The New York Department of Financial Services (NYDFS) issued final supervisory guidance on January 22, 2024, to New York banking institutions and financial services companies licensed by the NYDFS. The guidance sets forth the...more
UPDATE: As of October 23, 2023, the FMCSA extended the comment period by 30 days to November 29, 2023. The Federal Motor Carrier Safety Administration (“FMCSA”) published an advanced notice of proposed rulemaking...more
On July 27, 2022, the Federal Trade Commission (“FTC”) voted 3-2 to sue in federal district court to block Meta Platforms, Inc.’s (“Meta”) acquisition of Within Unlimited, Inc. (“Within”), a virtual reality (“VR”) app...more
For some, the gym is a sanctuary – an oasis. For others, the gym can be a nightmare, and an emotionally draining experience. Sexual harassment in fitness facilities is a rapidly growing problem, and one that can leave a lot...more
As more contagious variants of the virus spread across the United States and the world, it is important to stay up to date on best practices with respect to mitigating the spread of COVID-19. To that end, BarBend – a team of...more
The Department of City Planning (DCP) has proposed a text amendment to modify regulations relating to gyms, spas, and licensed massage therapy and other health and fitness facilities defined as Physical Culture or Health...more
As COVID-19 vaccines become more available, companies in the fitness industry, including gyms, health clubs, and fitness boutiques, continue to navigate their reopening plans. This article addresses questions companies in the...more
I. EXEMPTIONS - Resale Exemption - Domokur Aviation Services, LLC v. McClain, Ohio BTA Case No. 2019-694 (September 15, 2020). Applying the Supreme Court’s decision in Pi in the Sky, LLC v. Testa, 155 Ohio State 113,...more
The pandemic has taken a heavy toll on the fitness industry. Gyms and fitness facilities face unique challenges in ensuring the safety of their patrons and employees. Headlines report that: •Many states categorize gyms as...more
As employers begin to develop and implement plans for reopening and staff return to the workplace, they should be mindful of industry-specific requirements and guidance, which may apply where they operate. ...more
Massachusetts Governor Charlie Baker recently issued Order 43, moving Massachusetts into Phase 3 of the Commonwealth's four-phased Reopening Plan. Phase 3, like prior phases, has two steps, with Step 1 of Phase 3 taking...more
States are re-opening in various phases, and some exercise facilities have opened their doors once again. For most states, gyms and fitness studios shuttered for months are now considering how to operate and attempt to recoup...more
Ohio has continued to reopen under its Responsible Restart Plan. Over the last month, the Department of Health has issued a number of orders reopening various businesses and venues, including: Gyms and fitness centers,...more
California has long been considered one of the “capitals” of the fitness industry as it is home to thousands of gyms and boutique fitness studios. COVID-19 hit the state’s fitness industry particularly hard when...more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more
On 15 January 2019 the Hong Kong government issued a consultation paper to seek views on the introduction of a statutory cooling-off period for beauty and fitness services consumer contracts. The consultation period ends on...more
The increasing number of legislation on public accommodation and transgender restrooms has affected several industries. In the fitness industry, it is important for gyms and fitness clubs and facilities to adopt...more
As we are early into the new year, for many, hope springs eternal to get in shape during 2018. Many of us wear some kind of fitness activity tracker that monitors steps, heart rate, calories, sleep patterns, etc. Recent news...more
Who's First in Ownership of the "Sweet Spot" Remains Unclear - Baseball is often called a "game of inches," whether one is describing the strike zone, a close play at the plate, or a liner past third base that just kicks...more
A few months ago, following our fifth annual Digital Health Summit, the attendees made some predictions about product development and investment in the rapidly growing sector. Now that we are more than halfway through the...more
There are lessons to be learnt about the future of work in one of my favourite episodes of The Simpsons titled ‘King-size Homer’, from the seventh season which aired over 20 years ago. As you may recall, Mr Burns tries...more
At long last, the Food and Drug Administration issued its Nonbinding Recommendations and Guidance regarding "General Wellness: Policy for Low Risk Devices," announcing it will not regulate "low-risk general wellness...more
As the summer months approach, and many of us begin crawling back out into the sun, the Personal Health Investment Today Act (“PHIT”) remains in Congressional hibernation. Introduced in the House on March 3, 2015, the PHIT...more
Title VII prohibits discrimination based on gender. Employers generally cannot adopt different qualification standards for men and women for the same job. However in some circumstances, federal courts have recognized that...more
As we are all aware, Title VII of the Civil Rights act of 1964 prohibits, among other things, discrimination in employment on the basis of sex. This prohibition extends not only to intentionally discriminatory conduct, but...more