Shows
Kelley Drye Ad Law Access PodcastPrivacy Perspectives: Preparing for Privacy Enforcement InquiriesIn this first episode of Privacy Perspectives, a new Ad Law Access podcast mini-series, Alex Schneider talks with Celine Guillou about how businesses can put their best foot forward when engaging with enforcement agencies and regulators in privacy and security investigations.
Celine recently joined Kelley Drye as Special Counsel after serving in the Enforcement Division of the California Privacy Protection Agency (CPPA). She shares insights from her time at the CPPA, including common areas of regulatory focus and practical guidance for responding to enforcement requests.
Alex and Celine also discuss the broader landscape of state privacy laws, emerging enforcement trends...2025-06-3017 min
Kelley Drye Ad Law Access PodcastNAAG Attorney General Symposium 2025Paul L. Singer, Beth Bolen Chun, Abigail Stempson, Andrea deLorimier
Last week, the Kelley Drye State AG team attended the National Association of Attorneys General (NAAG) Attorney General Symposium. The panels included a number of topics of importance to state attorneys general including cell phone jamming in prisons, social engineering or “pig butchering” scams, human trafficking, youth and young adult mental health especially pertaining to student athletes, cannabis legislative trends and enforcement, and disaster preparedness and response. In addition, below we’ve highlighted some of the other topics discussed by AGs.2025-05-0605 min
Kelley Drye Ad Law Access PodcastP&G Accused of Greenwashing and Creating "Frankenforests"Is P&G’s sustainability messaging misleading consumers?
A new class action lawsuit accuses Procter & Gamble of greenwashing, alleging that its "Keep Forests as Forests" campaign and "Protect-Grow-Restore" promises don’t hold up under scrutiny. The case claims that P&G’s Charmin toilet paper is sourced from clear-cut boreal forests, with replanting efforts creating so-called "Frankenforests"—single-species tree plantations treated with chemical herbicides.
The lawsuit also challenges P&G’s use of FSC and Rainforest Alliance logos, arguing that they mislead consumers about the company’s sustainability efforts. Plaintiffs cite violations of the FTC’s Green Guides, shareholder criticism, and competitor...2025-02-1905 minKelley Drye Ad Law Access PodcastState AGs Close Out 2024 And Preview 2025 At NAAG Capital Forum2024’s National Association of Attorneys General (NAAG) Capital Forum took place December 9-11. The Kelley Drye State AG Practice team was there as the AGs closed out a year of insights, including Oregon Attorney General Ellen Rosenblum’s Presidential Initiative concerning children’s welfare. During the sessions, we heard from two federal agency heads regarding their goals and how they can collaborate with AGs to accomplish them. We also heard from AGs and other notable panelists on topics ranging from charity to national security. Here are some of the highlights.
https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/state-ags-close-out-2024-and-preview-2025-at-naag-capital-forum
Paul S...2025-01-1708 minKelley Drye Ad Law Access PodcastNew York AG Supports Legislation to Broaden Consumer Protection PowersNew York Attorney General Letitia James joined Kelley Drye for its January State AG webinar to discuss consumer protection in the Empire State and her support for legislative reform that would grant the AG’s Office new powers to target “unfair” business practices.
https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/new-york-ag-supports-legislation-to-broaden-consumer-protection-powers
Paul Singer
psinger@kelleydrye.com
(202) 342-8672
www.kelleydrye.com/Our-People/Paul-L-Singer
Abigail Stempson
astempson@kelleydrye.com
(202) 342-8678
www.kelleydrye.com/Our-People/Abigail-Stempson
Beth Chun
bchun@kelleydrye.com
(202) 342-8671
www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Shea O’Meara
someara@kelleydrye.com
(212) 808-5042
www.kelleydrye.com/people/shea-omeara
Subscribe to the Ad Law Access...2024-02-2606 min
Kelley Drye Legal DownloadEPA Proposes First National Drinking Water Standard for PFASOn today’s episode of Legal Download, attorneys from Kelley Drye’s Environmental practice will be joined by Kathi Wurzel, a board-certified toxicologist with NewFields, an environmental and engineering consulting firm, to discuss the first proposed national drinking water standard for PFAS released by the EPA this spring. Associate Sabrina Morelli moderates the discussion as Kathi, partner Steven Humphreys and associate Zoe Makoul discuss the standards and the impact of PFAS.2023-05-1822 minKelley Drye Legal DownloadConversation with Ralph Allen, Kelley Drye's New COOJoin Heather Tighe and Ralph Allen as we find out about Ralph's background, welcome him to Kelley Drye and find out what his plans are for the firm.2023-04-2035 minKelley Drye Ad Law Access PodcastFTC Proposed Ban Of Noncompetes- Practical Guidance For EmployersThe Federal Trade Commission’s (“FTC”) proposed rule banning the use of non-competes with employees and workers could regulate nearly every employer in the nation. If a final rule emerges from this proposal it could potentially prohibit non-disclosure, non-solicitation, and non-recruitment agreements and functional non-compete clauses. How can individual firms and industry groups alike weigh in on one of the most substantial regulatory actions facing employers right now? And what should businesses do to prepare? Kelley Drye’s Labor and Employment practice shares practical guidance to help employers prepare for a world without noncompetes.
https://www.adlawaccess.com/2023/01/articles/ftc-insights-how-employers-can-prepare-for-a-world-without-noncompetes/
William...2023-01-2410 minKelley Drye Ad Law Access PodcastThe FTC’s Proposal to Ban Noncompetes is on Shaky Legal GroundBy now, most of our readers have likely heard about the FTC’s proposed rule to ban noncompete clauses in employment contracts, including from Kelley Drye’s other posts on the topic discussing the sheer breadth of the proposal and the potential implications for employers. In this post, we zero in on an issue that merits a lot more attention than it’s getting – namely, the serious legal and practical questions that the FTC’s proposal raises.
https://www.adlawaccess.com/2023/01/articles/the-ftcs-proposal-to-ban-noncompetes-is-on-shaky-legal-ground/
Jessica Rich
jrich@kelleydrye.com
(202) 342-8580
https://www.kelleydrye.com/Our-People/Jessica-L-Rich
Kate White
kwhite@kelleydrye.com
(202) 342-8855
http...2023-01-2311 minKelley Drye Ad Law Access PodcastCPRA Rule Revisions Unlikely to be Finalized in 2022CPRA Rule Revisions Unlikely to be Finalized in 2022 by Kelley Drye Advertising Law2022-11-0813 minKelley Drye Ad Law Access PodcastBlurred Lines - A Rundown on the FTC Workshop “Protecting Kids from Stealth Advertising in Digital Media”Blurred Lines - A Rundown on the FTC Workshop “Protecting Kids from Stealth Advertising in Digital Media” by Kelley Drye Advertising Law2022-11-0410 minKelley Drye Ad Law Access PodcastNFL Hit with Automatic Renewal Lawsuit (and Hyperbole)Last week, a plaintiff filed a proposed class action against the NFL over its automatic renewal practices. The plaintiff alleges that the company used deceptive practices to automatically subscribe its Game Pass users to a new streaming service, NFL+, without their clear knowledge or consent, and that the NFL later made it difficult for them to cancel. It’s a little hard to tell from the complaint exactly what happened, but the gist of the argument is familiar.
The plaintiff alleges that when he learned that his Game Pass subscription was going to be converted to an NFL + subscription, he at...2022-10-1903 minKelley Drye Ad Law Access PodcastSEC is the Latest Agency to Keep Up With the KardashiansIn these difficult financial times, some of us may turn to our financial advisors for advice. Others may turn to Kim Kardashian. If you fall into the latter category, you may have seen that last year, Ms. Kardashian posted a story on Instagram in which she shared what her “friends just told [her] about the Ethereum Max Token.” People who read the post could swipe up to join the E-Max Community and purchase tokens. Not disclosed – but not surprising – was the fact that Ms. Kardashian was paid $250,000 for the post.
https://www.adlawaccess.com/2022/10/articles/sec-is-the-latest-agency-to-keep-up-with-the-kardashians/
Gonzalo E. Mon
Phone: (202) 342-8576
Em...2022-10-1803 min
Kelley Drye Legal DownloadCrypto Regulation in the CrosshairsCurrently the regulation of cryptocurrency currently hinges on one question, are cryptocurrency securities under federal securities law or are they commodities? Partner and head of Kelley Drye's Blockchain and Cryptocurrency Practice Matt Luzadder provides insight into what a sensible regulatory model looks like.
