Ad Law News and Views - November 14, 2020



Zoom Agrees to Settle FTC’s Data Security Charges

Seven months after being called upon by members of Congress to investigate Zoom’s data security practices, a divided FTC announced on November 9 a settlement with the videoconferencing platform.

The FTC’s five-count administrative complaint alleges that Zoom deceived users about several of its security features and harmed users by circumventing security and privacy controls provided by their operating systems and browsers.  The proposed consent order requires Zoom to make changes to its data security practices, implement a comprehensive information security program, and obtain independent assessments of its program for 20 years after entry of the order – but does not require the company to pay monetary relief.  In separate dissents, Commissioners Chopra and Slaughter argue that the proposed relief does not go far enough.

Supreme Court Vacates its Prior Grant of the FTC’s Petition for Certiorari in FTC v. Credit Bureau Center, LLC: What Does it Mean for Section 13(b) and AMG Capital Management, LLC v. FTC?

In a brief line order, the Supreme Court vacated its prior grant of the Federal Trade Commission’s petition for certiorari in Federal Trade Commission v. Credit Bureau Center, LLC (“Credit Bureau”). Justice Barrett did not take part in the decision to vacate the grant of certiorari. None of the remaining Justices dissented from the order.

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

Now that Joe Biden has been declared the winner of this year’s presidential election, many practitioners are beginning to turn their focus to how a Biden Administration will reshape federal agencies. This post takes a look at changes that may be in store for the FTC.

Ad Law Access Podcast: Comparative Advertising 101

The latest episode of the Ad Law Access podcast provides five tips advertisers should keep in mind when creating comparative ads.

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A collection of our top reads this past week, old and new:

It’s Here: California Voters Approve the CPRA

CCPA 2.0 Gets Closer to Reality: CPRA Eligible for November 2020 Ballot; How Does it Compare to CCPA

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

California AG Proposes Changes to CCPA Regulations

CCPA Litigation Update: How the CCPA (and other Privacy Risks) Raise the Risk of Potential Shareholder Claims

The Pink Tax: Discrimination or Actual Differentiation?

New Decision Warns Against Reposting Photos on Social Media

The CCPA Non-Discrimination Right, Explained

The Un-Sprung Bear Trap”: The Resurrection of the FTC’s Penalty Offense Authority As One Possible Solution to the 13(b) Problem

Videoconferencing and Potential Security, Confidentiality and Discovery Issues

TCPA Tracker – October 2020

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.


Made in USA claims – Navigating FTC’s All or Virtually All’ Standard

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Lexology Webinar
Christie Grymes Thompson


AgTech 2021: Opportunities & Challenges

The agriculture industry is facing some of its biggest challenges of the last decade, from technology-enabled productivity improvements to shifts in consumer preferences to turmoil in domestic and international markets, particularly as the industry manages the disruption in the food supply chain during the COVID-19 pandemic and uncertainties of global trade.

Join us on November 19th for a webinar that will explore the opportunities and challenges across the AgTech landscape, along with a discussion of funding and investment activity for AgTech companies with PitchBook senior analyst, Alex Frederick, Open Prairie founder, Jim Schultz, Open Prairie partner Lee Strom and chair of the Kelley Drye & Warren Corporate Practice, Tim Lavender.​

  • PitchBook is a financial data and software firm offering VC, PE and M&A comprehensive private market data.

  • Open Prairie is a multi-faceted private equity (PE) fund management firm with deep roots in agriculture and rural America.

Register here.

Labor and Employment WORKing Lunch Webinar Series

Multiple Dates

Following last year’s success and starting in November, the L&E team will host the 2020/2021 WORKing Lunch, a webinar series focused on bringing in-house counsel, management, and HR professionals the latest trends and developments in workplace law. Topics will include: Survey Of In Vogue Lawsuits: COVID EDITION; Wage & Hour 101; Employee Leave Laws: Managing the Intersection of FMLA, ADA, and FFCRA; Employment Law in the New Administration, and more.

CLE, SHRM and HRCI available.  Visit our website in the forthcoming weeks for more information or email erochefort@​kelleydrye.​com if you’d like to be added to our invite list.