Ad Law News and Views - December 5, 2020



New Court Decision Address Manipulation of Reviews

NY Passes Law Governing Automatic Renewals

NAD Considers Meaning of Best Possible” Claims

Supreme Court Sets Oral Argument in AMG Capital Management

Get these and other stories in real time when you subscribe to the Ad Law Access blog here



The Ad Law Access podcast provides audio updates on advertising and privacy law trends, issues, and developments. New episodes will be announced at AdLawAccess​.com. The latest episodes are:


Find these and other Kelley Drye Podcasts on our Insights Page or wherever you get your podcasts.


1. Where were you born/where did you grow up?

I was born and grew up in Northern New Jersey.

2. What did you want to be when you grew up?”

For a while, I wanted to be an actor.

3. How are you handling working from home?

Technology has made the transition pretty seamless, and I think I’m at least as productive at home as I was in the office. Although there are some things I miss about the office, there’s a lot to be said for working from home. For example, I’ve enjoyed not having to commute, being able to take breaks with my wife and dogs, and being able to exercise more consistently. I also launched the first steel mace fitness program in DC and have enjoyed teaching those classes.

4. What music are you listening to?

I’ve been listening to a lot of live music from a broad range of artists. This week, I’ve listened to live recordings from The Rolling Stones, Otis Redding, and Bryan Adams.

5. What are you reading?

William Shakespeare’s Star Wars. No, that’s not a typo. There is a series of books that tell the Star Wars stories presented as Shakespeare plays. They’re written primarily in iambic pentameter. It’s fun to see how well Shakespeare and Star Wars synch up.  

6. What’s your favorite website or online newsletter?

I’m not sure I have a favorite, but I’ve been working on some skills during the quarantine and have found YouTube to be very useful for that.

7.What’s the best thing that you’ve watched recently?

I’ve really enjoyed the Cobra Kai series on Netflix. We get to catch up with characters that we first met over 30 years ago, see how their lives have changed, and watch the same events from different points of view. It’s a good story with the right amount of nostalgia.

8. Favorite Quote!

I don’t have a favorite quote, but if I did, I’m pretty sure it would be something that John Villafranco said.


A collection of our top reads this past week, old and new:

Peloton Faces Uphill Ride on Ever-Growing” Claims

What Happens to the FTC Under a Biden-Harris Administration?

Supreme Court Vacates its Prior Grant of the FTC’s Petition for Certiorari in FTC v. Credit Bureau Center, LLC: What Does it Mean for Section 13(b) and AMG Capital Management, LLC v. FTC?

It’s Here: California Voters Approve the CPRA           

CCPA 2.0 Gets Closer to Reality: CPRA Eligible for November 2020 Ballot; How Does it Compare to CCPA

Second Circuit Limits Copyright Damages To Those Incurred Within Three Years Prior to Suit

Does the NAD’s Capillus Decision Baldly Contradict the FDA?

Zoom Agrees to Settle FTC’s Data Security Charges

New Decision Warns Against Reposting Photos on Social Media

The CCPA Non-Discrimination Right, Explained

Videoconferencing and Potential Security, Confidentiality and Discovery Issues

November Kelley Drye Content Digest November 2020 - A compendium of articles, blogs, and digital content produced last month by Kelley Drye

Find these and other stories on the Ad Law Access blog and podcast. Also see the Advertising and Privacy Law Resource Center, available via KelleyDrye​.com, our online repository of our thought leadership and resources on subjects that affect our clients day-to-day.


CPRA Operational Impacts Panel

December 15, 2020”,“Webinar
OneTrust’s Privacy Connect: CCPAConnect
Alysa Hutnik

Food for Thought: Functional Foods”, Dietary Supplements, and Personalized Nutrition

January 13, 2020”,“Webinar
Food and Drug Law Institute


Real Estate Industry Alerts Tracker

The Kelley Drye Real Estate practice group is carefully monitoring across all facets of the real estate industry developments and opportunities arising out of the disruptions to the economy caused by coronavirus. In this newsletter you will find what we hope is a useful summary of some of the more significant legal and regulatory developments together with intelligence on emerging market and practice trends as real estate industry professionals begin to develop responses to the fallout from the wide spread economic disruption.

Labor and Employment WORKing Lunch Webinar Series

Multiple Dates

Following last year’s success and starting in November, the L&E team will host the 2020/2021 WORKing Lunch, a webinar series focused on bringing in-house counsel, management, and HR professionals the latest trends and developments in workplace law. Topics will include: Survey Of In Vogue Lawsuits: COVID EDITION; Wage & Hour 101; Employee Leave Laws: Managing the Intersection of FMLA, ADA, and FFCRA; Employment Law in the New Administration, and more.

CLE, SHRM and HRCI available.  Visit our website in the forthcoming weeks for more information or email erochefort@​kelleydrye.​com if you’d like to be added to our invite list.