Matt Luzadder
MLuzadder@KelleyDrye.com
(312) 857-2623
https://www.kelleydrye.com/Our-People/Matthew-C-Luzadder
Produced by Sean Sobel2022-10-0420 minKelley Drye Ad Law Access PodcastCalifornia AG’s First CCPA Settlement Sends Strong “Signals” About Do Not Sell EnforcementCalifornia AG’s First CCPA Settlement Sends Strong “Signals” About Do Not Sell Enforcement by Kelley Drye Advertising Law2022-09-1306 minKelley Drye Ad Law Access PodcastFTC and Six States Take Action Against Fake Reviews and ClaimsFTC and Six States Take Action Against Fake Reviews and Claims by Kelley Drye Advertising Law2022-09-1304 minKelley Drye Ad Law Access PodcastFTC Updates – Intuit, Mag-Moss, and MoreUpdates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
FTC Updates – Intuit, Mag-Moss, and More
There’s a lot going on at the FTC and in consumer protection news more generally. This blogpost highlights some recent FTC-related news, as well as several issues related to the FTC’s legal authority that bear watching.
https://www.adlawaccess.com/2022/08/articles/ftc-updates-intuit-twitter-mag-moss-and-more/
Contact
Jessica L. Rich
jrich@kelleydrye.com
(202) 342-8580
Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Subscribe to the Ad Law Access blog - https://www.adlawaccess.com/subscribe/
Subscribe to the Ad Law News N...2022-09-0812 minKelley Drye Ad Law Access PodcastThe FTC’s Mission Statement for 2022-2026- “Legitimate Business Activity” Still Missing in ActionAd Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
The FTC’s Mission Statement for 2022-2026: “Legitimate Business Activity” Still Missing in Action
Last November, the FTC sought public comment on a draft strategic plan for 2022-2026. As we blogged here and discussed in a comment submitted to the FTC (one of only 21 submitted), a key change from prior strategic plans was deletion of the phrase “without unduly burdening legitimate business activity” from the FTC’s Mission Statement – a change that the Commission majority just adopted in its f...2022-09-0604 minKelley Drye Ad Law Access PodcastHow To Protect Employee/HR Data and Comply with Data Privacy LawsBuilding off of last month's webinar of the same name, Jayson Lewis and Alex Schneider discuss how to protect employee/HR data and comply with data privacy laws. Jayson and Alex review the kinds of data that are subject to data privacy laws, the laws that govern the handling of employee/HR data (federal and state), the use of monitoring tools and biometric technologies in the, and principles and best practices that employers should adopt as they navigate the evolving privacy landscape.
Contact Information
Jayson Lewis
jlewis@kelleydrye.com
(212) 808-7527
https://www.kelleydrye.com/Our-People/Jayson-B-Lewis
Alex Schneider
aschneider@kelleydrye...2022-08-0526 minKelley Drye Ad Law Access PodcastFTC Announced Third Right to Repair Action in Three WeeksAd Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
FTC Announced Third Right to Repair Action in Three Weeks
The FTC is focused on ensuring that consumers have options when it comes to repairing products. In 2019, they held a workshop to discuss manufacturer restrictions on repair rights. In a 2021 report, they concluded there was “scant evidence to support manufacturers’ justifications for repair restrictions.” After that, they issued a Policy Statement calling for more aggressive enforcement against manufacturers that impose these restrictions. Two weeks ago, we pos...2022-07-2203 minKelley Drye Ad Law Access PodcastNAD Addresses Disclosure Requirements for Paid StudiesAd Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
NAD Addresses Disclosure Requirements for Paid Studies
Liberty Mobile Puerto Rico advertised that it has the “best network” and the “best coverage” in Puerto Rico and disclosed that the claims were based on an “independent study” conducted by Global Wireless Solutions (or “GWS”). Although T-Mobile didn’t challenge the results of the study, it argued that because Liberty had paid GWS to conduct the study, the connection between the two companies should be clearly disclosed, in accordance with...2022-07-2003 minKelley Drye Ad Law Access PodcastCARU’s First Decision on “Gender-Restrictive” Ads Also Addresses Jurisdictional IssuesAd Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
CARU’s First Decision on “Gender-Restrictive” Ads Also Addresses Jurisdictional Issues
In a February 2021 blog post, CARU encouraged advertisers to focus on diversity and inclusion in their ads. In August 2021, they went a step further when they announced that the new version of the CARU Guidelines would include a provision stating that ads “should not portray or encourage negative social stereotyping, prejudice, or discrimination.” Last week, CARU released the first decision involving that new provision.
https://www.a...2022-07-1904 minKelley Drye Ad Law Access PodcastTINA.org Urges Investigation into Hello FreshAd Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
TINA.org Urges Investigation into Hello Fresh
TINA.org recently announced that it had filed complaints with the FTC and the Connecticut Department of Consumer Protection, urging them to investigate Hello Fresh’s marketing practices related to a campaign advertising “free” meals in order to encourage consumers to sign up for a subscription. The complaints touch on a number of issues we post about frequently, including automatic renewals, “dark patterns,” and the use of influencers. Here are s...2022-06-3005 minKelley Drye Ad Law Access PodcastFTC Announces Two Actions on Right to Repair While Legislative Efforts ContinueUpdates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
FTC Announces Two Actions on Right to Repair While Legislative Efforts Continue
The FTC is focused on ensuring that consumers have options when it comes to repairing products. In 2019, they held a workshop to discuss manufacturer restrictions on repair rights. In a 2021 report, they concluded there was “scant evidence to support manufacturers’ justifications for repair restrictions.” After that, they issued a Policy Statement calling for more aggressive enforcement against manufacturers that impose these restrictions. Last week, we may have seen the start o...2022-06-3003 minKelley Drye Ad Law Access PodcastUpdate on “Three Corners” Federal Privacy Bill (HR 8152)For those not following every detail regarding the progress of the “three corners” federal privacy bill, here’s a summary of where things stand.
In brief, on June 23, the House E&C Consumer Protection Subcommittee held a markup during which it considered a substitute version of the bill (HR 8152), approved it by voice vote, and forwarded it to the full E&C Committee for consideration. The amended bill contains a host of changes, many of which push it in a more business-friendly direction. Senate Commerce Chair Cantwell is more critical of the bill than ever, and has told the media that she...2022-06-2910 minKelley Drye Ad Law Access PodcastTest of Skype and ZoomTest of Skype and Zoom by Kelley Drye Advertising Law2022-06-221h 02
Kelley Drye Ad Law Access PodcastNew Bipartisan Federal Privacy Bill – Breakthrough, Too Late, or Both?Ad Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
New Bipartisan Federal Privacy Bill – Breakthrough, Too Late, or Both?
On Friday June 3, a bipartisan group of leaders from key House and Senate committees released a new “discussion draft” bill to establish nationwide standards for consumer privacy. The proposal (the American Data Privacy and Protection Act) builds on prior bills put forth by both Democrats and Republicans, as well as principles and provisions contained in the GDPR and State privacy laws. Of significance, the bill reflects b...2022-06-1117 minKelley Drye Ad Law Access PodcastWebinar Replay - State Attorneys General 101Webinar Replay - State AG 101
State Attorneys General play an increasingly important and powerful role in enforcing consumer protection laws and establishing public health standards impacting broad swaths of business. They are the primary enforcers of consumer protection laws within their state and hold sweeping powers to protect the public they serve by launching investigations and litigation alone or in multi-state actions involving numerous states and territories across the country.
