Summary: FDA marketing rules draw a clear line: you sell the benefit, but you don’t rewrite the label. Product names, taglines, and claims all signal “intended use,” and reviewers read between every line. Teams that anchor copy to approved language, build an internal claim grid, and pressure-test campaigns before launch protect both revenue and reputation. In the 80s and 90s, pharmaceutical brand names tried to tell Read More
When Marketing Outruns Approval: What Regulated Industries Can Learn From Pharma
Summary: Pharmaceutical marketing operates at the edge of federal regulation, competitor scrutiny, and scientific proof. Recent Lanham Act disputes, including Section 43(a) claims tied to product labeling and advertising, show how quickly ambition can outpace compliance. The lessons extend far beyond pharma. Any regulated industry making performance or safety claims faces similar exposure when substantiation lags Read More
Contractors and Employees: The Differences and When to Transition
When companies first start up, it’s common, and often efficient, for them to rely on independent contractors. Contractors bring flexibility, lower overhead, and minimal compliance burdens. That works when you’re small. But when contractors end up working exclusively for your company, with you deciding what they do, when they work, and how they operate, you’re risking misclassification, and that opens a legal can of Read More
Why Salary Alone Doesn’t Make an Employee Exempt
Businesses often assume that paying an employee a salary means they don’t have to worry about overtime. That’s a costly mistake. The Fair Labor Standards Act (FLSA) sets strict requirements for classifying employees as exempt from overtime pay, and salary is just one piece of the equation. A recent court decision on the Department of Labor’s (DOL) salary threshold changes has added another layer of confusion, making Read More
Ensuring Legal Compliance and Workplace Harmony
Building on the foundational practices of managing employee complaints, it's crucial to delve deeper into advanced strategies that not only address immediate concerns but also reinforce long-term legal compliance and workplace harmony. In this part II discussion, we explore additional facets of complaint management, including proactive measures, advanced interviewing techniques, and the integration of complaint Read More
An Effective Employee Handbook is Crucial for Your Business
Managing employees is one of the most difficult parts of running a business. Ironically, the cornerstone of personnel management, an employee handbook, is a critical task that is too often overlooked. This document serves as a comprehensive guide, establishing clear policies and procedures within the workplace. The handbook’s vital role in operations and dispute resolution cannot be overstated, establishing Read More
Navigating Regulatory and Business Challenges in Highly Regulated Industries
Before 2018, Elizabeth Holmes and Theranos, the company she founded, were lauded nationally and internationally for a magic box that promised a new era in democratized healthcare. On that promise, Theranos attracted some $700 Million in funding, signed a deal with Walgreens, and reached the dizzying heights of a $10 Billion valuation – all without turning a profit. The truth, however, was that Theranos’ magic box Read More
BAKER JENNER ALERT: FTC Proposes New Rule Banning Noncompete Clauses
In our August 2021 BAKER JENNER ALERT, we advised our clients and colleagues about the Biden Administration’s new policy initiative, centered on eliminating noncompete restrictions applicable to many aspects of the American workplace. Following, on January 5 and 19, 2023, the Federal Trade Commission (FTC) unrolled its sweeping new proposed rule that would ban noncompete restrictions on workers and others. A copy of Read More
Biden’s Executive Order Targeting Non-Competes—How Scary is its Bite?
With consolidation looming large in health care, tech, social media, internet platform providers, and other industries, non-compete agreements are receiving renewed scrutiny at the political and regulatory levels. This renewed scrutiny coincides with recent bad press concerning some national employers’ injudicious uses of non-competes to restrict low-wage and rank-and-file employees. President Biden has now Read More
Reopen Your Office Safely and Legally
Now that millions of COVID-19 vaccines are getting into arms each day, more employers are feeling comfortable with reopening physical workspaces. With the reopening of offices, though, comes an assortment of legal and practical considerations. In any context, proactive communication and clear expectation setting can help grease the wheels for a smooth return to normality. There is one question on many employers’ Read More
