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E-Cigarettes Test Workplace Smoking Policies

E-Cigarettes Test Workplace Smoking Policies by Donald M. Pepe on September 25, 2013 New York and New Jersey both prohibit “smoking” in the workplace. However, the growing popularity of electronic cigarettes poses new...more

Newest Addition To CPSC’s Enforcement Toolbox

Recently, the Consumer Product Safety Commission obtained an unprecedented ruling when Administrative Law Judge Dean Metry granted leave to Craig Zucker in an administrative complaint against Maxfield and Oberton Holdings...more

CPSC Seeks to Hold Former CEO Responsible for Buckyballs® Recall

Last week the Consumer Product Safety Commission (CPSC) obtained an unprecedented ruling when Administrative Law Judge (ALJ) Dean Metry granted leave to name Craig Zucker in an administrative complaint against Maxfield and...more

FDIC to host banker teleconferences on CFPB mortgage rules

The FDIC has scheduled the following three free teleconferences on the CFPB’s new mortgage-related rules for officers and employees of FDIC-supervised institutions... ...more

You are What You Sell

I. Who Are You? (And, do you really want to know?) II. You Are What You … (If I think about a pizza all day long do I become a pizza?) A. Reading B. Hearing C. Thinking D. Measuring (Or, Standardized test scores as a...more

CFPB Examinations And Enforcement

The CFPB is the new regulator on the block. Republicans in Congress continue to try to strangle the CFPB from exercising its legal authorities. The re-election of President Obama ensured that the CFPB will continue to...more

Are New Rules for Gift Cards on the Horizon?

Chances are that you are either gave or received a gift card this holiday season. The National Retail Federation estimates that over 80 percent of shoppers purchased at least one gift card in 2012, and sales of gift cards are...more

Bank Acquistion & Fair Lending

An analysis of how to avoid and/or contain potential fair lending liability when acquiring a bank. Written by Frances Floriano Goins, Richik Sarkar, and Gregory Stein....more

Trust in On-Line Advertising

It’s no surprise that people trust online reviews from consumers more than traditional advertisements. After all, advertisements are created by the company selling a product of service, whereas third party reviews are by...more

How a claim can be correct but breach the law

The Consumer Law Reform Bill will introduce a prohibition on making unsubstantiated claims into the Fair Trading Act. In practice, this means that all claims about your products (that a reasonable person would expect to be...more

Solar Power Purchase Agreements: Tips and Tricks Part 1

Solar power panels on residential rooftops are an increasingly common sight these days. But the legal mechanics behind the development and delivery of solar power to consumers can be complex. There are several alternative...more

Governor Signs New Law On Disability Access Complaints

California has been a haven for plaintiffs’ attorneys suing for ADA (American With Disabilities Act) violations because of existing law that provided up to $4000 in statutory damages, along with attorneys fees for every...more

Proposed “Safer Consumer Product Regulations”

Draft regulations regarding toxic substances in consumer products were issued for comment by the California Department of Toxic Substances Control (DTSC) on July 27, 2012. Referred to as the “Safer Consumer Product...more

What to Expect When You're Under a CFPB Investigation – Negotiating the Scope of the CID

The Consumer Financial Protection Bureau (“CFPB”) has investigations underway that span the full breadth of the Bureau’s enforcement authority over providers of financial products and services and their vendors. If your...more

Subscription Business Models May Raise Revenue, But Also Holds Privacy And Security Risks

These days everyone subscribes to something. Whether you’re a consumer or a business, the goods and services you depend on or enjoy on a regular basis are often available by subscription. Subscribers prefer the low...more

IP UPDATE: ACTA May Need a Second Act

The Internet has created a number of challenges for rights holders and the law. The Anti-Counterfeiting Trade Agreement (ACTA) – a plurilateral agreement that seeks to establish worldwide standards for enforcing Intellectual...more

California Proposes New Law To Deal With Underground Economy

California Senate Bill 1185 (SB 1185) is a new effort aimed at the underground economy in the State, estimated to be valued at between $60 billion and $140 billion each year. Underground transactions prevent the State from...more

Lawsuit Against Airline Over Misleading Fees

Companies often charge additional fees that increase the final cost of a product or service. In some industries, such as telecommunications and airlines, fees imposed by the government may be passed on to consumers. In...more

Proposed “Safer Consumer Product Regulations”

Draft regulations regarding toxic substances in consumer products were issued for comment by the California Department of Toxic Substances Control (DTSC) on July 27, 2012. Referred to as the “Safer Consumer Product...more

Ninth Circuit Court of Appeals Underscores Need for Better Work Place Information Policies

News coverage about the recent decision in U.S. v. Nosal heralds the decision as preventing the government from going after employees who use company computers to check their Facebook status or the latest sports scores. But...more

Ninth Circuit Court of Appeals Underscores Need for Better Work Place Information Policies

News coverage about the recent decision in U.S. v. Nosal heralds the decision as preventing the government from going after employees who use company computers to check their Facebook status or the latest sports scores. But...more

California’s Shine the Light Act: Plenty of Reason$ for Businesses Not to Shine It On

Recent class actions regarding California’s Shine the Light Act illuminate the need for California businesses to pay attention to their privacy policy compliance practices. Violations of the Act can incur civil penalties of...more

Life Partners, Inc. Facing Fraud Charges, Investor Lawsuits Over Insurance Investments

The Securities and Exchange Commission has accused the life settlements company Life Partners, Inc. and its executives with fraud in connection with the marketing of their investment product. Life Partners is also facing...more

Playtex Loses $13 Million in False Advertising Case

Some cases just stink . . . literally! Especially when they involve baby diapers and advertising claims about diaper disposal pails and their ability to control odors. Munchkin Inc. sued its competitor in the diaper pail...more

Playtex Loses $13 Million in False Advertising Case

Some cases just stink . . . literally! Especially when they involve baby diapers and advertising claims about diaper disposal pails and their ability to control odors. Munchkin Inc. sued its competitor in the diaper pail...more

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