Kelley Drye State Attorneys General practice Co-Chair Paul Singer, Senior Associate Beth Chun and Abby Stempson, Director of the Center for Consumer Protection, National Association of Attorneys General (NAAG) presented the...2022-06-1057 minKelley Drye Ad Law Access PodcastWebinar Replay: Teen Privacy Law UpdateThe replay for our May 19, 2022 Teen Privacy Law Update webinar is available here. A video version is available here https://www.youtube.com/watch?v=rUjuoyI_nok
Protecting the privacy and safety of kids and teens online is receiving enormous attention lately from Congress, the States, the FTC, and even the White House. Further, just last month, BBB National Programs unveiled a Teenage Privacy Program Roadmap offering a comprehensive framework for companies to use in identifying and avoiding online harms impacting teens.
Amidst these developments, Kelley Drye held a webinar to discuss the unique challenges associated with teen privacy. Dona...2022-05-261h 00Kelley Drye Ad Law Access PodcastWebinar Replay - Consumer Privacy Litigation UpdateThe increasing number of states enacting privacy laws means more privacy litigation. From the webinar of the same name, on this podcast the two co-chairs of Kelley Drye's Consumer Class Action Defense practice discuss:
- California Consumer Privacy Act (CCPA) and related laws covering privacy
- California Invasion of Privacy Act (CIPA) (Cal. Penal Code § 631, 632)
- Telephone Consumer Protection Act (TCPA) (47 USC 227)
- Video Privacy Protection Act (VPPA) (18 U.S.C. 2710)
- Illinois Biometric Information Privacy Act (BIPA)
Webinar link:
Contacts
Lauri Mazzuchetti
Partner
lmazzuchetti@KelleyDrye.com
(973) 503-5910
Bio: https://www.kelleydrye.com/Our-People/Lauri-A-Mazzuchetti
Becca Wahlquist
Partner
bwahlquist@kelleydrye.c...2022-04-2958 minKelley Drye Ad Law Access PodcastQ1 2022 #2 - Top Privacy Issues to Watch in 2022We are replaying our most popular episodes from the first quarter of 2022. Today's episode comes from our January 20 blog post Top Privacy Issues to Watch in 2022 - www.adlawaccess.com/2022/01/article…-watch-in-2022/
Contacts
Any member of Kelley Drye’s Privacy team - www.kelleydrye.com/Our-Practices/R…unseling-and-Co
Subscribe to the Ad Law Access Blog - www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate the lega...2022-04-1308 minKelley Drye Ad Law Access PodcastFive Consumer Protection Trends You Should Be Watching Out For (or Greatest Hits So Far This Year)Five Consumer Protection Trends You Should Be Watching Out For ( or Greatest Hits So Far This Year)
With guest host Kristi Wolff
With our entrance into the second quarter, Kristi takes a look at five things that she’s been noticing to help gauge what we should be watching for:
Free Claims
FTC to Intuit: “Free” Not Free for Most Taxpayers
https://www.adlawaccess.com/2022/03/articles/ftc-to-intuit-free-not-free-for-most-taxpayers/
Green Claims
NAD Continues to Focus on Green Claims
https://www.adlawaccess.com/2022/03/articles/nad-continues-to-focus-on-green-claims/
Subscriptions
Ad Law Access
https://www.adlawaccess.com/?s=subscriptions
Prop 65
Kelley Green Law Blog
https://www.kelleygreenlawblog.com/?s...2022-04-0608 minKelley Drye Ad Law Access PodcastLather, Rinse, Review, Repeat – NAD Issues New Decision on Haircare ReviewsLather, Rinse, Review, Repeat – NAD Issues New Decision on Haircare Reviews
Last year, Prose – a company that makes customized haircare products – brought an NAD challenge against a competitor, Function, over Function’s claims that it had over 110,000 5-star product reviews. Shortly after that, Function filed a challenge against Prose over Prose’s claims that it had over 192,000 5-star product reviews. NAD recently reopened the second challenge, and the new decision includes additional insights into how NAD examines reviews.
https://www.adlawaccess.com/2022/04/articles/lather-rinse-rep…haircare-reviews/
Gonzalo E. Mon
gmon@kelleydrye.com
(202) 342-8576
Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Advertising and Privacy Law Res...2022-04-0404 minKelley Drye Ad Law Access PodcastFTC to Intuit: “Free” Not “Free” for Most TaxpayersFTC to Intuit: “Free” Not “Free” for Most Taxpayers
If you follow the FTC, you likely saw its widely-covered filing this week alleging that Intuit, the marketer of TurboTax, has deceptively claimed for years that its online tax preparation services are “free,” when they’re free for only a subset of taxpayers. The FTC’s case parallels two class actions already underway; some state AGs are reportedly investigating the company as well.
https://www.adlawaccess.com/2022/03/articles/ftc-to-intuit-free-not-free-for-most-taxpayers/
Jessica L. Rich
jrich@kelleydrye.com
(202) 342-8580
Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising...2022-04-0108 minKelley Drye Ad Law Access PodcastAfter Remington Settlement, AGs Press Forward With CP Investigations of Firearms ManufacturersHosted by Simone Roach
After Remington Settlement, Attorneys General Aim To Press Forward With Consumer Protection Investigations of Firearms Manufacturers
David M. Reap
dreap@kelleydrye.com
(212) 808-7636
Bio - https://www.kelleydrye.com/Our-People/David-M-Reap
Paul L. Singer
psinger@kelleydrye.com
(202) 342-8672
Bio - www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun
bchun@kelleydrye.com
(202) 342-8671
Bio - www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate...2022-03-3107 minKelley Drye Ad Law Access PodcastFareportal to Pay $2.6 Million Over Dark PatternsHosted by Simone Roach
The New York Attorney General announced that Fareportal had agreed to pay $2.6 million to end an investigation over its use of “dark patterns” to manipulate consumers into booking flights and hotel accommodations. As we’ve noted in previous posts, “dark patterns” is arguably a new name to describe practices that have been around for a while, so it helps to see some examples of what the AG alleged Fareportal did.
Blog Post - https://www.adlawaccess.com/2022/03/articles/fareportal-to-pay-2-6-million-over-dark-patterns/
Contact
Gonzalo E. Mon
gmon@kelleydrye.com
(202) 342-8576
Bio - www.kelleydrye.com/Our-People/Gonzalo-E-Mon
Subscribe to the Ad...2022-03-2403 minKelley Drye Ad Law Access PodcastNAD Continues to Focus on Green ClaimsHosted by Simone Roach
NAD Continues to Focus on Green Claims
Most NAD challenges are initiated by competitors, but NAD can also initiate its own inquiries as part of its mission to independently monitor national ads for truthfulness and accuracy. Over the past few months, NAD has initiated inquiries into green claims made by Georgia-Pacific and Everlane. Last week, NAD announced a decision involving an inquiry into various green claims made by Chipotle, once again signaling that these types of claims are a priority.
Blog Post - https://www.adlawaccess.com/2022/03/articles/nad-continues-to-focus-on-green-claims/
Contact
Gonzalo E. Mon
gmon@kelleydrye.com
(202) 342-8576
...2022-03-2304 minKelley Drye Ad Law Access PodcastHow the Utah Consumer Privacy Act Stacks Up Against Other State Privacy LawsHosted by Simone Roach
As companies wait to see whether the Utah Consumer Privacy Act (UCPA) becomes the fourth comprehensive state privacy law, we are providing an overview of some of the Act’s key provisions – and how they depart from comprehensive privacy laws in California, Colorado, and Virginia.
Utah’s Senate unanimously passed the UCPA on February 25. The House – also through a unanimous vote – followed on March 2. The Legislature sent the UCPA to Governor Spencer Cox on March 15. Because the Legislature adjourned on March 4, Governor Cox has 20 days from the date of adjournment – March 24 – to sign or veto the Act. If Gover...2022-03-2206 minKelley Drye Ad Law Access PodcastAge Appropriate Design Codes – Well Meaning, but Do They Make for Good Law?Hosted by Simone Roach
There’s bipartisan momentum in Congress to enact stronger privacy protections for kids and teens – and specifically, tools that would enable minors and their parents to limit algorithms and online content that fuel self-harm and addictive behaviors. These efforts, reflected in several federal bills (see here and here) and now in a California bill too, build on months of testimony by a social media insider and are modeled in large part on the UK’s Age Appropriate Design Code.
