June 5, 2021

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Energy and Commerce Committee Democrats Advance 13(b) Reform Legislation through Subcommittee

On May 27, the House Energy and Commerce Committee’s Subcommittee on Consumer Protection and Commerce advanced by voice vote H.R. 2668, legislation to clarify the Federal Trade Commission’s authority under Section 13(b) of the Federal Trade Act, just five weeks after the Supreme Court gutted that authority in AMG Capital Management, LLC v. FTC. The subcommittee vote followed hours of political sparring, with Republicans accusing Democrats of pursuing a rushed, partisan process and Democrats accusing Republicans of ignoring the pleas of the FTC and refusing to engage on the issue.

CPRA Update: What is a “Contractor?”

The California Privacy Rights Act (CPRA), effective January 1, 2023, adds “contractors” to the list of entities that a business may entrust with customer data.  So what is a “contractor?”  And how are “contractors” different from other entities described by California privacy law, such as “service providers” or “third parties?”

As it turns out, the answer is surprising.  Contractors are nearly identical to service providers, with just two differences:  contractors are not data processors; and contractors must make a contractual certification in CCPA contracts.  Moreover, contractors are not even new entities, and were already described in existing California privacy law.

Food Industry Regulatory and Litigation Highlights – April and May 2021

The California Privacy Rights Act (CPRA), effective January 1, 2023, adds “contractors” to the list of entities that a business may entrust with customer data.  So what is a “contractor?”  And how are “contractors” different from other entities described by California privacy law, such as “service providers” or “third parties?”

As it turns out, the answer is surprising.  Contractors are nearly identical to service providers, with just two differences:  contractors are not data processors; and contractors must make a contractual certification in CCPA contracts.  Moreover, contractors are not even new entities, and were already described in existing California privacy law.

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Deepfake Best Practices Amid Developing Legal Practices

In April, Law360 published the article “Deepfake Best Practices Amid Developing Legal Practices,” co-authored by partner John Villafranco and associate Rod Ghaemmaghami. The article provides an analysis of deepfake use cases, describes legal tools available to protect against harmful uses of the technology, and suggests some best practices for responsible use of deepfake technology.

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NEW KELLEY DRYE PRACTICE


Kelley Drye Launches Environmental, Social and Governance Practice

Kelley Drye & Warren LLP today announced the launch of a new Environmental, Social and Governance practice to help clients meet the evolving legal, business and political challenges related to environmental, social, and governance (ESG) issues.  The multi-disciplinary practices offers clients a range of counseling as they face increasing demands from consumers, investors, and regulators, as well as within their own organizations, to proactively address ESG issues across their value chain.

“In essence, ESG issues are reducible to two questions—how should a company meet its own individual challenges of extended responsibility, and what should (or must) it say about what it does,” said John Foote, group co-chair, “We want to help clients answer those questions in a way that safeguards their reputations, minimizes risk, and leverages opportunity.”

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UPCOMING EVENTS

Consumer Protection Conference
American Bar Association
July 12 - 13, 2021 | Virtual Conference
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