As we discussed last year, the Federal Trade Commission (FTC) has increased its focus and its enforcement related to the Children’s Online Privacy Protection Act (COPPA), especially in the educational context. Now the FTC is taking further steps to
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Sweeping Changes to Surcharging Practices in New York
This week, New York’s new surcharging law went into effect, replacing the prior surcharge ban which had been attacked at the U.S. Supreme Court (as discussed here). The old law was simply a wholesale ban on credit card surcharges,…
Did you know you can receive profits interest tax-free even when the services are not rendered directly to the partnership?
In the recent case of ES NPA Holding LLC v. Commissioner, the IRS argued that a profits interest can only be received tax-free by a service provider when the service is rendered directly to or for the benefit of the…
EPA Sets the Stage to List PFAS as a Hazardous Waste
With the publication of two new proposed rules on February 8, 2024, EPA has taken the first step under its PFAS Strategic Roadmap to bring PFAS compounds under the umbrella of the Resource Conservation and Recovery Act (“RCRA”). These proposals…
California Appeals Court Holds CPRA’s Implementing Rules Are Immediately Enforceable
Late last week, the California Third District Court of Appeal (the “Court”) overturned a lower court decision delaying the enforcement of amended privacy regulations. On Friday, February 9, 2024, the Court held that the California Privacy Protection Agency (the…
Did you know the IRS has extended its Pre-Examination Retirement Plan Compliance Program pilot, allowing retirement plan sponsors to avoid costly penalties?
On February 7, 2024, the IRS announced it would continue its Pre-Examination Retirement Plan Compliance Program pilot with the Pre-Examination Compliance Pilot 2.0. The pilot program aims to enhance tax compliance for retirement plans by allowing plan sponsors to identify…
Navigating FCC’s Latest Rules: A Quick Guide to Compliance with new TCPA Regulations
In late 2023, the Federal Communication Commission (FCC) adopted significant changes to its Telephone Consumer Protection Act (TCPA) regulations. The purpose of the changes was to address escalating consumer threats caused by scam robocalls and robotexts.
The FCC created new…
The Garden State Joins the Privacy Party – New Jersey Becomes the Latest State to Adopt a Comprehensive Data Privacy Law
Did you know you are not required to agree on allocating the purchase price among the assets in a business acquisition?
In a sale of the assets of a business (or a sale of stock that is treated as a sale of assets), the buyer and the seller must allocate the consideration paid among the business’s assets, including goodwill, and report…
EU Artificial Intelligence Act
The EU’s pioneering AI Act, set to take effect in two years, aims to establish Europe as a global leader for trustworthy AI. It provides for enforcement of unified rules, emphasizing safety and fundamental rights. And it applies to providers…