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|AAA Requires Advance Registration for Arbitration Clauses Contained in Terms and Conditions|
Andrew B. Lustigman, Scott A. Shaffer; Olshan Frome Wolosky LLP;
November 19, 2015, previously published on November 13, 2015Many businesses involved in online commerce seek to reduce the risk of lawsuits by including arbitration clauses and class action waivers in their website terms and conditions. The purpose of this Client Alert is to remind such businesses that if their terms and conditions call for arbitration...
|When are “gluten-free” claims allowed in Canada?|
Shirley Liang; Smart & Biggar/Fetherstonhaugh;
October 30, 2015, previously published by IP Update - Canada, Smart & Biggar's Canadian intellectual property and technology updateIn recent years, there has been a sudden increase in the popularity of a “gluten-free” diet. Since then, the trend has grown steadily and food products are increasingly being advertised and labelled as “gluten-free”. However, it’s not a free-for-all; Canada has very...
|ASRC Announces Changes to NAD and NARB Procedures Following Working Group Recommendations|
Loeb Loeb LLP;
October 13, 2015, previously published on September 2015The Advertising Self-Regulatory Council board has announced changes to the adjudicatory processes of the National Advertising Division and the National Advertising Review Board. The changes, announced at the NAD's annual conference on September 29, 2015, adopt a number of recommendations made by a...
|In Turnaround, California Abandons Restrictive "Made in USA" Standard|
Nathan A. Cardon, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
October 12, 2015, previously published on September 29, 2015California Governor Jerry Brown (D) signed into law an amendment to the state's strictest-in-the-nation "Made in USA" law earlier this month. Previously, incorporation of any element that was foreign sourced -- even a single screw on a treadmill -- made an unqualified U.S.-origin claim...
|Is There a Lesson from Dunkin’ Donuts for Franchisors Outside Quebec?|
M. Sandra Appel; DLA Piper (Canada) LLP;
September 10, 2015, previously published on August 21, 2015The Quebec Court of Appeal has recently upheld the 2012 decision of the Superior Court awarding substantial damages - CA$10.9 million - to former franchisees of Dunkin’ Donuts.1 Application for leave to appeal was filed with the Supreme Court of Canada on June 15, 2015; a decision is expected...
|Joining the Main Market: A Field Guide for Applicants to the Main Market of the London Stock Exchange|
Robert Bishop, John Campion, Charles Cook, John Gallon, Alex Tamlyn; DLA Piper (Canada) LLP;
September 9, 2015, previously published on August 13, 2015The Main Market of the London Stock Exchange is one of the world’s longest established and most liquid markets trading the securities of nearly 1,300 companies from over 60 countries, including many of the world’s largest, most successful and most dynamic companies. A listing on the...
|What’s in a Name? When You’re Selling a Food with an Established Federal Standard of Identity, a Whole Lot!|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 9, 2015, previously published on September 8, 2015A bluntly labeled section of the Code of Federal Regulations - “Mayonnaise” - provides a description of this particular food dressing, the food’s required ingredients, optional ingredients, and how to declare those ingredients. The goals of this and other standardized food...
|Competitors Push Back With False Advertising Laws|
Eric W. Buetzow; Zelle Hofmann Voelbel & Mason LLP;
September 1, 2015, previously published on August 31, 2015In a time when the “disruptive” label is far from viewed as pejorative and, in fact, deemed essential for many new business models, existing market participants looking to fight back are turning to powerful federal and state false advertising laws to re-establish the rules of the game....
|In Commission Win, Appeals Court Agrees that FTC Can Regulate Business Data Security Practices Under Unfairness Authority|
Nathan A. Cardon, Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
August 26, 2015, previously published on August 26, 2015In a closely watched case where the Federal Trade Commission (FTC) pursued Wyndham Worldwide Corporation for several data breaches that led to millions of dollars in fraudulent charges on customers’ payment cards, the U.S. Court of Appeals for the Third Circuit on Monday agreed with the...
|FCC Order Clarifies Many Details in TCPA and FCC Rules Regarding Call and Text Message Marketing|
Brian A. Nixon, Meredith J. Siller, Laura A. Wytsma; Loeb & Loeb LLP;
July 31, 2015, previously published on July 2015In response to 20 petitions from various marketing companies, industry groups and advertisers, as well as a request for clarification from the National Association of Attorneys General, the Federal Communications Commission (FCC) issued a Declaratory Ruling and Order that clarifies issues relating...