LEGAL THOUGHTS

This blog contains our personal opinions on legal topics that interest us.

April 6, 2020

Switzerland currently has an adequacy decision with the EU concerning data protection (see link). The EU investigated Switzerland's data protection law and determined that Switzerland's privacy standards were sufficiently similar to Europe’s strict safeguards.  Because...

April 2, 2020

​If your business uses influencers to promote its products, hoping that your influencers will comply with the FTC endorsement guidelines (see FTC link) is no longer an option.

At the beginning of March 2020, the FTC settled for $1 million with Teami, a detox tea compan...

April 1, 2020

This isn't an April Fool's Day joke. 

On March 23rd, the US Supreme Court ruled that states have carte blanche to infringe US copyrights (Allen v. Cooper, Case No. 18-877, (US Supreme Court March 23, 2020), opinion is hosted on Mega.nz). 

In reaching this decision, the C...

March 27, 2020

On Sunday, March 29th at 2am, Europe will start daylight saving time.  With this change, the standard difference of time between New York, NY (ET) and Central European Time (CET) will return to six (6) hours.

March 23, 2020

Generally, an employer cannot require US employees coming to work to take a temperature test. This is because temperature checks would be considered an overly broad medical examination in violation of the Americans with Disabilities Act (ADA). 

In 2009 at the time of th...

March 19, 2020

I was registering for a COVID-19 webinar by LexisNexis.  But, I couldn't register unless I opted-in to receive direct marketing correspondence.  What?  Shouldn't an opt-in to receive direct marketing materials be optional and not required?  Why should I have to opt-in...

March 16, 2020

I found this tweak to the latest James Bond movie poster in Switzerland. I assume the movie theater owners added the mask because of the COVID-19 pandemic.

March 12, 2020

Earlier this year, the Major League Baseball team the Philadelphia Phillies revealed a new look version of their mascot the Phanatic (Twitter link). The revisions include: a set of flightless feathers, bushier eyebrows, solid blue tail a larger butt, a different shade...

March 8, 2020

The GDPR provides that data subjects can query data controllers to learn about the personal data processed by that data controller.  The CCPA has similar provisions that provide consumers with the right to query a business to learn about the personal information proces...