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New FTC Guidelines for Promoting Products on Social Media

Social media can be used in a multitude of ways for savvy brands to promote their products. A popular approach is providing “celebrity bloggers” with free or discounted items in exchange for a picture, post, tweet or “shout-out”, which creates “organic” exposure for their brand. While social media has its own methods of operation, the ...
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Drafting Agreements to Avoid Picking the Wrong Arbitration Forum

Editor’s note: This article describes a hypothetical situation. Bob has studied the rules of various arbitration providers. He knows an effective advocate chooses the arbitration forum that offers the rules best suited for the particular controversy. So, for instance, “If you want depositions, why not pick an arbitration forum whose rules expressly allow depositions?” Always ...
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Employers Hit with Background Check Lawsuits

Employees and job applicants are filing class action lawsuits against employers alleging that they are using invalid forms to obtain consent for background checks as part of their hiring process. The lawsuits allege violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. (“FCRA”), which provides for statutory damages of up to $1,000 for ...
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EEOC Proposed Rule on Wellness and the Americans with Disabilities Act – What Employers Need to Know

The employer community has been waiting for years to receive guidance from the Equal Employment Opportunity Commission on wellness programs and how an employer’s obligations under the Americans with Disabilities Act intersect with its rights and obligations under the Health Insurance Portability and Accountability Act (as amended by the Affordable Care Act). The EEOC finally ...
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Comparison of the Discovery Process in Civil Litigation in the U.S. and Germany – An Introduction

Co-Authored By: Claudia Borsutzki, Attorney admitted in California and Germany and Hagen Weiss, Attorney admitted in Germany. In light of the growth of border-crossing commerce and rapid development of international business relations, international law is becoming a more and more important part of the structure of our growing global society.  This article focuses on the law ...
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