Ad Law News and Views - January 16, 2021



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Section 13(b) Gets its Day in Court: It seems the problem you have is the text” – Justice Kavanaugh

What If . . . Section 19 of the FTC Act Becomes the FTC’s Best Path to Monetary Relief: Revisiting Figgie International

FTC Moving Away From Lax Enforcement” with Made in USA Claims

Proposed NY Biometric Privacy Act Would Allow Private Right of Action

Federal Trade Commission’s CBD Crackdown: Something Old and Something New

2021 Will Bring Expanded Protections for Publicity and Privacy Rights Under New York Law



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A collection of the top older reads so far in 2021:

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

Peloton Faces Uphill Ride on Ever-Growing” Claims

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

CCPA Update: California AG Proposes Fourth Set of Changes to CCPA Regulations

It’s Here: California Voters Approve the CPRA       

Federal Trade Commission’s CBD Crackdown: Something Old and Something New

Supreme Court Hears Oral Argument Over the TCPA’s Definition of an Autodialer

The CCPA Non-Discrimination Right, Explained

Employers Beware: The Illinois Artificial Intelligence Video Interview Act Is Now in Effect

2021 Will Bring Expanded Protections for Publicity and Privacy Rights Under New York Law

FTC Announces Operation Income Illusion” to Crack Down on Deceptive Income Claims

The Pink Tax: Discrimination or Actual Differentiation?

FTC Closing Letter Addresses Management of Consumer Reviews

Lessons Learned for Maintaining Attorney-Client Privileged Data Breach Investigation (and other Consultant) Reports

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.


Q & A with NAD and CARU

February 3, 2021”,“Webinar
4th Annual Forum on Advertising Claims Substantiation
Gonzalo Mon

American Bar Association 69th Antitrust Law Virtual Spring Meeting

March 23-26, 2021”,“Virtual Meeting
Alysa HutnikBill MacLeod



Labor and Employment WORKing Lunch Webinar Series

Kelley Drye’s virtual WORKing Lunch is a webinar series focused on bringing in-house counsel, management, and HR professionals the latest trends and developments in workplace law. If you or a colleague are interested in receiving invitations to future webinars, please contact

Upcoming Webinars in This Series

January 26, 2021 - 12:30 ET
Lawsuits and Laws In Vogue: What To Keep an Eye On in 2021

Emerging vaccines bring hope during the ongoing pandemic, but there’s little relief in sight for the upward trend in COVID-19-related lawsuits. Adding to that, employers still have to comply with existing employment laws and legislation, even when new COVID-19-related laws are the main focus. Join the Kelley Drye Labor and Employment team for a deep dive into COVID-19 litigation and legislative trends, including:

  • Discrimination, retaliation, and COVID-19-related lawsuits

  • Vaccine mandates and disputes

  • New pay equity laws

  • COVID-19 workplace reporting laws

  • Remote work and return-to-the-office challenges

  • Whistleblower claims

  • And much more

Presenters:  Partners Barbara HoeyMark Konkel and Kim Carter.

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.


The TCPA Tracker newsletter helps you stay current on TCPA (and related) matters, case developments and provides an updated comprehensive summary of TCPA petitions pending before the FCC