Topic: Consumer Protection

JD Supra Corporate Brief: Cyber-Attack Technology, Anti-Corruption Landscape, D&O Safety Net, Health Care Enforcement

115 years ago today, the Pemberton Medicine Company – now known as the Coca-Cola Company – was incorporated. Drink up! Are your risk factor disclosures and forward looking statements adequate for today’s cyber-attack technology? (Tracy Crum and Alice Hsu at Akin Gump) In recent years there has been dramatic change to the global anti-corruption landscape… (Shanti… Read more »

FDA Sets Out to Fight Food Terrorism with New Rule: 3 Takeaways for Food Facilities

“[T]he rules would provide an uncertain level of protection from an admittedly very unlikely occurrence, at a significant cost to industry.” (John Moore of Venable) Late last year, the Food and Drug Administration announced that it was joining the fight against terrorism with a new rule aimed at protected food from intentional contamination. The background,… Read more »

JD Supra Corporate Brief: Stopping 23andMe Sales, Buying Privacy Liabilities, Changing Proxy Policies, Approving REIT Conversions

On November 27, 1924, the very first Macy’s Thanksgiving Day parade was held. As it should be… Happy Holidays! The FDA is routinely criticized in cases where regulation is perceived to stymy innovation. Shutting down 23andMe isn’t one of them… (Andrew Ittleman and Kelly Lightfoot, JD Supra Perspectives) Every mobile app that glitters is not… Read more »

FDA’s Proposed Rule on Generic Drug Labeling Could Sow Confusion and Chaos (and Lawsuits)

The FDA wants to give generic drug makers the same labeling authority as their branded peers. Attorneys Erin Bosman, James Huston, and Julie Park of Morrison & Foerster explain: [T]he U.S. Food and Drug Administration (FDA) published a long-awaited proposed rule … in an effort to ‘create parity’ between brand-name and generic manufacturers for their… Read more »

JD Supra Corporate Brief: DOL Investigations, Risk Management, EU-China Treaty, Food Labels

Happy Birthday, Mickey Mouse! Say what you want about the FCPA, but don’t call it anti-business… (Randy Stephens at NAVEX Global) “Uh, yeah, there’s a man here who says he’s from the Department of Labor… What do I do?” (Eric Su at Ogletree Deakins) Now more than ever, banks must adopt risk management processes that… Read more »

JD Supra Corporate Brief: Dumping Claims, Free Trade, Ethics Rules, Data Privacy

Looking for law news? You’re in luck: A change in the way the US Commerce Dept reviews dumping claims could be costly to smaller exporters… (Harry Clark and Clark McFadden at Orrick, Herrington & Sutcliffe) Europe and the US have entered a second round of negotiations over an EU-US free trade agreement… (Aline Doussin and… Read more »

Telemarketers Take Note: TCPA “Prior Consent” Rules Go Into Effect Today

As of today, October 16, 2013, telemarketers and other businesses that place pre-recorded calls to residential phones or cell numbers will have to obtain prior written consent from owners before placing a single call. Failure to do so could be costly, write Gerald Ferguson and Theodore Kobus at BakerHostetler: “Consumers receiving calls in violation of… Read more »

JD Supra Corporate Brief: Sleeping Employees, First Amendment, Automated Trading, Religious Accommodation

Isn’t it time you signed up for email delivery of the JD Supra Corporate Brief? Can an employer fire a worker who falls asleep on the job? The answer might surprise you… (Duane Morris) California’s “Do Not Track” law goes into effect in two weeks. Are you ready? (Proskauer) The Telephone Consumer Protection Act does… Read more »

JD Supra Corporate Brief: Payroll Cards, Silica Exposure, Green Chemistry, China Visas

If it’s Tuesday, this must be law news. The JD Supra Corporate Brief, to be precise… Wage-and-hour lawsuits represent 91% of all employment law class actions… (NAVEX Global) Bottom line? Payroll cards are OK unless you require your employees to use them… (Ballard Spahr) OSHA’s proposed rule on silica exposure could have a significant impact… Read more »

Telemarketers Have Until October 16 to Change Their Automatic Dialing Procedures. The Stakes Are High, Are You Ready?

“…a business can only invoke the prior express consent exception for autodialed or prerecorded calls to a mobile phone or for prerecorded telemarketing calls to a residential line if the called party has physically or electronically signed an agreement that clearly authorizes calls or texts to be made to their phone number by that particular… Read more »

JD Supra Corporate Brief: Big Data, Broker-Dealers, Graphene Inventions, Arbitration Agreements

Go ahead, pour yourself another cup. It’s Friday after all, and the world can wait while you sip your coffee and read your JD Supra Corporate Brief: Big data creates big dangers for consumer privacy, says the FTC chair… (Ropes & Gray) Here’s one lawyer’s take on the evolution of white collar crime prosecution over… Read more »

JD Supra Corporate Brief: Photocopier Secrets, FATCA Effects, Cloud Cybersecurity, Anti-Kickback Statutes

The bad news: It’s Monday. The good news: there’s a long weekend coming up. The law news: What happens in your photocopier better not stay in your photocopier… (Bradley Arant Boult Cummings) Will FATCA do more harm than good? (Fuerst Ittleman David & Joseph) The NIST cloud computing cybersecurity guidelines for federal agencies provide a… Read more »

JD Supra Corporate Brief: Self-Reporting, Market Manipulation, Green Chemistry, BYOD Privacy

On August 9, 1892, Thomas Edison is granted a patent for the two-way telegraph, one of the nearly 1,100 patents the inventor received in the United States.  Any business that stores consumer credit card numbers and other personal information should study carefully the $18 million FCRA ruling against Equifax… (Mintz Levin) So here’s the deal:… Read more »

JD Supra Corporate Brief: EU Antitrust Fines, IRS Compliance Checks, NIST Security Guidelines, CFPB Rulemaking Agenda

Haven’t signed up for email delivery of the JD Supra Corporate Brief? Well, what are you waiting for? The EU’s first “pay-for-delay” fine is a hard pill to swallow for pharmaceutical manufacturers… (K&L Gates) The IRS has begun to conduct “compliance checks” of Section 457(b) plans… (McDermott Will & Emery) Is heightened scrutiny of the… Read more »

JD Supra Corporate Brief: Proxy Voting, Intern Lawsuits, 401(k) Audits, Internal Investigations

Memorial Day: the unofficial start of summer, backyard grilling, lounging at the beach, and more. We hope you had a good holiday. Now get back to work… What’s the going rate for an early look at proxy voting results? (Leonard, Street and Deinard) Former Hearst interns cannot be certified into a class action, but don’t… Read more »