Recently, the Federal Trade Commission has approved final consent orders against Patriot Puck and Sandpiper/PiperGear in which the agency alleged that companies falsely claimed their products were made in the United States. In both cases, much of the products finished goods were imported or had imported components. Marketers and manufacturers that promote their products as
Today, the Federal Bureau of Investigation, Cyber Division released Private Industry Notification (PIN) 20190423-001 regarding continued observation of U.S. businesses’ reporting significant losses caused by cyber insider threat actors, including former or disgruntled employees exploiting their enhanced privileges—such as unfettered access to company networks and software, remote login credentials, and administrative permissions—to harm companies. Kennyhertz
In February 2017, the NCAA and the 11 FBS conferences settled a class action lawsuit relating to the NCAA’s previous limit on athlete compensation. The $208.7 million settlement, part of the Alston case, resolved damages claims brought by scholarship athletes in football and men’s and women’s basketball who claimed that the NCAA’s then limit on
In a long-anticipated (but not unexpected) decision, Judge Claudia Wilken of the United States District Court for the Northern District of California has once again held that NCAA bylaws limiting compensation for college athletes are illegal. Judge Wilken also issued the trial court decision in O’Bannon v. NCAA, the first decision by a court finding
Braden Perry, a former federal enforcement attorney who is now a regulatory and government investigations attorney with Kennyhertz Perry, discussed the Federal Trade Commission’s recent settlement of its suit related to companies using fake paid reviews to boost sales with E-Commerce Times. In this case, the defendants advertised and sold purported weight loss products and
Foreign Corrupt Practices Act and the CFTC
![Shi[p] Out of Luck: Consumers Seeking to Recover for Lost or Damaged Packages Face an Uphill Battle](https://kennyhertzperry.com/wp-content/uploads/2019/03/shipping-insurance-damaged-parcel-714x402.jpg)
Most people are unaware of the fact that FedEx and UPS have been granted almost complete immunity from claims based on state law, and further, their liability for loss or damage to packages is typically limited to $100. If a higher value of the package is declared, and an extra premium paid, this limitation can
The Commodity Futures Trading Commission (“CFTC”) announced a whistleblower award totaling more than $2 million to be paid to an individual whistleblower. The CFTC granted the whistleblower’s award application for both a CFTC action and a related action brought by another federal regulator. CFTC’s Whistleblower Program was created under Section 748 of the Dodd-Frank Wall
Kennyhertz Perry attorney Arthur Chaykin presented a class on “Legal Basics for Business” at the Kauffman Foundation & Conference Center on February 21, 2019 to about 30 business owners enrolled in the SCORE program. Arthur and the participants discussed topics such as choosing an appropriate business entity, leveraging business contracts, risk management and insurance, and intellectual
For the first time, the Commodity Futures Trading Commission (CFTC) announced 2019 Examination Priorities for registrants of the Division of Market Oversight (DMO), Division of Swap Dealer & Intermediary Oversight (DSIO), and Division of Clearing & Risk (DCR). DMO’s Compliance Branch’s 2019 Examination Priorities include: (1) cryptocurrency surveillance practices (2) surveillance for disruptive trading; (3)
Kennyhertz Perry Attorney Braden Perry was recently featured in a U.S. News & World Report article discussing the pros and cons of investing in private securities. The article noted that since private placements are not traded on exchanges, an individual placement may be available through one of these sources but not the others. “Two of the main
Kennyhertz Perry Attorney Jeff Donoho was recently featured in Kansas City Star article on the booming business of Medical Marijuana in Missouri. The article noted that as the state publishes regulations, business owners will need help interpreting them, which will drive demand for lawyers. “Obviously this is one of the most highly regulated industries that
