The Kelley Drye Brief - Spring 2022

Message From Kelley Drye’s Chair “,” Kelley Drye Unveils First-of-its-kind Advertising Law App “,” Kelley Drye Adds Leading Technology Attorney Scott Doyle “,” Upcoming Events “,” In Case you Missed It “,” BTI Survey Names Kelley Drye as a Client Service A-Team”

Message from Kelley Drye’s Chair

Dear Clients and Friends,I hope you enjoy our Spring edition of

The Kelley Drye Brief. In this issue we share exciting firm news and highlight upcoming events, including the return of our popular Labor and Employment webinar series and our annual Fashion and Retail Law Summit, which I am happy to report will take place in person on June 23.

In late May we welcomed to Kelley Drye leading technology attorney Scott Doyle. Scott focuses his practice on patent and intellectual property infringement actions, having successfully first-chaired numerous cases in federal district courts, before the United States Patent Trial and Appeal Board, and at the United States International Trade Commission. Scott’s addition to Kelley Drye’s patent practice represents a key step in our efforts to expand the firm’s capabilities, and his prior work with Section 337 actions at the ITC provides a strong complement to Kelley Drye’s renowned international trade practice.

In other good news, we recently announced the launch of our new app – Ad Law Access – a first of its kind, one-stop portal that provides updates and analysis on advertising, marketing and privacy data security law. I hope you download the app today it is available for free in the Apple App Store and Google Play.

I am also pleased to share that BTI Consulting named Kelley Drye among the Client Service A-Team” and recognized the firm as one of only 59 law firms with the most improved client service over last year. Effective and efficient communication, timely responses to client inquiries, and practical advice serve as the fuel driving improved performance. Leading corporate counsel name Kelley Drye as a standout in two of the 17 activities clients value most. The two activities are Fielding the Best Team” and Advising on Business Issues.” I am proud that Kelley Drye is recognized for taking a business-oriented approach to counseling and for building teams tailored to clients’ needs. We know that clients have myriad law firms available, and we take pride that clients choose to work with us not only for the legal services we provide, but for also for how we deliver advice and counsel.

While the last few months brought us good news and success, we also mourned the passing of our partner, friend and former Chair, John Callagy. John was a brilliant lawyer, a loyal and fierce advocate for his friends and clients, and a great leader of Kelley Drye. He was a longstanding member of the firm’s Executive Committee, becoming the firm’s Chair in 1992, at a time when the firm was in need of a clear vision and steady leadership. He was repeatedly reelected to that position for nearly 20 years, until stepping down in 2011. With boundless energy and a steady hand, he led the firm through many challenges, including during the global financial crisis and in the aftermath of the September 11th attacks. Whether in the courtroom, boardroom, or in the halls of Kelley Drye, John commanded the room, and people were guided and influenced by his words and actions.

John led the firm’s forward progress with a clear and optimistic vision for the future, and with an unmatched charisma, enthusiasm and determination that inspired everyone at the firm. John’s leadership during his tenure as Chair of Kelley Drye continues to be a model for our success.

John loved the practice of law and this firm, which owes him a great debt of gratitude. John leaves behind the rich legacy of a thriving firm and countless lawyers who admired him and continue to follow his example of professionalism, devotion to clients, and charitable work. He was a mentor and friend to many at the firm. Personally, I will always be thankful for his guidance and influence on my career. He will be greatly missed.

All my best,
Jim Carr, Chair of Kelley Drye

Kelley Drye Unveils First-of-its-kind Advertising Law App

In early May we announced the launch of our new App – Ad Law Access – a first-of-its kind, one-stop portal that provides updates and analysis on advertising, marketing, and privacy/data security law. The App is now available as a free download in the Apple App Store and Google Play, and can be used on iPhone, iPad, and Android devices.

As we all have become busier, we have sought out content whenever and wherever we need it,” said partner John Villafranco. With the Ad Law Access App, the advertising law community can keep up with the latest developments while driving, walking the dog, waiting in line, or lounging around the house without having to set aside time to read an article or watch a video.”

The launch builds on the top-rated Ad Law Access blog and follows the recent debut of the Ad Law Daily Podcast, featuring Simone Roach, which the firm unveiled earlier this year.

With the success of our blog and podcast, we wanted to provide an easy way for our readers and listeners to get that content on their devices in one place,” said Ad Law practice chair Christie Thompson.

We are continuously looking for new ways to leverage the latest technology to benefit our clients,” said chief technology officer Judi Flournoy. This app provides an intuitive platform that can deliver the full breadth of our Ad Law offerings to any device.”

For additional information, visit:

Kelley Drye Adds Leading Technology Attorney Scott Doyle

Kelley Drye & Warren LLP today announced that prominent patent litigator Scott Doyle has joined the firm as partner. Scott focuses his practice on patent and intellectual property infringement actions, having successfully first-chaired numerous cases in federal district courts, before the United States Patent Trial and Appeal Board, and at the United States International Trade Commission.

