Legal Updates

Can advertisers still be content creators?

Even in a world of big data, advertising is, and always has been, focused on creative story telling. From account executives to brand managers, the key players in the advertising world have always sought to push the envelope with clever television ads, compelling print visuals, and catchy banner ad slogans. But in the digital age, the consumer has evolved and so has the manner in which they consume content. They are less likely to flip a page in a print magazine or tune in to a commercial, but rather they consume content through various social platforms and digital apps. Now, audiences expect more than advertising from brands; they are looking for brands to inform, educate, and surprise them in order for them to interact or spend time with the brand’s advertising.

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Court Denies Injunction to Keep Amended Persuader Rule from Taking Effect – Finds DOL Exceeded Authority Under LMRDA

Steven M. Swirsky

Steven M. Swirsky

U.S. District Court Judge Patrick J. Schiltz “has found that aspects” of the Department of Labor’s Amended Persuader Rule “are likely invalid because they require reporting of advice that is exempt from disclosure under Section 203(c)” of the Labor Management Reporting and Disclosure Act (LMRDA).

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Litigation in Scotland: New Simple Procedure Rules

Scotland’s civil courts are currently going through a period of historic reform aimed at modernising the civil justice system to make it more efficient and less expensive. As part of this on-going process, new simple procedure rules were recently published that will replace the current small claims procedure for cases that value £5,000 or less.

Here we provide a brief overview of the background to these reforms and the new simple procedure rules. We also take a look at the Scottish Civil Justice Council’s recently published Annual Report, highlighting some of the other key changes that have been and are taking place. For more information, please call our specialist litigators.

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God adfærd i det offentlige – hvad er det?

Medierne har i denne uge været fyldt med omtale af bagmandspolitiets anholdelser i sag om bestikkelse af lønmodtagere – artiklen redegør for god adfærd i det offentlige i tilknytning til evt. modtagelse af gaver og lignende.

Moderniseringsstyrelsen (tidligere Personalestyrelsen), Kommunernes Landsforening og Danske Regioner udgav i juni 2007 en vejledning om god adfærd i det offentlige. Vejledningens afsnit 4 har overskriften: Modtagelse af gaver m.v.

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NLRB Scraps Rule on Mixed-Guard Unit Recognition – Employment Law This Week

Featured on Employment Law This Week: The NLRB reverses its mixed-guard unit recognition rule. If a union represents both security guards and other employee groups, then an employer’s decision to recognize the union is voluntary. Before this decision, employers could also withdraw their recognition if no collective bargaining agreement was reached.  Now, employers must continue to recognize the union unless and until the employees vote to decertify it in an NLRB election.

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The Focus of Equal Pay Laws Is Redefined

Several states have recently passed laws (California, Maryland,[1] and New York) or have bills currently pending in their state legislatures (California,[2] Colorado, Massachusetts, and New Jersey) [3] seeking to eliminate pay differentials on the basis of sex (and, in some cases, other protected categories) (collectively, “Equal Pay Laws”).

Among other provisions, most of the Equal Pay Laws contain four components. They aim to (i) strengthen current equal pay standards, (ii) create pay transparency rules, (iii) expand equal pay protections beyond gender, and (iv) redefine the geographic reach of existing equal pay laws.

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“Brexit” – Implications for Employment Law

With the referendum on the UK’s EU membership only days away, there has been much discussion of the effect a “Brexit” could have in numerous areas. Here, we look at the possible implications leaving the EU could have for employment law.

A significant amount of UK employment law comes from the EU, including discrimination laws, laws on the transfer of undertakings (TUPE), rights to family leave and the Working Time Regulations, which provide for holidays and rest breaks.

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Overgangsordningen for bedriftsinterne aldersgrenser opphorer 1. juli 2016

Regelen om bruk av aldersgrense i arbeidslivet ble endret fra 1. juli 2015, ved at aldersgrensen ble hevet til 72 år. Ved endringen ble det etablert en overgangsordningen for virksomheter som allerede hadde etablerte bedriftsinterne aldersgrenser lavere enn 70 år. Ordningen utløper den 1. juli 2016.

Loven åpner fremdeles for etablering av lavere aldersgrenser på nærmere angitte vilkår, som konsekvent og kjent praksis, samt etablering av en tilfredsstillende tjenestepensjonsordning.

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Supreme Court: False Claims Act & Materiality Requirement

Stuart GersonThe U.S. Supreme Court has rendered a unanimous decision in the hotly-awaited False Claims Act case of Universal Health Services v. United States ex rel. Escobar.  This case squarely presented the issue of whether liability may be based on the so-called “implied false certification” theory.  Universal Health Service’s (“UHS) problem originated when it was discovered that its contractor’s employees who were providing mental health services and medication were not actually licensed to do so. The relator and government alleged that UHS had filed false claims for payment because they did not disclose this fact and thus had impliedly certified that it was in compliance with all laws, regulations, etc.  The District Court granted UHS’s motion to dismiss because no regulation that was violated was a material condition of payment. The United States Court of Appeals for the First Circuit reversed, holding that every submission of a claim implicitly represents regulatory compliance and that the regulations themselves provided conclusive evidence that compliance was a material condition of payment because the regulations expressly required facilities to adequately supervise staff as a condition of payment.

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Advertising Claim Substantiation: 5 out of 5 Readers Will Love this Article

20,679 physicians say Lucky Strike [cigarettes] are less irritating. It’s hard to imagine that a claim from a 1930s Lucky Strike ad survived today’s regulatory and class-action environment. Someone would take a shot at the ad: a competitor brand, the Federal Trade Commission (FTC), or consumers.

But maybe we haven’t evolved all that much. Here is another number: advertising claim substantiation fails nearly three out of four times. This one is true. Looking at 68 consumer perception surveys deployed by brands and their challengers from 2006 to 2011, 71% were deemed unreliable by the National Advertising Division (NAD) of the Council of Better Business Bureaus, which offers alternative dispute resolution for advertisers.

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