Blog Post - https://www.adlawaccess.com/2022/03/articles/age-appropriate-codes-well-meaning-but-do-they-make-for-good-law/
Contact
Jessica L. Rich
jrich@kelleydrye.com
(202) 342-8580
Bio - www.kelleydry...2022-03-2107 minKelley Drye Ad Law Access PodcastLina Khan’s Privacy Priorities – Time for a RecapHosted by Simone Roach
Rumors suggest that Senator Schumer is maneuvering to confirm Alvaro Bedoya as FTC Commissioner sooner rather than later, which would give FTC Chair Khan the majority she needs to move forward on multiple fronts. One of those fronts is consumer privacy, for which Khan has announced ambitious plans that have stalled for lack of Commissioner votes. With Bedoya potentially on deck, now seems like a good time to recap those plans, as they might provide clues about what’s in the pipeline awaiting Bedoya’s vote. We focus here on three priorities Khan has emphasized in state...2022-03-1808 minKelley Drye Ad Law Access PodcastDid the Other Shoe Drop? Another Class Action Against New Balance for its “Made in USA” ClaimsHosted by Simone Roach
The FTC regularly investigates Made in USA claims, but private actions have been less frequent. New Balance, however, has faced at least two class action lawsuits alleging it falsely advertises its footwear products as “Made in the USA.” The most recent complaint , proposing a nationwide class, was filed in the U.S. District Court for the District of Massachusetts and alleges violations of California’s False Advertising Law, Unfair Competition Law, and Consumers Legal Remedies Act, as well as fraud and breach of warranty. New Balance has filed a motion to dismiss, asserting that plaintiffs are trying...2022-03-1703 minKelley Drye Ad Law Access PodcastBuy American Final Rule Ups the Domestic Content AnteHosted by Simone Roach
Our colleagues have just published an advisory that summarizes recent amendments made by the Federal Acquisition Regulation (FAR) Buy American Act requirements. The amendments implement the Biden Administration’s Executive Order “Ensuring the Future Is Made in all of America by All of America’s Workers.” See the advisory for the full details.
We carefully monitor Made In USA issues at the Federal Trade Commission and maintain a tracker of Made In USA closing letters. If you want to subscribe to Kelley Drye’s Made In USA Tracker email marketing@kelleydrye.com. Additional Made In USA information can be...2022-03-1614 minKelley Drye Ad Law Access PodcastCalifornia AG’s First CCPA Opinion Takes a Broad View of the Right to Access InferencesHosted by Simone Roach
In the first formal written opinion interpreting CCPA compliance obligations, California Attorney General Rob Bonta concludes that the CCPA grants consumers the right to know and access internally generated inferences that businesses generate about them, but that the CCPA does not require businesses to disclose trade secrets.
The 15-page opinion, issued on March 10, responds to a question posed by Sacramento area Assemblyman Kevin Kiley (R): “Under the California Consumer Privacy Act, does a consumer’s right to know the specific pieces of personal information that a business has collected about that consumer apply to internally generated infe...2022-03-1509 minKelley Drye Ad Law Access PodcastSweepstakes Mishap Hastens Company's DownfallHosted by Simone Roach
Artesian Builds makes customized computers, with a focus on products for gamers and streamers on platforms such as YouTube and Twitch. Like many companies, Artesian uses brand ambassadors to help promote its products. As part of its ambassador program, Artesian offered participants opportunities to earn credits toward future purchases and chances to win computers during monthly sweepstakes.
Although it’s not clear what rules governed the sweepstakes, CEO Noah Katz apparently decided to change them during a live-streamed event on March 1, 2022. After selecting a winner, Katz publicly discarded her entry because she didn’t have as many...2022-03-1502 minKelley Drye Ad Law Access PodcastUnauthorized Blockchain Domain Names - What’s a Brand to Do?Hosted by Simone Roach
Just when you thought you had a handle on domain name enforcement, blockchain technology has given rise to blockchain domain names, which bring novel and complex challenges. There are currently millions of blockchain domain names, with extensions such as “.crypto” and “.eth.” These domain names may be used as an address for a website (typically on the decentralized web), as well as for other purposes, such as an identifier or nickname for a crypto wallet. Some blockchain domain names mimic brand or celebrity names and are being offered for sale on NFT marketplaces for the cryptocurrency equivale...2022-03-1118 minKelley Drye Legal DownloadAttorney-Client Privilege In Investigations and Crisis Response ScenariosOn this episode of Kelley Drye’s Legal Download, senior associate Molly Rao speaks with Kristi Wolff, the chair of the firm’s Food and Drug Law and Cannabis Law practices. They provide answers to frequently asked questions surrounding attorney-client privilege and investigations, including how to protect privilege and how to keep third-party communications protected.
For more information, contact:
Kristi Wolff
Partner
kwolff@kelleydrye.com
(202) 342-8805
Bio - www.kelleydrye.com/Our-People/Kristi-L-Wolff
Malavika (Molly) Rao
Senior Associate
mrao@kelleydrye.com
(212) 808-5129
Bio: www.kelleydrye.com/Our-People/Malavika-A-Rao2022-03-1120 minKelley Drye Ad Law Access PodcastDo Your Sponsorship Agreements Address Event Cancellation?Hosted by Simone Roach
From time to time we will revisit some of the most popular Ad Law Access blog posts. On this episode, we will cover a post from exactly two years ago today: Do Your Sponsorship Agreements Address Event Cancellation?
Over the past few weeks, a number of organizations have announced their plans to cancel conferences, festivals, and other events over fears about spreading the coronavirus. Undoubtedly, the companies who’ve paid to sponsor these events have by now pulled out their sponsorship agreements to see what those agreements say about what happens next.
When companies start to negoti...2022-03-1003 minKelley Drye Ad Law Access PodcastGeorgia AG’s AVC with Rent-A-Center is a Lesson in State AuthorityHosted by Simone Roach
In late January, Georgia Attorney General Chris Carr reached a settlement with Rent-A-Center regarding a variety of alleged deceptive practices in its rent-to-own business, including in its debt collection and general disclosure practices. Maybe you’re thinking, “I’m not in the rent-to-own business, so why is this case important to me?” AG Carr’s settlement, which took the form of an Assurance of Voluntary Compliance (AVC), includes many important takeaways that you should think about no matter what industry you may be in, especially if you operate in multiple states. And with State AG consumer protection en...2022-03-0706 minKelley Drye Ad Law Access PodcastNAD Reviews Charitable Donation ClaimsHosted by Simone Roach
In recent years, more companies have been willing to take public positions on social issues and to promote certain causes. Different types of promotions raise different legal issues. For example, if a company advertises that a purchase will lead to a donation to a charity, that could trigger requirements under commercial co-venture laws. (Listen to this podcast for more details.) Other types of promotions – such as simply announcing a charitable donation – trigger fewer requirements.
Blog Post - https://www.adlawaccess.com/2022/03/articles/nad-reviews-charitable-donation-claims/
Contacts
Gonzalo E. Mon
gmon@kelleydrye.com
(202) 342-8576
Bio - www.kelleydrye.com/Our-People/Gon...2022-03-0403 minKelley Drye Ad Law Access PodcastWebinar Replay: Privacy Priorities for 2022 - FTCUnder Chair Lina Khan, the Federal Trade Commission has announced an aggressive privacy agenda, which is unfolding on the enforcement, regulatory, and policy fronts. In recent enforcement actions, the FTC has sought stringent remedies, including data deletion, bans on conduct, notices to consumers, stricter consent requirements, individual liability, and significant monetary relief based on a range of creative theories. The FTC has also announced that it intends to launch a rulemaking to limit "surveillance advertising." The FTC has also issued two rounds of guidance on its Health Breach Notification Rule -- which has never been the subject of an FTC...2022-03-0355 minKelley Drye Legal DownloadOffice Politics: Rules for Engaging Your Workforce in the 2022 ElectionsKelley Drye Legal Download Podcast
A rundown of the latest legal issues impacting your business from Kelley Drye & Warren LLP.