Scott has decades of experience handling litigation involving a broad range of technologies, including telecommunications, internet, computer hardware and software, automotive, chemical compositions, medical devices, semiconductor, and biotechnology. He has represented some of the world’s largest and most technically sophisticated companies, including Daimler/Mercedes Benz, Schlumberger, Nikon, IMAX, and WebMD. Outside the courtroom, he is well versed in leading arbitrations and mediations involving intellectual property issues.

Scott’s prior work with Section 337 actions at the ITC provides a strong complement to Kelley Drye’s renowned international trade practice and delivers an important expansion to the capabilities of the firm’s patent practice group.

Scott’s addition to the Patent practice represents a key step in our efforts to expand the firm’s capabilities,” said Dana Rosenfeld, Kelley Drye managing partner. His extensive experience, especially in Section 337 and Inter Partes Review (IPR) cases, will provide additional resources to deliver the results and level of service that our clients depend on.”

Scott has considerable experience managing IPR cases before the U.S. Patent Trial and Appeal Board, and he has argued several appeals before the U.S. Court of Appeals for the Federal Circuit. He has also worked on a wide-range of technology-related transactions, including buyouts, mergers and acquisitions, investments, and patent portfolio sales, and on many forms of technology agreements, including licensing agreements, employment agreements, and development agreements.

The reputation the firm enjoys for both international trade and patent litigation is outstanding,” said Scott Doyle. The opportunity to work with best-in-class lawyers who are great, collegial people, made the decision to join Kelley Drye easy.”

Scott received his L.L.M. with highest honors from George Washington University, his J.D. from George Mason School of Law, his M.B.A. from Georgetown University, his M.S. in Electrical Engineering, Communications and Computer Systems from George Washington University, and his B.S.E.E. from Virginia Tech.

Prior to joining Kelley Drye, Scott was the national chair of the IP litigation practice at Fried Frank, served as the global chair of IP litigation at Shearman & Sterling, and was the national chair of Greenberg Traurig’s Section 337 practice. He also served in various in-house counsel roles, most notably as General Counsel and Corporate Secretary for Engage Mobilize, Inc., a technology and software provider in the oil and alternative energy markets..

Upcoming Events

Join Kelley Drye for the following upcoming programs, including our annual fashion and retail summit and the return of our Labor and Employment webinar series. And in case you missed it, check out recordings of our recent webinars on a variety of hot topics.

Thursday, June 23, 2022, 10:30 AM – 5:00 PM ET
New York, NY
Kelley Drye will host the eighth annual IN FASHION: Fashion and Retail Law Summit for executives and in-house counsel. Kelley Drye lawyers and thought leaders from some of the world’s top fashion and retail companies will convene for a full day of presentations on hot button issues that impact the business.

In Fashion will feature keynote speaker Claire Spofford, Chief Executive Officer and President of women’s apparel brand J. Jill.

The event will address the latest trends, anticipated developments, and challenges in the fashion and retail industries.

The agenda will include the following programs:

  • Protecting Your Intellectual Property Rights in the Metaverse
  • Clear and Convincing Evidence: What Importers Need to Know About the UFLPA
  • Forever Chemicals in the Fashion Industry: Managing Liability and Consumer Sentiment with PFAS and Other Emerging Contaminants
  • Forecasting the Future of Privacy: What the Fashion Industry Needs to Know
  • New Trends on Vintage Styles: Advertising Law Update
  • More Radical Transparency in Fashion: PAY
  • New In Style: Mass Arbitrations and How Your Company Should be Prepared

This complimentary event is by invitation only. If you or a colleague are interested in receiving an invitation, please contact infashion@​kelleydrye.​com.

AI and U.S. Patent Laws: Forward-Looking Strategies for Startups
Wednesday, June 29, 2022, 1:00 – 2:00 PM ET
Patent offices, along with the courts in many jurisdictions, have struggled to establish clear delineations of what is and what is not patentable. The jurisprudence is continually evolving. AI patents are strongly dependent on mathematical relationships and algorithms, which are considered abstract ideas under patent law, restricting what can be patented.

At issue: Whether a country’s patent laws requires an inventor” to be a human being. The U.S. Patent Act requires that the patent application identify at least one inventor,” who is defined as an individual,” not a machine.

  • Can the current U.S. patent system effectively address AI protection since AI is radically different from other innovations?
  • Will attempting to pigeonhole AI inventions using laws that did not foresee this technology frustrate innovation?

Join us for a discussion on thinking through AI/Software-related patents in U.S. courts in this webinar, which is part of our Startup Workbench Webinar Series” with Cornell Tech. To register, click here.

WORKing Lunch Webinar Series: Employment Law Trends and What Employers Need to Know
Join Kelley Drye’s Labor and Employment team for the 2022 WORKing Lunch Series, which includes five webinars focused on the latest trends and developments in workplace law. Sign up for one, some, or all of the programs. Invite a colleague, grab your lunch as we take a deep dive into these timely employment topics.

Tuesday, June 28, 2022, 12:30 pm ET
How to Avoid Legal Pitfalls With A Hybrid Workforce

The pandemic has solidified many employees’ preference for remote work. As companies roll out their return-to-office plans, they are faced with increasing employee demands for remote and hybrid work arrangements. There’s no question that the future workplace may require a combination of in-office and remote work in order to retain a strong and cohesive workforce, reduce turnover and attract top talent. But how can employers facilitate a new, hybrid workplace without resulting in a compliance nightmare?

