On Friday, California Governor Gavin Newsom signed seven legislative proposals to amend the California Consumer Privacy Act (CCPA), marking the end of a nearly-yearlong process to make changes to the new privacy law before it goes into effect on January 1st.  The next opportunity to amend the CCPA will be in the 2020 legislative session.... Continue Reading…

On Thursday, California Attorney General Xavier Becerra released draft regulations implementing the California Consumer Privacy Act (CCPA). The regulations provide the first glimpse into how the Attorney General interprets the sprawling law, which is slated to go into effect on January 1. The new regulations cover seven topics: Notices to Consumers: The draft regulations clarify the... Continue Reading…

U.S. Bankruptcy Judge Dennis Montali recently ruled in the Chapter 11 case of Pacific Gas & Electric (“PG&E”) that the Federal Energy Regulatory Commission (“FERC”) has no jurisdiction to interfere with the ability of a bankrupt power utility company to reject power purchase agreements (“PPAs”). Although this question has divided courts which have considered it,... Continue Reading

If it sounds too good to be true, it probably is. But does that age-old maxim apply to a bankrupt customer offering to pay you 100% of your unsecured claim through a “prepackaged” bankruptcy or under a critical vendor program? The answer can be complicated. Partner Eric Wilson and senior associate Maeghan McLoughlin were featured... Continue Reading

As we discussed previously, a truck driver and his wife brought suit in New York federal court against three companies selling a CBD oil product the trucker claims caused him to fail a drug test and thereby lose his job. Back in April, the U.S. District Court Judge, Frank Geraci, dismissed several of plaintiffs’ claims,... Continue Reading

So imagine that your biggest pothead friend from college has opened up a cannabis dispensary that sells weed for recreational use. Your old pal would be selling something that remains utterly unlawful under federal law, the recent and sweeping changes to state law notwithstanding. But two wrongs don’t make a right, according to the Tenth... Continue Reading

On Friday, October 4, 2019, Federal Communications Commission (“FCC”) Chairman Ajit Pai circulated a draft Report and Order (“Order”) that would adopt two uncontroversial changes to the FCC’s tariff filing requirements. Specifically, a 2018 Notice of Proposed Rulemaking and Interim Waiver Order (“Notice”) teed up the potential elimination of the requirement to file annual short... Continue Reading…

Last week, the FCC announced its tentative agenda for its upcoming October 25, 2019 open meeting and released drafts of the items on which the commissioners will vote. There is a notable lack of a spectrum item on the agenda, as Chairman Pai does not appear ready yet to address the pending mid-band spectrum proceedings... Continue Reading…

Tuesday, the FTC issued warning letters to three companies selling CBD products.  The companies, which FTC did not identify publicly, allegedly illegally advertised CBD products as being able to treat or cure serious diseases and health conditions without competent and reliable scientific evidence to support such claims. As we have written about previously, FTC and the...… Continue Reading

We’ve written a lot about FDA’s current position on CBD in food and the ongoing process to evaluate a potential non-drug pathway for the ingredient that emerged seemingly out of nowhere to capture the attention of consumers, legislators, and regulators alike.  While we all wait for FDA to announce an update to its review, states...… Continue Reading

With the signature of Governor Andrew Cuomo last Friday, October 11 (not coincidentally also the United Nations’ “International Day of the Girl”), New York became the first state to require manufacturers of tampons and other feminine hygiene products to include on the product package a full list of ingredients.  The Menstrual Products Right to Know Act (Bill... Continue Reading

The New York Department of Environmental Conservation (NYDEC) is debating its next step after what would have been the nation’s first mandatory disclosure program for cleaning product ingredients was invalidated by a state court judge on August 27th.  In the ruling, the court found that the Household Cleaning Product Disclosure Program was a “rule” — and... Continue Reading

Date: Tuesday, October 8, 2019 Time: 12:30 pm ET | 11:30 am CT Managing employee requests related to disabilities (actual, perceived or alleged) remains a trap for the unwary Human Resources department. Requests may involve leave for extended or unlimited periods of time, workplace changes and more. Employers must consider numerous laws, including the Family... Continue Reading…

So imagine that your biggest pothead friend from college has opened up a cannabis dispensary that sells weed for recreational use. Your old pal would be selling something that remains utterly unlawful under federal law, the recent and sweeping changes to state law notwithstanding. But two wrongs don’t make a right, according to the Tenth... Continue Reading…

Elizabeth Warren is calling for aggressive enforcement of the antitrust laws. The House Judiciary is opening hearings on big tech, and the Justice Department and FTC have allocated amongst themselves responsibility for particular Big Tech companies. Pundits are saying it’s time for Big Tech to be broken up. So, should Big Tech be worried? Are...… Continue Reading

There seems to be a growing concern that Facebook is too big and should be broken up. Among those calling for the breakup are Elizabeth Warren, Chris Hughes and Alexandria Ocasio-Cortez. The FTC has asked Congress to pass a national privacy law to regulate the industry. While some disagree, it seems pretty clear that foreign...… Continue Reading

This article was written by Mark A. Konkel & Emma C. Kelly and originally posted to Kelley Drye’s Labor Days Blog. The labor movement sent a powerful and potentially revolutionary signal to the tech industry this past week on September 24: contract employees of HCL Technologies, working under a renewable contract with Google, voted to... Continue Reading

This article was originally written by Diana R. Hamar & Barbara E. Hoey and posted to Kelley Drye’s Labor Days Blog. A Los Angeles jury awarded a black former UCLA phlebotomist nearly $1.6 million in damages for being subjected to racial harassment by co-workers. Birden v. The Regents of the University of California, No. BC6681389 (Los... Continue Reading

Companies outside the U.S. contemplating purchases of U.S. business (and potential U.S. acquisition targets) are continuing to parse the Department of the Treasury’s two proposed regulations continuing implementation of the Foreign Investment Risk Review Modernization Act (“FIRRMA”).  The proposed rules change the Committee’s jurisdiction and certain procedures related to the national security reviews undertaken by... Continue Reading

On Monday, October 14, 2019, President Trump announced that the U.S. will increase steel tariffs to 50% as a sanction against Turkey’s military advance into Syria last week.  The steel tariffs were originally imposed at 25% under Section 232 of the Trade Expansion Act of 1962 in March, 2018.  In August, 2018, President Trump raised... Continue Reading