June 28, 2018

RECENT NEWS

Court Refuses to Dismiss Lawsuit Over Kanye’s Tweet

Peter Feldman’s Confirmation Hearing for the CPSC Commissioner Spot Puts the CPSC a Step Closer to a Republican Majority

FTC Examining How Consumer Protection and Privacy May Be Affecting Innovation and Competition; Seeking Input and Will Hold Policy Hearings to Address

FDA to Hold Public Meeting on Foods Produced Using Animal Cell Culture Technology

Worlds Collide: FTC Answers CPSC’s Request for Written Comments on IoT and Product Hazards

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ANALYSIS

Selling Products Online? U.S. Supreme Court Ruling May Affect Whether or Not You Must Pay State Sales or Use Taxes
On Thursday, June 21, 2018, the U.S. Supreme Court paved the way for states to collect sales or use taxes from sellers with no physical presence in the taxing state by declaring constitutional a South Dakota law requiring out-of-state sellers to remit sales taxes on sales to South Dakota residents if the sellers exceed certain revenue or transaction thresholds. In South Dakota v. Wayfair, Inc., 585 U.S. (2018), the Supreme Court overturned its 1967 decision in National Bellas Hess, Incorporated v. Illinois, 386 U.S. 753 (1967) and its 1992 decision in Quill Corporation v. North Dakota, 504 U.S. 298 (1992), which had generally prohibited states from collecting sales or use taxes on sales of tangible personal property from sellers with no physical presence within the state. The elimination of the physical presence requirement does not necessarily mean that out-of-state sellers now have substantial nexus with all states, however, and sellers should re-evaluate their tax collection and payment obligations on a state-by-state basis.

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INTRODUCING....GDPR SIDEBAR
Providing concise Q&A noshes on GDPR compliance.

Best Practices for Complying with GDPR Consent Requirements
Under the GDPR, processors must have a lawful basis for processing any data of an EU data subject. Consent is one of six lawful bases under the GDPR, and in this installment of GDPR SIDEBAR, we’ll cover best practices that can help achieve an acceptable level of compliance with GDPR consent requirements.

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Should You Be Complying with the New Data Protection Law?
You’ve probably heard of the dreaded four-letter word – GDPR. Companies around the globe had been preparing for the May 25th implementation date for quite some time. But U.S.-based companies with no apparent EU presence may not have thought twice about whether the data protection law across the pond even applies to them. Let’s face it, we have enough federal and state laws here in the U.S. to worry about. But now that the GDPR dust has settled a bit, these U.S. companies may want to take a closer to look to confirm they aren’t captured within GDPR’s sweeping scope.

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KELLEY DRYE'S FULL SPECTRUM PODCAST

Kelley Drye introduces a new Full Spectrum series, “Inside the TCPA,” which will offer a deeper focus on TCPA issues and petitions pending before the FCC. Each episode will tackle a single TCPA topic or petition that is in the news or affecting cases around the country. In this inaugural episode, partner Steve Augustino discusses the definition of an autodialer or ATDS. This episode addresses the 2018 D.C. Circuit decision in ACA International and the FCC’s new proceeding to examine the definition. With initial comments filed on June 13th, Steve analyzes the principal arguments made by commenters and discusses whether Congress will weigh in on the matter. To listen to this episode, please click here.

Kelley Drye's Full Spectrum is available on iTunes. To subscribe, and keep up to date on the latest trends and topics in communications, simply find the built-in and undeletable podcast app, search “Kelley Drye Full Spectrum,” look for our logo, and hit "subscribe."
 


UPCOMING EVENTS AND SPEECHES

2018 NAD Annual Conference
September 24-25, 2018 | NEW YORK, NY
National Advertising Division
John Villafranco