Ad Law News and Views - May 1, 2021
Kelley Drye has recently launched two new newsletters:
Made in USA Tracker
The Made in USA newsletter helps you to monitor and stay up-to-date on Made In USA issues at the Federal Trade Commission
DirectConnect is our newsletter covering legal and regulatory developments for the direct sales industry.
FROM THE BLOGS
Less than a week after the Supreme Court’s unanimous decision in AMG Capital Management v. FTC, two Congressional committees zeroed in on the FTC’s hollowed-out Section 13(b) authority, the fate of which now lies squarely with Congress. Leading Democrats in both chambers have expressed the urgent need for legislation to clarify and strengthen the statute in AMG’s wake. As stated by House Energy and Commerce Committee Chairman Frank Pallone (D-NJ) on Tuesday, “What my colleagues and I have been saying for over a year was a problem is now an emergency.” Republicans, on the other hand – while sympathetic to the FTC’s plight – are increasingly advocating for “guardrails” to prevent unbounded use of the agency’s Section 13(b) authority, should it be restored.
The 13(b) dominoes are beginning to fall. Last week, a unanimous AMG Court found that Section 13(b) does not allow for monetary remedies. A panel of the Ninth Circuit, in Federal Trade Commission v. Cardiff et al, quickly took that decision to heart.
Lina Khan’s nomination to be an FTC Commissioner took an important step forward on April 21 with her testimony before the Senate Commerce Committee. Unsurprisingly, Khan’s testimony underscored her interest in ramping up antitrust scrutiny of large internet platforms.
Kelley Drye Partner Alysa Hutnik and Robert Cunningham, Head of Legal, at Ketch discuss the state of privacy, tracking, compliance technology and tools, and strategies privacy lawyers and others can use to help do their jobs. As you would expect, there are some practical tips to take away.
Senior Associate Courtney Kleshinski provides a roadmap for boards to take tangible steps towards identifying their ESG goals and start to clearly define what their company stands for beyond maximizing shareholder value. Read our advisory here.
Wage & Hour Laws: How To Avoid Common Pitfalls
May 18, 2021”,“Webinar
12:30 - 1:30 PM ET
The DOL’s Wage and Hour Division recovered a record $322 million in wages owed to workers in 2019 and found, on average, $1,025 for each employee due back wages. As employers face employees become more informed about their rights, employers should also stay on top of the ever-changing federal and state wage and hour laws to avoid run-ins with the Department of Labor and state labor agencies.
Join the Kelley Drye Labor and Employment team for a detailed review of today’s wage and hour laws and coverage of the most commonly made errors, including:
Misclassifying Non-Exempt Employees As Exempt
Failing To Recognize What Time is Compensable
Misclassifying Employees As Independent Contractors
Failing To Comply With Both State And Federal Wage And Hour Requirements
Click here to register for this and other webinars in the WOKing Lunch Series.
To see more upcoming Kelley Drye events, click here. We hope to see you soon.”]