On September 15, 2014, Arent Fox was in attendance at the Federal Trade Commission’s (FTC) public workshop on so-called “Big Data” that was designed to explore how its use is impacting American consumers.
In the Preamble, ONC states it was driven by its goals and timeline to enhance health information exchange by making the program “more effective and less burdensome in achieving regulatory objectives,” while increasing “regulatory flexibility” and promoting further innovation.
European Data Protection Authorities (DPAs) — the entities responsible for enforcing the European Union (EU) Data Directive and the EU Cookie Directive — are taking part in what is being referred to as “Cookie Sweep Day.”
According to an OSHA Letter of Interpretation (the “Sallman Letter”), employees at a workplace without a collective bargaining agreement may designate a person affiliated with a union to act as their “personal representative” for OSH Act purposes.
On September 11, 2014, OSHA announced new requirements for the severe injury reporting rule. Employers will now be required to notify OSHA of all work-related in-patient hospitalizations, amputations and eye loss within 24 hours of their occurrence.
Investment Services Targeted, Sectoral Sanctions Move Debt Sanctions from 90 to 30 days, Certain Oil Exploration/Production Exports and Services Prohibited
Following a trend, including a recent amendment in New York City reported here, on September 10, 2014, California Governor Jerry Brown (D) signed legislation into law that will require most California employers to provide up to three paid sick days per year for employees.
An unfortunate trend for defendants in False Claims Act (FCA) cases is continuing as the Eighth Circuit Court of Appeals joined other federal circuit courts in lowering the pleading standards that qui tam relators (whistleblower plaintiffs) must satisfy in FCA cases.
On August 29, 2014, the United States Department of Justice filed an action against two nursing homes located in Watsonville, California for defrauding the Medicare and Medicaid programs.
A recent case filed in US District Court for the Southern District of Florida charges A&E Television Networks, LLC, with willful trademark infringement and unfair competition stemming from merchandise for the hit reality show Duck Dynasty.
Walmart recently argued that the US District Court for the Eastern District of California should not grant class certification in a suit alleging that Walmart’s data collection practices violate California’s Song-Beverly Credit Card Act of 1971 (Song-Beverly Act).
Foreign manufacturers entering the American market are often tripped up by consumer safety and liability laws that could derail a successful product launch.
The US Supreme Court recently agreed to consider a seemingly technical trademark question that could have a potentially big impact for brand owners. Specifically, the Supreme Court will consider whether a judge or the jury should decide if two trademarks are “legal equivalents”.
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Two major department stores — Macy’s and Barneys — recently settled racial profiling investigations lodged against them by the New York State Attorney General.
A recent lawsuit in Washington State suggests that so-called “crowdfunded” fundraising campaigns could be in for greater scrutiny from consumer protection regulators.
On August 18, 2014, the US Court of Appeals for the Ninth Circuit issued an opinion sending website owners a clear warning that the onus is on them to put users on notice of the terms of use to which they wish to bind consumers.