Ad Law News and Views - November 21, 2020



Anxiety Can’t Overcome Mandatory Face Mask Policy

Peloton Faces Uphill Ride on Ever-Growing” Claims

TCPA Tracker – November 2020

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As an unknown source said, To say that podcasts are having a moment is a massive understatement.” Kelley Drye loves podcasting and we aren’t just saying that to look cool. Here are some of our recent podcast exploits:

Data Protection Breakfast Club: Labyrinth

Alysa Hutnik joined Andy Dale, Counsel at Alyce and Pedro Pavón, Privacy, Ads, and Data Policy at Facebook for their must watch 80’s-themed podcast, to discuss the wandering a maze of regulatory rules, enforcement actions and nebulous provisions that come with practicing advertising issues in the US can often feel like.

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.

Federal Judge Puts California Ban on Importing Alligator, Crocodile Parts on Hold

The Associated Press, Bloomberg, CBS and numerous other news organizations have covered the recent federal judge’s ruling that found California’s ban on the importation of alligator and crocodile products probably violates federal laws and the state cannot enforce it while various legal challenges remain in court. Kelley Drye represents a group of 11 plaintiffs that make and use alligator and crocodile leather who filed the suit opposing the ban. Communications Manager Christopher Rubsamen speaks with Partner David Frulla about this potentially precedent setting ruling and the facts surrounding it for Kelley Drye’s Legal Download podcast.


The latest episode of the Inside the TCPA series discusses a series of FCC orders that require implementation of a call authentication framework called STIR/SHAKEN. It covers the FCC’s anti-robocall program, the specifics of STIR/SHAKEN, its implementation requirements and deadlines, and other implications for service providers, including what might be ahead in 2021.


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

It’s Here: California Voters Approve the CPRA

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

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

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?

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

Zoom Agrees to Settle FTC’s Data Security Charges

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

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

December 3, 2020”,“Webinar
Lexology Webinar
Christie Grymes Thompson

Food for Thought: Functional Foods”, Dietary Supplements, and Personalized Nutrition

January 13, 2020”,“Webinar
Food and Drug Law Institute


Real Estate Industry Alerts Tracker

The Kelley Drye Real Estate practice group is carefully monitoring across all facets of the real estate industry developments and opportunities arising out of the disruptions to the economy caused by coronavirus. In this newsletter you will find what we hope is a useful summary of some of the more significant legal and regulatory developments together with intelligence on emerging market and practice trends as real estate industry professionals begin to develop responses to the fallout from the wide spread economic disruption.

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.