With 2022 midterm elections right around the corner, you may already be planning to approach your executives and employees to encourage them to be more engaged politically in today’s important issues, whether that’s learning more about the candidates and issues, registering to vote and voting, volunteering for favored campaigns and candidates, and even perhaps fundraising.
In this episode, Jeff Scurry speaks with Dave Frulla and Jeff Hunter about the “rules of the road” when it comes to engaging your workforc...2022-02-1807 minKelley Drye Ad Law Access PodcastDay in the Life of a Chief Privacy OfficerOn this special episode, Privacy and Information Security practice chair Alysa Hutnik chats with Shana Gillers, TransUnion’s Chief Privacy Officer. Alysa and Shana discuss the journey to becoming a chief privacy officer, hot topics, and what it takes to stay on top of your game in privacy today.
Shana Gillers
Shoshana Gillers has served as TransUnion’s Chief Privacy Officer since September 2019. In this role Ms. Gillers oversees compliance with privacy laws across TransUnion’s global footprint and promotes a culture of responsible data stewardship.
Prior to joining TransUnion, Ms. Gillers spent four years at JPMorgan Chase, ultimately serving as Vic...2022-02-1723 minKelley Drye Ad Law Access PodcastKick-Off Time for FTC Rulemaking on Earnings ClaimsAd Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
Hosted by Simone Roach
On February 10, the FTC announced that it “will vote” at its February 17 open meeting to issue an Advance Notice of Proposed Rulemaking (ANPR) on “deceptive earnings claims for business ventures, gig or other work opportunities, or educational, coaching or training offerings.” Here’s our take on what we can glean from this announcement and what we might expect as the rulemaking process moves forward.
Blog Post - https://www.adlawaccess.com/2022/02/articles/kick...2022-02-1705 minKelley Drye Ad Law Access PodcastUpcoming webinar on recent FTC privacy developments and predictions for 2022Hosted by Simone roach
Please join us for a webinar on February 24, 2022 at 4 p.m. on recent and upcoming FTC developments. The webinar will feature Kelley Drye’s Jessica Rich and Aaron Burstein, both former FTC officials, and will be moderated by the newest addition to our privacy team, Jayson Lewis. Here’s a taste of what we’ll be discussing, building on the commentary we have posted in this blog over the past few months:
All eyes are on the FTC this year, given its recent actions, setbacks, and ambitious plans for 2022.
As we’ve reported here, Chair Lina Khan has...2022-02-1403 minKelley Drye Ad Law Access PodcastA New Federal Privacy Law Could Come from an Unexpected PlaceAd Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
Hosted by Simone Roach
As we continue to watch the slow motion, often circular efforts in Congress to develop and enact comprehensive privacy legislation, federal action on privacy could end up coming from some surprising places.
By this, we mean it might not come from Senators Cantwell or Wicker, who have championed the leading, competing privacy bills in the Senate Commerce Committee over the past few years. Nor from Senator Wyden, who just re-introduced his b...2022-02-1006 minKelley Drye Ad Law Access PodcastSenate Spars with FTC BCP Director Sam Levine over FTC Enforcement, Surprisingly from Both SidesAd Law Access Daily Podcast
Updates on advertising law, privacy law, and consumer protection trends, issues, and developments from Kelley Drye's Advertising and Marketing practice.
Hosted by Simone Roach
The Senate Commerce Committee’s Subcommittee on Consumer Protection, Product Safety and Data Security held its second hearing in less than a year on COVID-19 fraud, price gouging, and related enforcement efforts. Groundhog Day Eve was a fitting date for the hearing, as the Federal Trade Commission – this time through Bureau of Consumer Protection Director Samuel Levine – again called on Congress to pass legislation to clarify the agency’s Section 13(b) authorit...2022-02-0805 minKelley Drye Ad Law Access PodcastDark Patterns - A New Legal Standard or Just a Catchy Name? (Part Two)Hosted by Simone Roach
In Part One of this discussion, we provided background on the concept of dark patterns and analyzed some recent examples from State AG enforcement. We concluded that, in alleging dark patterns, State AGs are building primarily on existing precedent governing deception and unfairness but also are trying to push the envelope. Whereas earlier precedent mostly focused on false and hidden information, some of the State’s current allegations lean more towards coercion and the impairment of voluntary action.
In this episode (Part Two), we examine the FTC’s approach to this issue, now and in the past...2022-02-0406 minKelley Drye Ad Law Access PodcastDark Patterns - A New Legal Standard or Just a Catchy Name? (Part One)Hosted by Simone Roach
State and federal regulators have definitely put a new emphasis on combatting so-called “dark patterns” – a term attributed in 2010 to user-experience expert Harry Brignull, who runs the website darkpatterns.org. Consider some of the actions of 2021: In April, the FTC hosted a workshop dedicated to dark patterns. In July, Colorado passed the Colorado Privacy Act that specifically defines and prohibits the use of dark patterns. In October, the FTC issued a policy statement warning against the use of dark patterns in subscription services. And just last week, a bipartisan group of four states sued Google alleging in par...2022-02-0306 minKelley Drye Ad Law Access PodcastFTC Continues to Focus on Incentivized ReviewsAd Law Access Daily Podcast
Hosted by Simone Roach
We wrote about the FTC’s first case involving a company’s failure to post negative reviews. Just a few days later, the FTC reached a $3.5 million settlement with Hubble Contacts. Although much of the FTC’s complaint in the Hubble case alleges violations of the Contact Lens Rule, the FTC also alleged that Hubble engaged in misleading practices related to consumers reviews. The latter should catch your eye, even if you don’t work in the vision industry.
Blog Post - https://www.adlawaccess.com/2022/01/articles/ftc-continues-to-focus-on-incentivized-reviews/
Contacts
Gonzalo E. Mon
gmo...2022-02-0202 minKelley Drye Ad Law Access PodcastWebinar Replay: State Attorney General Consumer Protection Priorities For 2022Consumer protection enforcement efforts are expected to increase dramatically this year. Recent pronouncements from State Attorneys General around the country bring privacy, big tech and the misuse of algorithms, and basic advertising related frauds into particular scrutiny.
From the webinar of the same title, Kelley Drye State Attorneys General practice Co-Chair Paul Singer, Advertising and Marketing Partner Gonzalo Mon, Privacy Partner Laura VanDruff, and Senior Associate Beth Chun discuss these and other state consumer protection, advertising, and privacy enforcement trends.
Webinar link: https://udenver.zoom.us/rec/play/d12OUXRO-fwuQ4Wou5KgQy5q9G404Ozs2016MwMPKTwiitngPSnh08zbR4SACrcsy4CpGhe7knNmuP9...2022-02-0159 minKelley Drye Ad Law Access PodcastWebinar Replay: Privacy Priorities For 2022 - Legal And Tech Developments To Track And TackleOn another special episode, Kelley Drye’s Privacy Team and Ketch, a data control company, highlighted key legal and self-regulatory developments to monitor, along with practical considerations for how to tackle these changes over the course of the year. This is a podcast version of the recent webinar.
For a video replay of the webinar - https://kelleydrye.zoom.us/rec/share/UluU6GApxeZHiplBizKH3Ta2mOa9yPnl7nn-JxWPOJkGZTWKDoAFlL_3mO8_iCSD.uIrC9Im180BZO5Lx?startTime=1643230807000
Contact Info
Alysa Z. Hutnik
(202) 342-8603
ahutnik@kelleydrye.com
Bio - https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Jonathan Joseph
Ketch
jonathan@ketch.com
Aaron Burstein
aburstei...2022-01-2958 minKelley Drye Ad Law Access Podcast2022 Federal and State Privacy DevelopmentsAd Law Access Daily Podcast
On this special episode, Jessica Rich and Paul Singer discuss privacy developments they are watching this year on both the federal and state fronts.