This webinar will cover:

  • Important considerations when building a hybrid work model and for supporting remote workers
  • Wage and hour concerns with a hybrid workforce
  • Necessary policies and procedures to sustain an effective hybrid workplace

Register here.

Wednesday, July 20, 2022, 12:30 pm ET
How To: Protect Employee/HR Data and Comply with Data Privacy Laws

As workforces become increasingly mobile and remote work is more the norm, employers face the challenge of balancing the protection of their employees’ personal data and privacy against the need to collect and process personal data to recruit, support and monitor their workforces. Mounting regulations attempt to curb employers’ ability to gather and utilize employee data—from its historical use in processing employee benefits and leave requests to employers’ collection, use or retention of employees’ biometric data to ensure the security of the organization’s financial or other sensitive information systems. Learn what employers can do now to protect employee data and prepare for the growing wave of data privacy laws impacting the collection and use of employee personal data.

This webinar will cover:

  • Existing and prospective laws and regulations employers should be aware of when managing their workforce
  • Key principles to adhere to when collecting and handling employee personal data
  • Best practices for protecting employee personal data during the employment life cycle

Register here.

In Case you Missed It

Check out recordings of and materials from recent webinars hosted by Kelley Drye.

A Readout of the California Privacy Protection Agency’s Draft Proposed CPRA Regulations
The spotlights of the consumer privacy world are once again on California after the new California Privacy Protection Agency made a surprise Friday night release of its draft California Privacy Rights Act (CPRA) regulations on May 27, 2022.

In this webinar, Kelley Drye provides observations on the proposed regulations, including which would pose the biggest challenge for businesses if implemented, and offer strategies to plan efficiently for compliance in the face of these proposals.

View a recording here.

State Attorneys General 101
State Attorneys General play an increasingly important and powerful role in enforcing consumer protection laws and establishing public health standards impacting broad swaths of business. They are the primary enforcers of consumer protection laws within their state and hold sweeping powers to protect the public they serve by launching investigations and litigation alone or in multi-state actions involving numerous states and territories across the country.

In this webinar, partner Paul Singer and senior associate Beth Chun cover the basics of State AG consumer protection powers, what to expect if you find yourself a target of attorneys general investigation, how to look to state attorneys general to stop improper actions of competitors, and more. Discussion topics include:

  • What powers do State AGs have, and how did they get their positions?
  • How do AGs set their consumer protection priorities?
  • So a State AG contacted you, now what?
  • Your competition is playing unfair and you want it stopped! What to do?

View a recording here.

Teen Privacy Law Update
Protecting the privacy and safety of kids and teens online is receiving enormous attention lately from Congress, the States, the FTC, and even the White House. Further, just last month, BBB National Programs unveiled a Teenage Privacy Program Roadmap offering a comprehensive framework for companies to use in identifying and avoiding online harms impacting teens.

Amidst these developments, Kelley Drye hosted a webinar to discuss the unique challenges associated with teen privacy. Dona J. Fraser, Senior Vice President Privacy Initiatives, BBB National Programs, and Claire Quinn, Chief Privacy Officer, PRIVO, along with Kelley Drye’s Laura Riposo VanDruff provided an update on key concerns and developments related to teen privacy, as well as practical tips for companies seeking to address these issues.

View a recording here.

2022 Exports and Sanctions Update
Sanctions and export control developments are front page news, and companies around the world face new compliance challenges in a rapidly changing environment. This one-hour webinar explores the shifting landscape of U.S. sanctions and export controls, from new restrictions on Russia and Belarus to the growing list of controls on China and Hong Kong. The talk focuses on key developments over recent months, provides country-specific guidance, discusses practical compliance steps that companies can take to deal with these issues, and explores what could be next.

If you’d like to view a recording, please email htighe@​kelleydrye.​com.

Consumer Privacy Litigation Update
The increasing number of states enacting privacy laws means more privacy litigation. This webinar will highlight emerging trends across the docket of privacy litigation cases, provide an update on key cases involving consumer claims, and provide practical tips, including:

  • Understanding potential litigation risk
  • Reducing your litigation exposure
  • Discussing exposure for data breaches and other alleged misuses of consumer data
  • Providing an understanding of the scope of private rights of action
  • Looking ahead to new laws

View a recording here.

BTI Survey Names Kelley Drye as a Client Service A-Team”

BTI Consulting has released results from its 2022 client survey which recognizes firms for client service. The survey noted that:

  • Clients recognize Kelley Drye as one of only 59 firms with the Most Improved client service over last year.
  • Leading corporate counsel name Kelley Drye as a Standout in two of the activities clients value most, consider most important, and have the most influence on hiring and rate decisions in driving superior client relationships. The two activities for which the firm was recognized are Fielding the Best Team” and Advising on Business Issues.”
  • The client service performance of Kelley Drye earns it a coveted place in the BTI Client Service A-Team 2022.

You can read the full report BTI Client Service A-Team 2022: Survey of Law Firm Client Service Performance. (May require a subscription)”]