Sky Marketing (d/b/a Hometown Hero) for a temporary restraining order on the state’s ban on delta-8 THC, finding the CBD company... Continue Reading

Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD FDA doubles down on rejecting over-the-counter CBD without more study Federal food and drug regulators on Tuesday addressed the hemp industry directly for the first time since stakeholders asked for feedback regarding CBD safety back in 2019. But the message was... Continue Reading

Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD CBD co. loses bid to block delta-8 THC ban in Texas Texas Judge Gary D. Harger denied a request from Sky Marketing (d/b/a Hometown Hero) for a temporary restraining order on the state’s ban on delta-8 THC, finding the CBD company... Continue Reading

The U.S. Environmental Protection Agency’s (EPA’s) final National Recycling Strategy, released yesterday, includes prominent mention of “extended producer responsibility” (EPR) as a prime example of programs that advance the “circular economy” by increasing “materials recovery at the state and local levels.”  The inclusion is notable in that EPR was not mentioned in earlier drafts of... Continue Reading

As the U.S. EPA embarks on a full review of regulations addressing the sale, distribution and use of five “persistent, bioaccumulative and toxic” (PBT) substances, the agency already is proposing to extend until 2024 the compliance date with the existing rule for one of the five PBTs – phenol, isopropylated phosphate (3:1) (known as “PIP... Continue Reading

To address growing cybersecurity risks to plan participants and their retirement assets, the Department of Labor (DOL) issued a set of guidance for retirement plan sponsors and fiduciaries, their service providers, and plan participants aimed at mitigating cybersecurity risks. The DOL has also begun examining plans’ cybersecurity programs. Its information requests, which are very detailed... Continue Reading…

This Advisory provides a summary of recent developments impacting Affordable Care Act (“ACA”) requirements applicable to employers, as well as other recent changes impacting employer-sponsored health plans. ACA Affordability Threshold Decrease Employer-sponsored health plans will satisfy the ACA affordability requirement in 2022 only if the lowest-cost, self-only coverage option offered under the plan does not... Continue Reading…

The historic infrastructure bill, now approved by the U.S. Congress and pending President Biden’s signature, includes broad policy provisions designed to improve governmental sourcing from U.S. manufacturing sectors.  These new statutory authorities aim to: Expand domestic preference procurement policies applicable to federal financial assistance programs for public works infrastructure; Increase the domestic component content requirements... Continue Reading

After months of deliberation, the U.S. Congress has passed the $1.2T Infrastructure Investment and Jobs Act, which will deliver $550 billion of new federal investments in America’s infrastructure over five years.  The bipartisan bill contains $260 billion for transportation and transit investment; $90 billion for investment in clean technologies; $84 billion for water infrastructure and... Continue Reading