Contact Info
Jessica L. Rich
jrich@kelleydrye.com
(202) 342-8580
Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Paul L. Singer
psinger@kelleydrye.com
(202) 342-8672
Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Paul recently presented with other Kelley Drye attorneys on the webinar State Attorney General Consumer Protection Priorities for 2022. A podcast version will hit this feed soon but find a replay of the webinar here - https://kelleydrye.zoom.us/rec/share/IK...2022-01-2834 minKelley Drye Ad Law Access PodcastFTC Settles with Company Over Failure to Post Negative ReviewsAd Law Access Daily Podcast
Hosted by Simone Roach
Companies often ask us whether they can highlight positive reviews without mentioning negative ones. The good news is that there are ways to do that, but when the conversation veers from highlighting positive reviews to suppressing negative ones, things get trickier. This afternoon, the FTC announced its first case involving a company’s failure to post negative reviews, and the settlement helps illustrate what companies can and cannot do.
Blog Post - https://www.adlawaccess.com/2022/01/articles/ftc-settles-with-company-over-failure-to-post-negative-reviews/
Contacts
Gonzalo E. Mon
gmon@kelleydrye.com
(202) 342-8576
Bio - www.kelleydrye.com/Our-Peopl...2022-01-2603 minKelley Drye Ad Law Access PodcastTexas AG Sues Google over Misleading EndorsementsAd Law Access Daily Podcast
Hosted by Simone Roach
When a company uses an influencer or other person to endorse the company’s products, it’s important that endorsement reflects the endorser’s honest opinions, beliefs, or experiences with the products. Of course, in order for that to happen, the endorser must have actually used the products. This week, the Texas Attorney General filed a lawsuit against Google alleging that the company engaged people to provide endorsements for its Pixel 4 phone, even though they had never used it.
Blog Post - https://www.adlawaccess.com/2022/01/articles/texas-ag-sues-google-over-misleading-endorsements/
Contacts
Gonzalo E. Mon
gmo...2022-01-2502 minKelley Drye Ad Law Access PodcastOnce Upon a Time in Federal CourtAd Law Access Daily Podcast
Hosted by Simone Roach
Blog Post - https://www.adlawaccess.com/2022/01/articles/once-upon-a-time-in-federal-court/
Contacts
Paul L. Singer
psinger@kelleydrye.com
(202) 342-8672
Bio - https://www.kelleydrye.com/Our-People/Paul-L-Singer
Beth Chun
bchun@kelleydrye.com
(202) 342-8671
Bio - https://www.kelleydrye.com/Our-People/Beth-Bolen-Chun
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resource Center to help your company navigate...2022-01-2403 minKelley Drye Ad Law Access PodcastTargeted Advertising in the Crosshairs - New Bill Seeks to Ban Many Forms of Targeted AdvertisingHosted by Simone Roach
Blog Post - https://www.adlawaccess.com/2022/01/articles/targeted-advertising-in-the-crosshairs-new-bill-seeks-to-ban-many-forms-of-targeted-advertising/
Contacts
Jessica L. Rich
jrich@kelleydrye.com
(202) 342-8580
Bio - www.kelleydrye.com/Our-People/Jessica-L-Rich
Alysa Z. Hutnik
(202) 342-8603
ahutnik@kelleydrye.com
Bio - https://www.kelleydrye.com/Our-People/Alysa-Z-Hutnik
Alexander Schneider
aschneider@kelleydrye.com
(202) 342-8634
Bio - www.kelleydrye.com/Our-People/Alex…der-I-Schneider
Subscribe to the Ad Law Access Blog - https://www.adlawaccess.com/subscribe/
Advertising and Privacy Law Resource Center - www.kelleydrye.com/Advertising-and…Resource-Center
The Advertising and Marketing and Privacy and Information Security practice groups at Kelley Drye have organized this Advertising and Privacy Law Resou...2022-01-2108 minKelley Drye Ad Law Access PodcastTop Privacy Issues to Watch in 2022Hosted by Simone Roach
You’ve probably seen a lot of privacy forecasts for 2022 during the past few weeks. Here’s one that reflects the collective thoughts of our diverse privacy team, which includes former high level officials from the FTC and State AG offices, and practitioners who have been advising clients about privacy for over 30 years.
Note: Our team will discuss these issues, along with practical suggestions for how companies can tackle privacy challenges, in a January 26 webinar at 4 pm ET. Please tune in! You can register here https://kelleydrye.zoom.us/webinar/register/WN_yluCB8JSR8KoPQp30Gldbw
Blog Po...2022-01-2008 minKelley Drye Ad Law Access PodcastTaking State AGs’ Temperature on Covid TestsHosted by Simone Roach
Consumers across the country have been scrambling to get their hands on convenient and quick at-home Covid tests for weeks as the Omicron variant surge has gripped the country. With President Biden’s recent announcement that insurance plans will cover the costs of certain at-home Covid tests that started January 15 and the rollout of hundreds of millions of free tests, this trend is unlikely to wane any time soon. State AGs have taken notice, and we have seen many issue consumer alerts warning consumers about fake tests, illegitimate “popup” Covid test sites, and price gouging.
But what c...2022-01-1904 minKelley Drye Legal DownloadEPA Plan Changes PFAS Outlook For Companies, RegulatorsThe U.S. Environmental Protection Agency recently released its much-anticipated plan, nearly a year in the making, to address per- and poly-fluoroalkyl substances in the environment. Building on a Law360 of the same name, Steven Humphreys, Lauren Shah, and Maria Pimienta discuss the EPA's PFAS Strategic Roadmap, which provides a detailed framework of actions the agency commits to taking over the next three years to confront PFAS contamination across the country.
See the Law360 article here (subscription required): https://www.law360.com/articles/1435724/epa-plan-changes-pfas-outlook-for-companies-regulators
For additional information, see our PFAS and Emerging Contaminants https://www.kelleydrye.com/Our-Practices/Hot-Topics/PFAS-and-Emerging-Contaminants
...2021-11-1935 minKelley Drye Legal Download2021 House Ways And Means Tax ProposalsOn September 13, 2021, the House Ways and Means Committee released draft legislation advancing a series of tax proposals (the “Ways and Means Tax Proposals”). This episode of Kelley Drye's Legal Download discusses some of these proposals.
For additional information, see:
House Ways and Means Committee Proposes Tax Law Changes
https://www.kelleydrye.com/News-Events/Publications/Client-Advisories/House-Ways-and-Means-Committee-Proposed-Tax-Law-Ch
Contacts:
Andrew Lee
Partner
alee@kelleydrye.com
(212) 808-7859
Jack Miles
Partner
jmiles@kelleydrye.com
(212) 808-7574
The Ways and Means Tax Proposals are, of course, subject to change, as Congressional negotiations progress in the coming weeks. It is uncertain whether the Biden administration will ultimately succ...2021-10-0929 minKelley Drye Legal DownloadWhat Does The SEC Approved NASDAQ Diversity Proposal Mean For Boards?On this episode of Kelley Drye’s Legal Download, Senior Associate Courtney Kleshinski will discuss NASDAQ’s Diversity Proposal, approved by the SEC in August 2021, that would establish a disclosure-based framework to advance board diversity and enhance transparency of board diversity statistics. Courtney and Shanin will review key components of the proposal and highlight the implications and action-items for company boards.
Contacts
Courtney L. Kleshinski - https://www.kelleydrye.com/Our-People/Courtney-L-Kleshinski
Senior Associate
ckleshinski@kelleydrye.com
(312) 857-70792021-09-3009 minKelley Drye Legal DownloadTop Environmental Social & Governance Concerns for Corporate BoardsPressure from institutional investors such as BlackRock vanguard and State Street and environmental groups, employees, customers, and other corporate stakeholders has contributed to an increased focus and urgency on environmental, social and corporate governance matters or ESG. Boards of directors are now looking for ways their companies can design and implement business strategies that produce a sustainable future and remain relevant in a world where climate change, social justice, pandemics, disease prevention and wellness are the new normal.
