The California Attorney General unveiled its data broker registry on Monday. On or before January 31st, companies qualifying as a “data broker” based on the prior year’s activities are required to register their name and contact information with the Attorney General and may provide a statement concerning their data collection practices. A
Section 13(b) at the New Year: Where Things Stand in the Fight Over The FTC’s Enforcement Authority
The year ended with a flurry of activity related to the FTC’s ability to obtain permanent injunctions and restitution under Section 13(b) of the FTC Act. As we head into 2020, a level-set is in order.
To File or Not File is No Longer the Question
On December 19, 2019, the FTC filed a petition
The Last Decade’s Top Ad Law Access Reads
In the 2010s, Kelley Drye’s Ad Law Access blog posted approximately 1500 entries. Below are the most popular by year. To give you a sense of beginning to end, the first post came one month after Apple announced the iPad and the last just days before the first all-female spacewalk by astronauts Christina Koch and
2019 Selected Top Ad Law Access Reads and Listens
In 2019, Ad Law Access published 124 stories on a wide range of topics. However, two topics stood out above the others:
- California Consumer Privacy Act (CCPA)
CCPA was far and away the most popular topic of 2019 and, as mentioned in one of our last posts of the year, “businesses and privacy professionals
Podcast: CBD Warning Letters, FDA Commissioner Confirmation Hearing and Preview of Upcoming Webinar
On the latest episode of the Ad Law Access Podcast, partner Kristi Wolff discusses FDA’s recent CBD warning letters, Commissioner nominee Dr. Stephen Hahn’s confirmation hearings, and a preview of this week’s Cannabis Law Update webinar.
On Thursday, December 5, from Noon – 1:00 Eastern we will be holding a webinar on the emerging
This Week at Kelley Drye – Politics in the Workplace, Los Angeles CCPA Workshop and Cannabis Regulatory Update
The week after Thanksgiving is always a busy one and this year does not disappoint. We are pleased to be holding the following educational opportunities this week:
California Consumer Privacy Act Workshop Los Angeles Edition
In Los Angeles, on Wednesday, December 4, we will be holding the latest in our series of California Consumer Privacy
North Dakota Joins Other States Regulating Automatic Renewals
Earlier this year, we posted about new laws governing automatic renewals in DC and Vermont. Starting on July 31, 2019, companies also need to worry about a similar statute in North Dakota.
Under the new law, companies must generally (a) present the terms of the automatic renewal offer in a clear and conspicuous manner
Advertising and Privacy Law Workshop: Charlotte Edition
Please join us on May 1 in Charlotte for a half-day workshop covering the latest advertising and privacy law developments. This interactive event will provide an update on crucial consumer protection issues, deliver practical guidance and benchmarking, and offer an opportunity to connect with peers across a variety of industries.
This workshop will be open
Another Legislative Attempt to Curtail Mandatory Arbitration Clauses
Businesses often include mandatory arbitration clauses in their pre-dispute dealings with customers to prevent costly consumer class actions in favor of streamlined (often individual) arbitration. The Federal Arbitration Act (“FAA”) makes such arbitration agreements “valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.”
Doing Business in India? Keep an Eye on This….
The draft National E-Commerce Policy (“Draft Policy”) released by the Government of India on February 23, 2019 for stakeholder comments, has left the e-commerce sector in jitters. For global market players, the protectionist construct of the Draft Policy seems to suggest a shift of India’s focus from ‘Ease of Doing Business in India’ to ‘Make in India’. If the Draft Policy is implemented in its present form, it may have a serious impact demanding drastic change in internal strategies, policies and cost allocations for foreign companies having e-commercial presence in India. The Draft Policy is open for stakeholder comments up to March 9, 2019.
The Draft Policy focuses on: (i) restriction on cross-border flow of data; (ii) local presence and taxability of foreign entities having significant economic presence in India; (iii) creating a robust digital infrastructure for e-commerce, from online custom clearance to online resolution of consumer complaints; (iv) promoting exports from India with a boost to start-ups and small firms; and (v) regulatory changes to augment economic growth in e-commerce.
The key highlights of the Draft Policy are as follows:
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