Ad Law News and Views - May 8, 2021

RECENT NEWS

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.

FROM THE BLOGS

Key Developments in CCPA Litigation for Q1 2021

As we move deeper into the second year of CCPA litigation, the substantive issues continue to develop and we remain focused on the patterns and implications of recent filings and rulings. In this post, we highlight notable developments in three cases that occurred in the first quarter of 2021. These cases raise significant issues regarding judicial interpretation of the private right of action in the CCPA, the definition of a ​“data breach,” and CCPA plaintiffs’ ability to access pre-complaint discovery.

As CCPA-related cases progress through the litigation stages, we continue to provide updates. Our summaries of CCPA-related litigation can be found in our CCPA Litigation Round-ups for: Q1 2020, Q2 2020, and Q3 & Q4 posts.

CCPA Litigation Tracker

Related to the above, we continue to report on relevant developments in CCPA litigation and provide updates in our CCPA Litigation Tracker.

APRIL 2021 TOP AD LAW ACCESS BLOG POSTS

A collection of the most read new and old Ad Law Access blog posts in April:

Section 13(b)log

• Supreme Court Finds Section 13(b) Does Not Allow for Monetary Remedies

• Can Congress Amend Section 13(b) to Allow for Retroactive Restitution?

• Congressional Democrats Sound the Alarm, Rally In an Effort to Restore Pre-AMG 13(b) Enforcement Authority

• Ninth Circuit Moves Quickly to Apply AMG

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

OTHER POSTS

• 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

• 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)

• Lina Khan Confirmation Hearing Signals Potential Big Changes for FTC

• Dietary Supplement and Personal Care Product Regulatory and Litigation Highlights – March 2021

• Earth Day = Green Guides

• Food Industry Regulatory and Litigation Highlights – March 2021

• Deepfake Best Practices Amid Developing Legal Practices

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

• 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

• Videoconferencing and Potential Security, Confidentiality and Discovery Issues

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

• 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?

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

• 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

• Do Your Sponsorship Agreements Address Event Cancellation?

• 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

The (Potentially Massive) Ramifications of FTC v. AMG

May 10, 2021”,“Webinar
4:00 PM EDT
John Villafranco

Four expert panelists will discuss the substance and potential implications of the Supreme Court’s FTC v. AMG Capital Management Decision, including the decision’s potential impact on pending cases, the FTC’s litigation strategies in future cases, and the possibility of the agency receiving new statutory authority. Register 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.