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HTMLMoney Spent on Marketing Financial Products Beats Financial Education
Jonathan L. Pompan; Venable LLP;
Legal Alert/Article
December 13, 2013, previously published on December 11, 2013
The Consumer Financial Protection Bureau (“CFPB”) recently released a study of consumer financial services marketing, which found that it can be difficult for consumers to find objective information. The study focuses on the size and scope of the financial information field. The study...


HTMLCalifornia Court Continues Ascertainability Trend, Denies Class Certification in Chipotle "Naturally Raised" Litigation
Edward P. Boyle, David D. Conway; Venable LLP;
Legal Alert/Article
December 9, 2013, previously published on December 2013
Purveyors of mass-retail food products may have a new reason to rejoice this holiday season. On December 2, the U.S. District Court for the Central District of California, in Hernandez v. Chipotle Mexican Grill, Inc., quietly issued a three-page In Chambers Order denying class certification in a...


HTMLThe New Year May Mean You Need a New Privacy Policy: Recent Changes in Laws Require Attention
Jesse M. Brody, Alan L. Friel; Edwards Wildman Palmer LLP;
Legal Alert/Article
December 6, 2013, previously published on December 2013
Companies should examine their data privacy and security policies and practices before the start of the New Year to make sure that they are compliant with new changes in federal and state laws, regulatory guidance, self-regulatory programs and evolving enforcement priorities affecting consumer data...


HTMLPoint, Click and Contract?
Alagood Cartwright P.C.;
White Paper
December 5, 2013, previously published by Denton Business Chronicle on December 15, 2013
More and more of us are doing our shopping online for the holidays. Much of the time, before the sale is completed, we are asked to check a box that says something like "agree to terms and condition." Occasionally, if you are like most people, you'll scroll down the tiny box skimming...


HTMLFDA’s Message to Medical Device Company: Stop
Ralph S. Tyler; Venable LLP;
Legal Alert/Article
December 2, 2013, previously published on November 27, 2013
The widely publicized start-up company 23andMe, Inc. markets its “personal genome service product” as providing reports on hundreds of diseases and conditions that enable users to “take steps toward mitigating serious diseases,” including diabetes, coronary heart disease,...


HTMLThe New Targeted Advertising Initiative: Scanning Faces
Dentons Canada LLP;
Legal Alert/Article
November 27, 2013, previously published on November 26, 2013
Tesco has teamed up with UK technology group, Amscreen to launch "OptimEyes screen", across its 450 petrol stations, in a reported five year deal.


HTMLWhen is a Product Natural? A Dangerous New Front in the Battle Over A Notoriously Undefined Term
Barry M. Benjamin, John C. Knapp; Kilpatrick Townsend & Stockton LLP;
Legal Alert/Article
November 25, 2013, previously published on November 22, 2013
A class action filed in California this month challenges the “100% Natural” claim on Celestial Seasonings’ teas on the basis of testing alleged to have revealed the presence of various pesticides and other toxic elements in the product. However, the case, Von Slomski v. Hain...


HTMLNAD Case Reports in Federal Court: What Evidentiary Value Does a Self-Regulatory Decision Hold?
Roger A. Colaizzi, David D. Conway, Amy Ralph Mudge; Venable LLP;
Legal Alert/Article
November 15, 2013, previously published on November 13, 2013
This week we are planning to post a series of blogs looking at NAD procedural issues. For advertisers, how NAD works can sometimes be as important as what NAD decides. This first posting, however, pertains to the intersection between the NAD and the federal courts. The evidentiary value of an...


HTMLN.D. Ill. Denies Employer Summary Judgment on Retaliation Claim, Stressing Shifting Explanation for Discharge
Harris Michael Mufson, Steven J. Pearlman, Amanda C. Wiley; Proskauer Rose LLP;
Legal Alert/Article
November 13, 2013, previously published on November 12, 2013
The U.S. District Court for the Northern District of Illinois recently ruled that a retaliation claim survived summary judgment because of the “convincing mosaic” of evidence of retaliation the Plaintiff presented, particularly the employer’s purportedly shifting explanation...


HTMLAdvertising Accountability Program Issues First Set of Compliance Warnings for Violations of Enhanced Notice Internet Rules
Loeb Loeb LLP;
Legal Alert/Article
November 13, 2013, previously published on October 2013
Signaling its intent to enforce industry-established guidelines relating to behavioral advertising, the Better Business Bureau's Online Interest-Based Advertising Accountability Program announced the issuance of a compliance warning to companies that had fallen short of some of the Program's...


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