• 11.16.17

    California Court Tosses Arbitration Agreement ‘Permeated’ by Unconscionability

    Concluding that an arbitration agreement was both substantively and procedurally unconscionable, a California appellate panel affirmed denial of an employer’s motion to compel arbitration.

  • 11.16.17

    SEC Provides Greater Deference to Public Company Boards

    On Nov. 1, 2017, the Securities and Exchange Commission (SEC) issued Staff Legal Bulletin No. 14I(CF), which articulates important interpretive guidance relating to shareholder proposals submitted to public companies for inclusion in proxy statements.

  • 11.16.17

    Lawmakers Speak Out Against Ad Tax Changes

    Legislators are pushing back against a proposed alteration to the tax code that would—for the first time—change the treatment of advertising expenses.

  • 11.16.17

    Ninth Circuit: Let’s Talk About Comic-Con

    The U.S. Court of Appeals for the Ninth Circuit reversed a protective order in the dispute over the “Comic-Con” trademark, finding that a prohibition on the defendants from discussing the case on social media was unconstitutional.

  • 11.16.17

    Keep It Concrete, Ad Groups Urge FTC

    In new comments filed in advance of a workshop on “informational injury,” a coalition of advertising groups encouraged the Federal Trade Commission to take action in cases involving privacy or data security issues only when consumers have suffered concrete injuries.

  • 11.16.17

    Don’t Play Around With Disclosures, CARU Tells Toy Channel

    In a recent decision, the Children’s Advertising Review Unit (CARU) called for more prominent disclosures of ad content on a child-directed YouTube channel.

  • 11.14.17

    2018 Updates to the MACRA Quality Payment Program

    On November 2, 2017, the Centers for Medicare & Medicaid Services (CMS) issued a Final Rule with Comment updating the Quality Payment Program (QPP) under the Medicare and CHIP Reauthorization Act of 2015 (MACRA).

  • 11.14.17

    2019 Notice of Benefit and Payment Parameters

    On October 27, 2017, the Department of Health and Human Services (HHS) released its annual proposed Notice of Benefit and Payment Parameters, containing proposed changes to the regulation of the individual and small group health insurance markets for 2019 and beyond (and in some cases, sooner).

  • 11.09.17

    OCC’s Noreika Continues Conversation on Innovation, Fintechs

    Acting Comptroller of the Office of the Comptroller of the Currency (OCC) Keith Noreika continued speaking out on changes in the financial services industry—and the potential for fintech charters—in recent remarks.

  • 11.09.17

    CFPB News: Supervisory Highlights, Consumer Protection Principles

    In the latest roundup of Bureau of Consumer Financial Protection (CFPB or the Bureau) news, the Bureau published another edition of Supervisory Highlights, released nonbinding Consumer Protection Principles and was officially handed a defeat when President Donald Trump killed the arbitration rule.

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