Ad Law News and Views - May 15, 2021
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FTC Nominee Lina Khan Sails through Committee with Bipartisan Support While Chopra Awaits Senate Vote for CFPB Director
The Senate Commerce Committee today voted overwhelmingly to move forward with Lina Khan’s nomination as FTC Commissioner, signaling that Khan is likely to ultimately be confirmed as the youngest Commissioner ever at 32. As we previously discussed here, Khan is primarily known as an antitrust scholar advocating for more exacting scrutiny of big tech companies.
FTC and Right to Repair
Companies watching the “right to repair” legislation proposed in some states should not lose sight of the federal landscape. Last week the FTC released a bipartisan report concluding that there is “scant evidence to support manufacturers’ justifications for repair restrictions.” This will likely add momentum to groups pushing for legislation requiring companies, particularly electronics manufacturers, to create products that people can fix without extra costs or having to purchase special tools.
Dietary Supplement and Personal Care Products Regulatory and Litigation Highlights – April 2021
Welcome to our monthly digest of litigation and regulatory highlights impacting the personal care product and dietary supplement industry. April saw a re-emphasis on restriction of COVID-related claims in advertisements for supplements and therapies, developments in various class action cases, including a win for consumers challenging hand sanitizer’s claims of killing 99.99% of germs and a slew of new “natural” class actions, and finally a roller coaster ride for the FTC involving major blows and power moves.
TCPA Tracker - April 2021
TCPA (Telephone Consumer Protection Act) Tracker Newsletter is produced to help you stay current on TCPA (and related) matters, case developments and provide an updated comprehensive summary of TCPA petitions pending before the FCC.
Kelley Drye attorneys and industry experts provide timely insights on legal and regulatory issues that impact your business. Our thought leaders keep you updated through advisories and articles, blogs, newsletters, podcasts and resource centers. Sign up here to receive our email communications tailored to your interests.
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IN CASE YOU MISSED IT
NEW NEWSLETTERS
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
DirectConnect is our newsletter covering legal and regulatory developments for the direct sales industry.
You can subscribe to either newsletter by emailing jscurry@kelleydyre.com or by visiting our Insights page.
PODCASTS
Privacy Compliance Tech-Tools and Strategies
Kelley Drye Partner Alysa Hutnik discusses 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.
Top Environmental Social & Governance (ESG) Concerns for Corporate Boards
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.
TOP BLOG POSTS
A collection of the most read new and old Ad Law Access blog posts:
Congressional Democrats Sound the Alarm, Rally In an Effort to Restore Pre-AMG 13(b) Enforcement Authority
Ninth Circuit Moves Quickly to Apply AMG
Videoconferencing and Potential Security, Confidentiality and Discovery Issues
eHarmony Agrees to Pay up to $2.2 Million to End Auto-Renewal Suit
With a Supreme Court Decision Pending, Will Congress Intervene to Clarify the FTC’s Enforcement Authorities Under 13(b)?
Peloton Faces Uphill Ride on “Ever-Growing” Claims
Lina Khan Confirmation Hearing Signals Potential Big Changes for FTC
Second Circuit Limits Copyright Damages To Those Incurred Within Three Years Prior to Suit
Amazon Pays $2 Million to Settle Reference Price Allegations
Supreme Court Defines ATDS Under The TCPA
FTC Files First Case Seeking Civil Penalties For Allegedly Deceptive COVID-19 Advertising
Eleventh Circuit Reverses Website Accessibility Decision (and Congress Considers Action)
Can Congress Amend Section 13(b) to Allow for Retroactive Restitution?
Supreme Court Defines ATDS Under The TCPA
The CCPA Non-Discrimination Right, Explained
Earth Day = Green Guides
Deepfake Best Practices Amid Developing Legal Practices
FDA Is Still Keeping Up With The Kardashians
The Pink Tax: Discrimination or Actual Differentiation?
Read This Before Scanning A Driver’s License In New Jersey
NAD Addresses Disclosures on Influencer TikTok Videos
No More Deference for Amazon’s Reference Prices
The U.S. Approach to Privacy: What Is It, and Where Is It Headed?
What You Should Know about the FTC’s Mail Order Rule
New Court Decision Address Manipulation of Reviews
States Place New Restrictions on Collection Efforts and Outbound Calls Amidst COVID-19 Pandemic
New Decision Warns Against Reposting Photos on Social Media
FTC Moving Away From “Lax Enforcement” with Made in USA Claims
Lessons Learned for Maintaining Attorney-Client Privileged Data Breach Investigation (and other Consultant) Reports
UPCOMING EVENTS
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.