In this episode of Kelley Drye's Legal Download, senior associate Courtney Kleshinski provides a roadmap for boards to take tangible steps towards...2021-04-3009 min
The Data Protection Breakfast Club with Andy & PedroAlysa Hutnik - Partner at Kelley Drye & WarrenWe’re joined by Alysa Hutnik who leads privacy and information security at Kelley, Drye & Warren one of the leading law firms in the US on advertising issues. Practice in this area can often feel like wandering a maze of regulatory rules, enforcement actions and nebulous provisions. Luckily Alysa is masterful at weaving through and finding practical solutions for companies big and small. Labyrinth has an incredible performance by David Bowie, so we discuss his music as well and potentially his makeup...2021-03-2435 minKelley Drye Legal DownloadMaryland's Controversial Tax on Digital Advertising ExplainedOn February 12, 2021, the General Assembly of the State of Maryland enacted legislation imposing the Digital Advertising Gross Revenues Tax, overriding a prior veto of the legislation by Maryland Governor Larry Hogan. The Act imposes a tax, at rates of up to 10%, on gross revenues “derived from digital advertising services in the state.” The tax could be extremely burdensome, and within days of the Act’s enactment, a number of advertising industry groups commenced litigation, in an effort to block implementation of the Act.
Tax partner Andrew Lee breaks down what you need to know about this first-of-its-kind tax on this episod...2021-02-2808 minKelley Drye Legal DownloadThe Biden Tax PlanThe Democrats’ “sweep” of the White House and both chambers of Congress means that it is all but inevitable that tax legislation will be introduced in 2021, but the razor-thin nature of the Democrats’ majority in Congress could mean that only a few of President Biden’s proposals will ultimately be enacted this year. In a companion podcast to their client advisory, the latest episode of Kelley Drye’s Legal Download features tax partners Jack Miles and Andrew Lee discussing some of President Biden’s corporate and individual tax proposals.
For additional information:
The Biden Tax Plan Client Advisory
www.kelleydrye.com/News-Event...2021-01-2217 minKelley Drye Legal DownloadFrom Subpoenas to Search Warrants: Search Warrant BasicsOn the latest episode of Kelley Drye’s Legal Download, in the second of a two-part series, Chicago Office Managing Partner Matt Luzadder speaks with Mark Pohl of The Pohl Group about search warrants and the action plan for you and your company if agents should show up with a warrant.
In Part I, Mark discussed grand jury investigations and agent interviews. These guests draw on their experience from both the law enforcement and defense perspectives, giving the audience practical advice on handling the investigative process.
For more information, contact:
Mark Pohl
President & Founder
The Pohl Group
Special Agent, DoD (Re...2020-12-1516 minKelley Drye Legal DownloadFrom Subpoenas to Search Warrants: Responding to Grand Jury Subpoenas and Agent InterviewsOn the latest episode of Kelley Drye’s Legal Download, in the first of a two-part series, Chicago Office Managing Partner Matt Luzadder speaks with Mark Pohl of The Pohl Group about grand jury investigations and agent interviews.
In Part II, Mark will discuss search warrants and the action plan for you and your company if agents should show up with a warrant. These guests draw on their experience from both the law enforcement and defense perspectives, giving the audience practical advice on handling the investigative process.
For more information, contact:
Mark Pohl
President & Founder
The Pohl Group
Special Agent, Do...2020-12-0815 minKelley Drye Legal DownloadDon’t Forget About Biometric Privacy When Instituting COVID Procedures!Special Counsel Michael Dover discusses compliance requirements of Illinois' biometric privacy law (BIPA) and how they affect companies implementing COVID procedures to get their employees back to work, as well as how ongoing litigation may have an effect on BIPA compliance in "emergency" circumstances like the national COVID pandemic.
For more information:
Michael Dover
Special Counsel
(312) 857-7087
mdover@kelleydrye.com
www.kelleydrye.com/Our-People/Michael-Dover
For more Kelley Drye podcasts and other insights visit https://www.kelleydrye.com/Insights2020-11-2310 minKelley Drye Legal DownloadFederal Judge Puts California Ban on Importing Alligator, Crocodile Parts on HoldThe 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.
For more information:
David...2020-11-1114 minKelley Drye Legal DownloadSizing up the FCCThe upcoming election will bring changes to the FCC, regardless of which party wins the White House. In this episode, Dana Wood, co-chair of Kelley Drye’s Government Relations and Public Policy (GRPP) practice joins for a discussion of the potential organizational and policy changes under the next administration. Look out for post-election coverage from Kelley Drye’s Communications and GRPP groups.2020-10-3022 minKelley Drye Legal DownloadCybersecurity and Data Protection Issues in the 2020 Election with Kendall Burman of AlloyAs 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.
Kendall Burman
https://alloy.us/team/kendall-burman/
...2020-10-0924 min
Kelley Drye Legal DownloadLeasing In The Age of COVID-19In the wake of COVID-19, commercial landlords are facing unprecedented challenges. Following up on the recent alert, COVID-19 Lease Provisions, Aaron Rosenfeld and Emilie Sickles, highlight a handful of lease provisions that commercial landlords may want to consider when they enter into their next lease or lease amendment.
You can find the advisory here: https://www.kelleydrye.com/News-Events/Publications/Client-Advisories/COVID-19-Lease-Provisions
You can contact Aaron and Emilie at:
Aaron Rosenfeld - https://www.kelleydrye.com/Our-People/Aaron-D-Rosenfeld
Emilie Sickles -https://www.kelleydrye.com/Our-People/Emilie-A-Sickles
For information on this and other topics, please visit Kelley Drye’s COVID-19 Re...2020-08-1907 min
The Broadband BunchTelecommunications & Broadband Policy Experience: Tom Cohen - Partner, Kelley DryeFew have done more to positively impact policies and procedures governing federal and state broadband deployment funding programs than attorney Tom Cohen, a partner in the law firm of Kelley Drye. Tom has 40 years of experience in the communications and telecommunications industry sector. His practice at Kelley Drye focuses on providing legal counsel to further the business interests of entities engaged in the provision of wireline and wireless telecommunications, cable and broadband, including internet services. He has significant experience in federal and state broadband administrative and legislative advocacy and with the Fiber Broadband Association accelerating fiber deployment over the last 20...2020-08-1837 min
Kelley Drye Legal DownloadCleaning Up: Answers To Common Questions About Disinfectant, Germ, and Virus-Killing ClaimsSince the start of the pandemic, we have been receiving a lot of questions regarding products claiming to kill or otherwise inhibit viruses, bacteria and other germs. Following on from their recent webinar on this same topic (available here https://www.adlawaccess.com/2020/07/articles/webinar-replay-cleaning-up-from-2020-guidance-for-disinfectant-germ-and-virus-killing-claims/), partner Kristi Wolff and special counsel Joe Green answer some common questions they have been getting.
Important links:
Kristi Wolff - www.kelleydrye.com/Our-People/Kristi-L-Wolff
Joe Green -www.kelleydrye.com/Our-People/Joseph-J-Green
Kelley Green Blog - www.kelleygreenlawblog.com
Ad Law Access - www.adlawaccess.com
Food & Drug Law Access - www.fooddruglaw.co...2020-08-0518 minKelley Drye Legal DownloadBankruptcy During the COVID-19 Pandemic2020 is on pace to set a record as the busiest year for bankruptcy filings since the Great Recession. Special Counsel Jennifer Raviele and Partner Bob LeHane of Kelley Drye's Bankruptcy and Restructuring practice discuss the current state of retail and restaurant bankruptcy cases, the impact of the global pandemic, and what to expect in the future.
If you would like further information, please reach out to:
Bob LeHane - www.kelleydrye.com/Our-People/Robert-L-LeHane
Jennifer Raviele - www.kelleydrye.com/Our-People/Jennifer-D-Raviele
Additional information is available at www.kelleydyre.com or our COVID-19 Resource Center at www.kelleydrye.com/COVID-19...2020-07-0219 minKelley Drye Legal DownloadCOVID-19 Financial Remedies, Part 2: InsuranceKelley Drye partners Matthew Luzadder and Neil Merkl and special counsel Cameron Argetsinger discuss practical advice for companies assessing claims of "force majeure" and review the state of insurance coverage for COVID-19 related business losses.
