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The Supreme Court issued an 8 to 1 decision today in the highly-anticipated case of Liu v. SEC. The opinion, authored by Justice Sotomayor (with Justice Thomas dissenting), holds that “[a] disgorgement award that does not exceed a wrongdoer’s net profits and is awarded for victims is equitable relief,” and allows the SEC to

In April, Draper James – the clothing line of Hollywood star Reese Witherspoon – conducted a promotion for teachers, but ran into some communication issues along the way and is now the subject of a class action lawsuit. In an Instagram post, the brand thanked teachers for their work during the COVID-19 pandemic, and

On June 2, California Attorney General Xavier Becerra announced that he had submitted final CCPA regulations to the Office of Administrative Law (OAL) for review. The final regulations are substantively identical to the second set of modified proposed regulations, which the AG released in March. In addition, the AG issued a Final Statement of Reasons that (1) explains the changes between the first draft and final regulations, and (2) is accompanied by Appendices that respond to each public comment received throughout the rulemaking process – including written comments submitted in response to each draft of proposed regulations and those provided at the four public hearings held in December 2019.

We have described below some of the key provisions of the final regulations, which will impose additional requirements on businesses, service providers, and third parties and data brokers, and likely require the design and implementation of new processes. Whatever hardship the regulations may cause, it is clear that the AG is prioritizing consumer privacy, explaining that the office “has made every effort to limit the burden of the regulations while implementing the CCPA” and does not believe the regulations are “overly onerous or impractical to implement, or that compliance would be overly burdensome or would stifle businesses or innovation.”
Continue Reading CCPA Update: Final Regulations Submitted but No Changes from Prior Draft

The Virginia Governor recently signed into law amendments to the Virginia Telephone Privacy Protection Act that significantly increase the exposure of businesses that place marketing calls or text messages to Virginia residents.

The amendments take effect July 1, 2020, and address four topics: (1) the definition of a “telephone solicitation call,” (2) caller identification, (3)

Effective March 21, 2020, the New York SHIELD Act imposes data security requirements on most businesses that own or license computerized data that includes the “private information” (defined below) of New York residents. In sum, such businesses must develop, implement, and maintain reasonable safeguards to protect the security, confidentiality, and integrity of that private information.

Over the past few weeks, my colleagues have discussed some of the considerations for marketing around COVID-19, including claim substantiation and price gouging. In the next few posts, we are going to take a deeper dive into a few topics, beginning with telemarketing. Here are some points to keep in mind:

States of Emergency

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On Friday, California Attorney General Xavier Becerra released proposed modifications to the formerly-released draft regulations implementing the California Consumer Privacy Act (CCPA). The modifications reflect the Attorney General’s response to public comments issued in response to the draft regulations and arguably represent a rollback of key provisions previously proposed.

The modifications impose a number of

Ad Law Access PodcastOn the latest episode of the Ad Law Access Podcast, Senior Associate Katie Townley makes her podcast debut with a discussion of promotions. Katie provides this Taylor Swift contest as an example of how things can go wrong.

For additional information on promotions and other issues, visit the Advertising and Privacy Law Resource Center

In exactly two months, the California Consumer Privacy Act (CCPA) takes effect. Many businesses are devoting resources to timely comply, but between the late rollout of the Attorney General’s draft regulations, recent amendments to the law, and a lack of consensus in the industry on interpretation of key CCPA terms, tackling compliance can be