Compliance

Expert Analysis

• FTC Settlement Puts Contact Lens Compliance In Sharp Focus

  

  The Federal Trade Commission's recent $3.5 million settlement with Vision Path over improper online sales of prescription contact lenses, and related online reviews, demonstrates that companies must eye their legal responsibilities under the Contact Lens Rule and the FTC Act carefully to mitigate legal risks and liability, says David Oberly at Squire Patton.

• Rebuttal

  ABA Is Defending Profession's Values From Monied Influences

  

  A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.

• New Tax Credits For Renewables Should Offer Investors Relief

  

  The Inflation Reduction Act's changes to tax credits for renewable energy projects should finally liberate tax equity investors from the restraints of the complex and onerous federal anti-abuse regime — and similar regimes in North Carolina and other states, says Kay Hobart at Parker Poe.

• Where States Stand On The Legality Of Abortion

  Excerpt from Practical Guidance

  

  In light of Indiana recently joining 19 other states in criminalizing abortion prior to viability, Amanda Zablocki and Mikela Sutrina at Sheppard Mullin review the current slate of state abortion laws and their broader implications.

• What Ore. Employers Can Do Ahead Of Paid Leave Law

  

  Employers with more than 25 employees anywhere in the world, who have at least one employee in Oregon — including remote employees — should consider taking five steps now before the Oregon Family Leave Act takes effect on Jan. 1, says Florence Mao at Ogletree.

• Making Sense Of SEC's Crypto Enforcement Summer

  

  The U.S. Securities and Exchange Commission's recent flurry of cryptocurrency enforcement actions fulfill Chair Gary Gensler's promises to clamp down in this area, and offer common themes that may serve as a guide for digital asset market participants, say Arina Shulga and Jeffrey Kelly at Nelson Mullins.

• NY Ruling Sheds Light On UCC 'Commercial Reasonableness'

  

  A recent New York state court decision in WC Braker Portfolio v. ATX Braker suggests that mezzanine lenders conducting foreclosure sales cannot rely solely on pledge agreement safe harbor provisions to satisfy the commercial reasonableness test under the Uniform Commercial Code and state law, say Gregg Weiner and Andrew Todres at Ropes & Gray.

• How In-House Counsel Can Better Manage Litigation Exposure

  

  In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.

• Beware Broad Scope Of Gov't Contract PAC Contribution Ban

  

  With the midterm elections quickly approaching, businesses looking to contribute to independent expenditure-only political action committees should note the broad definition of "government contract" in a spate of recent federal enforcement actions finding campaign law violations, say attorneys at Akin Gump.

• Key Employer Takeaways From DOJ's Poultry Antitrust Case

  

  The U.S. Department of Justice’s settlement with three major U.S. poultry processors for allegedly conspiring to fix employee wages and benefits may signal an uptick in antitrust violation investigations and serves as a reminder to companies of the risks they face when managing employee personal data, say attorneys at Akin Gump.

• Practical E-Discovery Lessons From The Alex Jones Case

  

  The accidental disclosure of mobile phone data during the Alex Jones defamation damages trial underlines the importance of having in place a repeatable e-discovery process that includes specific steps to prevent production of data that may be privileged, sensitive or damaging to the case, say Mike Gaudet and Richard Chung at J.S. Held.

• Cannabis Cos. Should Brace For More Prop 65 Scrutiny, Suits

  

  Given California regulators' recent move to apply special Proposition 65 warning language to cannabis products, it is crucial that companies in the cannabis industry update their compliance programs, and prepare for more litigation from plaintiffs pursuing increasingly creative claims, says Jasmine Wetherell at Perkins Coie.

• PFAS Superfund Hazard Designation Would Inflate Cos.' Costs

  

  The U.S. Environmental Protection Agency's recent proposal to designate two common per- and polyfluoroalkyl substances as hazards under the Superfund law will likely impose heavy cleanup and litigation costs on businesses, disposal facilities and the military — and trigger significant tracking and reporting obligations as well, say attorneys at Quarles & Brady.

• What The Inflation Reduction Act Has To Do With Crypto

  

  The recently enacted Inflation Reduction Act’s $80 billion supplemental funding allotment for the IRS could have unexpectedly significant implications for the cryptocurrency market, which may find itself the target of ramped-up tax audits and enforcement, says cybersecurity consultant John Reed Stark.

• FTC Challenge to Meta VR Deal Could Restrict Tech M&A

  

  The Federal Trade Commission faces notable risks in bringing its recent suit to prevent Meta's proposed acquisition of virtual reality fitness app maker Within Unlimited, and — if victorious — it could have a chilling effect on Big Tech M&A; activity going forward by constraining the decisions of larger established incumbents, say attorneys at Fenwick.