Ad Law News and Views - October 24, 2020



California AG Proposes Changes to CCPA Regulations

Only two months after finalizing the CCPA regulations, the California Attorney General’s office today released a new set of proposed changes, most significantly addressing Do Not Sell My Personal Information” requests. The office has also recommended changes to the regulations related to providing notice when businesses collect personal information offline, proof required when an authorized agent submits a request on behalf of a consumer, and a grammatical change related to providing notice of how to opt in to the sale of children’s information.

Section 13(b) at the Start of the Supreme Court’s October Term: Where Things Stand, Where They’re Likely to End, And A Proposed Legislative Fix

The Supreme Court’s new term has taken on heightened significance with President Trump’s nomination of current Seventh Circuit Judge Amy Coney Barrett to the High Court. President Trump and Senator McConnell have vowed to place Barrett on the Court this year, with the aim of doing so before the November 3 election. With her confirmation hearing underway, it seems all but certain that Judge Barrett will soon become Justice Barrett, giving the Supreme Court a 6-3 conservative majority and likely cementing a rightward shift in upcoming jurisprudence for years to come.

TCPA Tracker - October 2020

Kelley Drye’s Communications group prepares a comprehensive summary of pending petitions and FCC actions relating to the scope and interpretation of the TCPA.

Election Spotlight

Kelley Drye’s Pre-Election Analysis of the Race for the White House and Congress Webinar

For those of you who were able to join our election preview event, we hope you found the discussion informative and entertaining (as entertaining as possible).  Here’s a link to the recording of the session for those of you who missed it, or had to log off early. The Government Relations and Public Policy practice has also prepared this slide deck with pre-election analysis for you. 

Podcast: Cybersecurity and Data Protection Issues in the 2020 Election with Kendall Burman of Alloy

As the political calendar creeps up on Election Day, all eyes are on data, cybersecurity, and how they relate to candidates and their campaigns. In a special edition of Kelley Drye’s Legal Download, partner Aaron Burstein speaks with Kendall Burman, General Counsel for Alloy, a nonprofit start-up building data and technology for political campaigns, state parties, and other partners that work in and around elections. Aaron and Kendall discuss the sorts of privacy and data protection issues that she runs into and privacy and data protection issues in the political campaign arena generally.



1. Where were you born/where did you grow up?

Born in Houston, Texas; grew up in Tomball, Texas

2. What did you want to be when you grew up?”


3. How are you handling working from home?

Enjoying the silver linings of the pandemic by sharing breaks with my husband and our two sons, exercising more, and catching up on long overdue projects around the house.

4. What music are you listening to?

After a summer of yacht rock, we’re celebrating the Austin City Limits Music Festival with Spoon, Willie Nelson, Khalid, Alabama Shakes, and Lyle Lovett. 

5. What are you reading?

Willie Wonka and the Chocolate Factory by Roald Dahl, with the boys.

6. What’s your favorite website or online newsletter?


7.What’s the best thing that you’ve watched recently?

Money Heist on Netflix (Lew Rose’s recommendation)       

8. Favorite Quote!

\“It is from numberless diverse acts of courage and belief that human history is shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring those ripples build a current that can sweep down the mightiest wall of oppression and resistance.\” – Robert F. Kennedy, South Africa, June 6, 1966.


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

California AG Proposes Changes to CCPA Regulations

Section 13(b) at the Start of the Supreme Court’s October Term: Where Things Stand, Where They’re Likely to End, And A Proposed Legislative Fix

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

States Place New Restrictions on Collection Efforts and Outbound Calls Amidst COVID-19 Pandemic

The Pink Tax: Discrimination or Actual Differentiation?

The U.S. Approach to Privacy: What Is It, and Where Is It Headed?

New Decision Warns Against Reposting Photos on Social Media

Find these and other stories on the Ad Law Access blog and podcast.


Data Privacy in the New Decade: Consumer Rights, Platform Regulation, and Enforcement Mechanisms

October 26, 2020”,“Webinar
Federal Communications Bar Association’s 15th Annual Privacy & Data Security Symposium

Social Media Platform Policies and Emerging Issues

October 29, 2020 “,“Webinar
Food and Drug Law Institute
Donnelly McDowell

Nuts and Bolts of Basic Advertising: Substantiation, Disclosures and Social Media

November 10, 2020”,“Webinar
2020 ANA/BAA Marketing Law Conference: A Virtual Experience
Gonzalo Mon

The Future of Consumer Protection and Privacy - What to Expect from the FTC

November 10, 2020”,“Webinar
California Lawyers Association: Shelter In Place Institute
Christie ThompsonJohn Villafranco


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.