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.
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.
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.
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IN CASE YOU MISSED IT
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.
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.
TOP BLOG POSTS
A collection of the most read new and old Ad Law Access blog posts:
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.”]