Imagine you are perusing the coffee aisle in the grocery store and see a product described as “freshly ground,” “100% Arabica Coffee,” “Hazelnut Crème,” “Medium Bodied,” and “Rich, Nutty Flavor.”  Would you think that the coffee contains hazelnuts?  Should consumers be expected to consult the ingredient list to clarify any confusion?  And what exactly is... Continue Reading…

Effective January 1, 2020, New Hampshire’s new Insurance Data Security Law will impose certain information security requirements on entities that (1) are licensed under the state’s insurance laws and (2) handle “nonpublic information.” “Nonpublic information” is defined as information that is not publicly available and falls into one of the two following categories: Information that... Continue Reading…

If it sounds too good to be true, it probably is. But does that age-old maxim apply to a bankrupt customer offering to pay you 100% of your unsecured claim through a “prepackaged” bankruptcy or under a critical vendor program? The answer can be complicated. Partner Eric Wilson and senior associate Maeghan McLoughlin were featured...… Continue Reading

The Supreme Court this week resolved a long-standing open issue regarding the treatment of trademark license rights in bankruptcy proceedings. The Court ruled in favor of Mission Products, a licensee under a trademark license agreement that had been rejected in the chapter 11 case of Tempnology, the debtor-licensor, determining that the rejection constituted a breach...… Continue Reading

At the end of July, the National Institute for Standards and Technology (“NIST”) released draft cybersecurity guidance for IoT device manufacturers. The document, titled Core Cybersecurity Feature Baseline for Securable IoT Devices: A Starting Point for IoT Device Manufacturers, is intended, according to NIST, identify the cybersecurity features that IoT devices should have “to make... Continue Reading…

Connected devices already are making headway into business and consumer markets. “Smart” speakers, video doorbells, remote programmable thermostats and other devices are increasing in popularity in homes across the United States. Major automakers and startups are pursuing self-driving cars and the “passenger economy.” Businesses are using IoT capabilities to enhance preventive maintenance, to track assets through... Continue Reading…

We’ve written a lot about FDA’s current position on CBD in food and the ongoing process to evaluate a potential non-drug pathway for the ingredient that emerged seemingly out of nowhere to capture the attention of consumers, legislators, and regulators alike.  While we all wait for FDA to announce an update to its review, states...… Continue Reading

As readers of this blog already may know, the Drug Enforcement Administration (DEA) currently allows cannabis – consisting of the marijuana plant, with greater than 0.3% THC content – to be grown for research purposes at only one location: The University of Mississippi. This past June, the Scottsdale Research Institute (SRI) challenged this federally-imposed limitation...… Continue Reading

The California Office of Environmental Health Hazard Assessment (OEHHA), which administers Proposition 65, wasted no time in punching back at the U.S. Environmental Protection Agency (EPA), which declared, in an August 8 press release, that Prop 65 labeling  identifying the pesticide glyphosate as a carcinogen is false and misleading and that EPA would not approve... Continue Reading

The latest front in the ever-expanding Proposition 65 enforcement battle:  plastic packaging.  Since the start of the year, dozens of notices of violation have been filed, not for actual products, but for the packaging in which they are wrapped. The allegations contained in this latest series of Prop 65 “60 day notices” involve phthalates, primarily... Continue Reading

In the first post-Epic Systems decision regarding arbitration agreements, the NLRB has underscored just how pro-arbitration courts and regulators have become. In Cordúa Restaurants, the Board put its stamp of approval on employers revising arbitration provisions even after employees file a claim. In doing so, employers can exercise more control as to how employees must... Continue Reading…

Governor Cuomo signed the groundbreaking harassment legislation that we previously covered here on August 12, 2019. The law profoundly alters the landscape of harassment claims in New York and how employers should be prepared to handle them. Key provisions include eliminating the “severe or pervasive” standard for discriminatory and retaliatory harassment cases, prohibiting mandatory arbitration for... Continue Reading…

Elizabeth Warren is calling for aggressive enforcement of the antitrust laws. The House Judiciary is opening hearings on big tech, and the Justice Department and FTC have allocated amongst themselves responsibility for particular Big Tech companies. Pundits are saying it’s time for Big Tech to be broken up. So, should Big Tech be worried? Are...… Continue Reading

There seems to be a growing concern that Facebook is too big and should be broken up. Among those calling for the breakup are Elizabeth Warren, Chris Hughes and Alexandria Ocasio-Cortez. The FTC has asked Congress to pass a national privacy law to regulate the industry. While some disagree, it seems pretty clear that foreign...… Continue Reading

This article was written by Mark A. Konkel & Diana R. Hamar and originally posted to Kelley Drye’s Labor Days blog. Governor Cuomo signed the groundbreaking harassment legislation that we previously covered here on August 12, 2019. The law profoundly alters the landscape of harassment claims in New York and how employers should be prepared to... Continue Reading

This article was written by Barbara E. Hoey & Diana R. Hamar, and originally posted to Kelley Drye’s Labor Days Blog. With the crowd’s chant of “equal pay” echoing at the Women’s World Cup soccer match and again as the champions float down the Canyon of Heroes, the issue of pay equality continues to be... Continue Reading

On Friday, August 23, China announced its plans to impose 5% to 10% tariffs on $75 billion of American products in response to Washington’s recent tariffs on $300 billion of Chinese products.  China’s new tariffs will take effect in two stages, the first on September 1, 2019 and second on December 15, 2019.  The new... Continue Reading

The U.S. Department of Commerce announced on Wednesday that it is self-initiating an inquiry into whether U.S. imports of corrosion-resistant steel products (CORE) from Costa Rica, Guatemala, Malaysia, South Africa, or the United Arab Emirates using hot-rolled or cold-rolled substrate from China and Taiwan are circumventing existing antidumping (AD) and countervailing (CVD) duties.  This is... Continue Reading