Regulatory Developments

On January 10, 2019, Massachusetts Governor Charlie Baker signed into law the Massachusetts’s Data Breach Notification Act, which amends Massachusetts data breach reporting laws. The new law, available here, amends the timing and content of individual and regulator data breach notifications, and provides for credit monitoring services when social security numbers may have been

The 2018 Farm Bill legalized cultivation and processing of industrial hemp and various by-products.  One hemp-based derivative of considerable interest to manufacturers of personal care products, dietary supplements, cosmetics, and OTC drugs is cannabidiol (“CBD”).  As industry races to commercialize and advertise CBD, it’s important to understand the regulatory hurdles that remain.  Ad law partner,

Yesterday, Christine Wilson was sworn in as FTC Commissioner. Commissioner Wilson – the fifth and final Trump appointee – joins the FTC from Delta Airlines and assumes former Commissioner Maureen Ohlhausen’s seat. Commissioner Ohlhausen announced her departure on Tuesday – the day her term ended, concluding over six years of service as Commissioner, including a

On Thursday, June 21, 2018, the U.S. Supreme Court paved the way for states to collect sales or use taxes from sellers with no physical presence in the taxing state by declaring constitutional a South Dakota law requiring out-of-state sellers to remit sales taxes on sales to South Dakota residents if the sellers exceed certain revenue or transaction thresholds.  In South Dakota v. Wayfair, Inc., 585 U.S.             (2018), the Supreme Court overturned its 1967 decision in National Bellas Hess, Incorporated v. Illinois, 386 U.S. 753 (1967) and its 1992 decision in Quill Corporation v. North Dakota, 504 U.S. 298 (1992), which had generally prohibited states from collecting sales or use taxes on sales of tangible personal property from sellers with no physical presence within the state.  The elimination of the physical presence requirement does not necessarily mean that out-of-state sellers now have substantial nexus with all states, however, and sellers should re-evaluate their tax collection and payment obligations on a state-by-state basis.
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Earlier today, an en banc panel of the U.S. Court of Appeals for the D.C. Circuit ruled that the CFPB was constitutionally structured, reversing an earlier decision by a divided three-judge panel and holding that the Dodd-Frank Act permissibly shields the CFPB Director from removal without cause.  The Court’s 7-3 majority opinion only addressed the

Most Popular Ad Law Access Posts of 2017

As reported in our Ad Law News and Views newsletter, Kelley Drye’s Advertising Law practice posted 106 updates on consumer protection trends, issues, and developments to this blog in 2017. Here are some of the most popular:

The U.S. Copyright Office has imposed new requirements on service providers in order to maintain safe harbor protection under the Digital Millennium Copyright Act (“DMCA”).  Service providers who don’t meet these requirements will lose the safe harbor protections afforded by the DMCA.  The deadline to comply with these requirements is December 31, 2017.

DMCA and the Safe Harbor

The DMCA was enacted by U.S. Congress in October 1998 with the purpose of addressing certain intellectual property issues in the wake of the Internet.  Among the DMCA’s key provisions is “safe harbor” protection, designed to shield companies from liability for infringement due to content posted by a user on the company’s website, provided that the company qualifies as a “service provider.

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Last week, the Senate voted 51 to 50 (with Vice President Pence casting the tiebreaking vote) to override the Consumer Financial Protection Bureau’s Arbitration Rule, which was finalized earlier this year in July.  As previously discussed here and here, the Arbitration Rule would have prohibited providers of covered consumer financial products and services from

As part of the FTC’s ongoing review of the needs, costs, and benefits of regulations, the agency recently announced it is reviewing the following rules:

  • The Picture Tube Rule requires manufacturers to base screen size measurements on the horizontal measure of the viewable area, unless the alternative method of measurement is clearly disclosed. This rule