Snapchat’s public relations firm recently filed a lawsuit against an influencer who allegedly failed to comply with the terms of his agreement. After Luka Sabbat was photographed with Kourtney Kardashian in September, PR Consulting engaged Sabbat to help promote Snap Spectacles on his Instagram account. According to the agreement, Sabbat was required to make four...… Continue Reading

California Governor Jerry Brown recently signed into law Assembly Bill 2632, which amended California’s slack fill law to create several new exemptions, hopefully providing some relief from the plague of slack fill lawsuits that has hit the food and beverage industry, among others, particularly hard in recent years.  For those who are unfamiliar, slack fill...… Continue Reading

The judicial power of the United States is vested in courts created under Article III of the Constitution. However, Congress created the current bankruptcy court system over 40 years ago pursuant to Article I of the Constitution rather than under Article III.  The Supreme Court has long held that Article I courts are limited to...… Continue Reading

Southeastern Grocers (operator of the Winn-Dixie, Bi Lo and Harvey’s supermarket chains) recently completed a successful restructuring of its balance sheet through a “prepackaged” chapter 11 case in the District of Delaware. As part of the deal with the holders of its unsecured bonds, the company agreed that under the plan of reorganization it would...… Continue Reading

International service providers likely celebrated when the Federal Communications Commission (“Commission”) eliminated the annual International Traffic and Revenue reporting requirement last year but may have forgotten about the Commission’s plan to issue targeted data requests, when necessary, to obtain information previously available from the annual report. Well the time has come and the Commission now...… Continue Reading

The Federal Communications Commission’s (“FCC’s” or “Commission’s”) vote at its open meeting on October 23, 2018 on a Report and Order regarding the 3550-3700 MHz band (“3.5 GHz Band”) was split along party lines. This was hardly surprising given the criticism of the original order in 2015 by the then-Republican minority. As the now-Republican majority approved changes...… Continue Reading

Plaintiff-Appellants Akeem Daniels, Cameron Stingily, and Nicholas Stoner were collegiate student–athletes between 2014-2016.  Their on-field performances were collected as numerical statistics and published by various fantasy sports website operators including Defendants-Appellees DraftKings, Inc. and FanDuel, Inc.  For a fee, consumers could access detailed information such as Plaintiffs’ names, images, and statistics, assess the athletes’ weekly...… Continue Reading

October 15, 2018 – Blanketing Himself In First Amendment Protections, Trump Wins Dismissal of Stormy Daniels’ Defamation Suit October 16, 2018 – Prominent Nonprofit Sues Trump For Using His Presidential Powers To Violate The First Amendment  On October 15, 2018, U.S. District Judge James S. Otero of the Central District of California issued an order dismissing the...… Continue Reading

The DEA announced last week that it is placing certain drug products that have been approved by the FDA and which contain cannabidiol (CBD) in schedule V of the Controlled Substances Act. The action places FDA-approved drugs that contain CBD derived from cannabis and no more than 0.1 percent tetrahydrocannabinols in Schedule V. Schedule V...… Continue Reading

FDA recently released a new draft guidance, “Innovative Approaches for Nonprescription Drug Products,” that described two “innovative approaches” that sponsors of new drug applications may wish to consider to demonstrate the safety and effectiveness of nonprescription drugs.  In announcing the draft guidance, FDA Commissioner Scott Gottlieb explained that the agency sees an opportunity to “foster...… Continue Reading

Thursday, Nov 15, 2018 10:00 AM Senate Energy and Natural Resources Hearings to examine the nominations of Rita Baranwal, of Pennsylvania, to be an Assistant Secretary of Energy (Nuclear Energy), Bernard L. McNamee, of Virginia, to be a Member of the Federal Energy Regulatory Commission, and Raymond David Vela, of Texas, to be Director of...… Continue Reading

The post Energy Hearings this Week appeared first on Fracking Insider.

Wednesday, Oct 10, 2018 10:00 AM – SD-406 Environment and Public Works Hearings to examine successful state conservation, recovery, and management of wildlife from Yellowstone’s grizzly bear to the Chesapeake’s Delmarva fox squirrel. Wednesday, Oct 10, 2018 10:00 AM – SR-253 Commerce, Science, and Transportation Hearings to examine consumer data privacy, focusing on lessons from...… Continue Reading

The post Energy Hearings this Week appeared first on Fracking Insider.

Recent events have raised questions about the viability and utility of California’s infamous Proposition 65.  The past few months have seen courts reject the listing of glyphosate as a “known” carcinogen on First Amendment grounds and rule that federal nutrition policy preempted warnings for acrylamide in cereal, as well as the debacle surrounding whether cancer... Continue Reading

By November 2021, the European Union (EU) is requiring that clothing, accessories, footwear and other textiles (such as furniture upholstery and bed linens) be essentially free of 33 “CMR” substances, including lead, cadmium, arsenic, hexavalent chromium, formaldehyde, several phthalates, and certain azodyes, aromatic amines, and hydrocarbons, among other substances often found in a variety of... Continue Reading

Effective October 29, 2018, the New Jersey Sick Leave Law requires employers to allow employees to accrue 1 hour of earned sick leave for every 30 hours work, up to 40 hours each year.  The law permits employers to create policies that provide additional leave time.  Here is a link to the law from the...… Continue Reading

This is not the first time you’ve heard from us about flu shots in the workplace (see our January 25, 2018 post). And here we are again. Each flu season, employers find themselves in the hot seat when well-intentioned attempts to implement a policy backfire. This year is no exception. On September 28, the Equal...… Continue Reading

The Luxembourg Competition Authority recently handed down a decision that found an app-based taxi booking system, Webtaxi, was not a hardcore violation of the relevant competition law banning price fixing.  The algorithm determined the precise fare the passenger would pay for a trip.  The taxis remained competitors otherwise and the cabs on the app represented...… Continue Reading

On June 14, 2018, in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., the Supreme Court held that Courts are not obliged to accept statements from a foreign government agency on the meaning and effects of its laws but should consider other evidence in addition to such statements to judge their value.  The Court...… Continue Reading

10/31/2018 – Region 4 OSHA News Release – U.S. Department of Labor Cites Alabama Tank Cleaning Company For Confined Space, Fire, and Explosion Hazards 10/31/2018 – Region 6 OSHA News Release – U.S. Department of Labor Cites Texas Underground Tank Contractor for Excavation Hazards 10/30/2018 – OSHA Trade Release – U.S. Department of Labor Renews Partnership with Electrical Contractors and Associations to Protect Worker... Continue Reading

This article was originally written by Jennifer Fischer and posted on Kelley Drye’s Labor Days Blog. Effective October 29, 2018, the New Jersey Sick Leave Law requires employers to allow employees to accrue 1 hour of earned sick leave for every 30 hours work, up to 40 hours each year.  The law permits employers to... Continue Reading

On October 1, 2018, the United States, Canada, and Mexico announced that they had reached an agreement to “modernize” the 24-year old North American Free Trade Agreement (NAFTA). When NAFTA came into effect, it created the largest free trade region in the world. Since then, developments in virtually every sector and the advent of cross-border...… Continue Reading

Today the U.S. Office of Foreign Assets Control (OFAC) amended the Iranian Transactions and Sanctions Regulations (ITSR, 31 C.F.R. Part 560) to fully re-impose U.S. sanctions on Iran following a wind down period that expired yesterday, November 4, 2018.  OFAC also issued new FAQs for foreign affiliates of U.S. companies and non-U.S. companies. Foreign affiliates...… Continue Reading