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HTMLAAA Requires Advance Registration for Arbitration Clauses Contained in Terms and Conditions
Andrew B. Lustigman, Scott A. Shaffer; Olshan Frome Wolosky LLP;
Legal Alert/Article
November 19, 2015, previously published on November 13, 2015
Many 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...


HTMLWhen are “gluten-free” claims allowed in Canada?
Shirley Liang; Smart & Biggar/Fetherstonhaugh;
Legal Alert/Article
October 30, 2015, previously published by IP Update - Canada, Smart & Biggar's Canadian intellectual property and technology update
In 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...


HTMLASRC Announces Changes to NAD and NARB Procedures Following Working Group Recommendations
Loeb Loeb LLP;
Legal Alert/Article
October 13, 2015, previously published on September 2015
The 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...


HTMLIn Turnaround, California Abandons Restrictive "Made in USA" Standard
Nathan A. Cardon, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
October 12, 2015, previously published on September 29, 2015
California 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...


HTMLIs There a Lesson from Dunkin’ Donuts for Franchisors Outside Quebec?
M. Sandra Appel; DLA Piper (Canada) LLP;
Legal Alert/Article
September 10, 2015, previously published on August 21, 2015
The 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...


Adobe PDFJoining 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;
Legal Alert/Article
September 9, 2015, previously published on August 13, 2015
The 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...


HTMLWhat’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.;
Legal Alert/Article
September 9, 2015, previously published on September 8, 2015
A 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...


HTMLCompetitors Push Back With False Advertising Laws
Eric W. Buetzow; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
In 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....


HTMLIn 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;
Legal Alert/Article
August 26, 2015, previously published on August 26, 2015
In 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...


HTMLFCC 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;
Legal Alert/Article
July 31, 2015, previously published on July 2015
In 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...


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