This podcast and its companion episode covering insurance issues related to force majeure and insurance claims related to COVID-19 are updates to the webinar the team did in April, COVID-19 Financial Remedies: Force Majeure, Business Interruption Insurance Coverage and Contractual Provisions, which is available here: https://www.kelleydrye.com/News-Events/Events/Seminars/COVID-19-Financial-Remedies-Force-Majeure,-Busines2020-06-1824 minKelley Drye Legal DownloadCOVID-19 Financial Remedies, Part 1: Contract Responsibilities and LitigationKelley Drye partners Matthew Luzadder and Neil Merkl and special counsel Cameron Argetsinger discuss practical advice for companies assessing claims of "force majeure" and litigation for COVID-19 related business losses.
This podcast and its companion episode covering insurance issues related to force majeure and insurance claims related to COVID-19 are updates to the webinar the team did in April, COVID-19 Financial Remedies: Force Majeure, Business Interruption Insurance Coverage and Contractual Provisions, which is available here: https://www.kelleydrye.com/News-Events/Events/Seminars/COVID-19-Financial-Remedies-Force-Majeure,-Busines2020-06-1825 minKelley Drye Legal DownloadCOVID-19: Back to WorkThe coronavirus threat will still be active when many employers begin to return their employees to the job. What will you do when employees refuse to return? When some have been sick but not diagnosed? When social distancing measures remain in place? When some parts of the country (or even your city) are “more open” than others? What should employers do to prepare?
In the latest episode of Kelley Drye's Legal Download podcast, Labor and Employment practice group co-chair Barbara Hoey talks through some of the snares of legal, logistical and practical considerations as the nation returns to work.
If you...2020-05-0112 minKelley Drye Legal DownloadCOVID-19: What Employers Need to Know NowEmployers are in uncharted territory with the COVID-19 pandemic, which has created complicated employment issues that continue to evolve by the hour. Kelley Drye’s Labor and Employment co-chair Mark Konkel shares practical advice for employers looking to keep employees SAFE and CALM, while also keeping their BUSINESS FUNCTIONING.
Visit Kelley Drye's COVID-19 Response Resource Center at www.kelleydrye.com/Our-Practices/Hot-Topics/COVID-19-Response-Resource-Center
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Follow Mark and the rest of the Labor and Employment team through their blog, Labor Days, at www.labordaysblog.com2020-03-2524 minKelley Drye Legal DownloadWhat You Need to Know About California's Proposition 65 LawFollowing on a running theme of the Kelley Green Law Blog (https://www.kelleygreenlawblog.com/) and an article from 2019 (www.snipsmag.com/articles/93790-w…oposition-65-law), Special Counsel Joe Green explains what you need to know about California's Proposition 65 and some of the nuances that make “Prop 65” one of the more popular topics – and frustrating regulatory programs – that businesses confront.2020-01-2812 minKelley Drye Legal DownloadThe Hot Button Issues to Consider When Running a Texting Campaign (Texting 101)Partner Alysa Hutnik gives a 101 level discussion on the issues involved in texting campaigns so you don't get sued in a TCPA cause of action.
Telemarketing campaigns are covered by the FTC's Telemarketing Sales Rule, the Telephone Consumer Protection Act (TCPA), and every state’s telemarketing laws. It is not an area to dabble in. Dip your toe in and you might get sued.
For continued coverage of telemarketing/TCPA issues, and other privacy and advertising issues, please visit and subscribe to our blog, Ad Law Access, at www.adlawaccess.com, our Advertising and Privacy Law Resource center at https://ww...2019-12-1111 minKelley Drye Legal DownloadIntroducing the Kelley Drye Legal DownloadFor this first episode, Chief Marketing Officer Kate Stoddard sits down with Kelley Drye Chair Jim Carr to discuss the firm, announce Dana Rosenfeld as the Managing Partner Elect, and kick off this new podcast series.2019-12-0912 min
The JabotDana Rosenfeld was recently announced as Kelley Drye’s Managing Partner, beginning in January 2020Dana Rosenfeld is a Managing Partner at Kelley Drye Advertising Law. She is a member of the firm’s Executive Committee and past chair of the firm’s Privacy and Information Security practice. In the area of privacy and data security, Dana assists clients in complying with state and federal privacy and information security laws, as well as advice on best practices and self-regulatory programs. Furthermore, Dana advises major consumer financial services companies and service providers in connection with FTC and CFPB investigations involving marketing and billing practices, debt collection and data security. Enjoy this episode! Episo...2019-12-0628 min
LexisNexis® Bankruptcy Law Community PodcastLexisNexis® Bankruptcy Law Community Podcast featuring Ben Feder of Kelley Drye & Warren LLP on the Madoff Trustee's Lawsuit Against the Owners of the New York MetsOn this edition, Benjamin D. Feder of Kelley Drye & Warren LLP discusses the background of the lawsuit filed by Irving Picard, trustee of Bernard L. Madoff Investment Securities LLC, against the Wilpon Group, owner of the New York Mets. Mr. Feder explains the issues involved in the lawsuit and the bankruptcy judge's appointment, on his own initiative, of former New York Governor Mario Cuomo as a mediator. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.2011-03-0119 min
Government Information Security PodcastPrivacy and the Law: Alysa Hutnik of Kelley DryeLegal Insights on Data Privacy Trends and Breach Response
Your organization has been breached - how should you immediately respond? How should you not respond?
Alysa Hutnik, attorney with Kelley Drye in Washington, D.C., specializes in information security and privacy, counseling clients on what to do after a security breach. In an exclusive interview, Hutnik discusses:
Do's and don'ts following a data breach;
Privacy legislation trends for 2010;
What organizations can do today to prevent privacy/security challenges tomorrow.
Hutnik is an Associate with Kelley Drye whose practice includes representing clients in all forms of consumer...2009-09-1100 min
Healthcare Information Security PodcastPrivacy and the Law: Alysa Hutnik of Kelley DryeLegal Insights on Data Privacy Trends and Breach Response
Your organization has been breached - how should you immediately respond? How should you not respond?
Alysa Hutnik, attorney with Kelley Drye in Washington, D.C., specializes in information security and privacy, counseling clients on what to do after a security breach. In an exclusive interview, Hutnik discusses:
Do's and don'ts following a data breach;
Privacy legislation trends for 2010;
What organizations can do today to prevent privacy/security challenges tomorrow.
Hutnik is an Associate with Kelley Drye whose practice includes representing clients in all forms of consumer...2009-09-1100 min
Careers Information Security PodcastPrivacy and the Law: Alysa Hutnik of Kelley DryeLegal Insights on Data Privacy Trends and Breach Response
Your organization has been breached - how should you immediately respond? How should you not respond?
Alysa Hutnik, attorney with Kelley Drye in Washington, D.C., specializes in information security and privacy, counseling clients on what to do after a security breach. In an exclusive interview, Hutnik discusses:
Do's and don'ts following a data breach;
Privacy legislation trends for 2010;
What organizations can do today to prevent privacy/security challenges tomorrow.
Hutnik is an Associate with Kelley Drye whose practice includes representing clients in all forms of consumer...2009-09-1100 min
Credit Union Information Security PodcastPrivacy and the Law: Alysa Hutnik of Kelley DryeLegal Insights on Data Privacy Trends and Breach Response
Your organization has been breached - how should you immediately respond? How should you not respond?
Alysa Hutnik, attorney with Kelley Drye in Washington, D.C., specializes in information security and privacy, counseling clients on what to do after a security breach. In an exclusive interview, Hutnik discusses:
Do's and don'ts following a data breach;
Privacy legislation trends for 2010;
What organizations can do today to prevent privacy/security challenges tomorrow.
Hutnik is an Associate with Kelley Drye whose practice includes representing clients in all forms of consumer...2009-09-1100 min
Banking Information Security PodcastPrivacy and the Law: Alysa Hutnik of Kelley DryeLegal Insights on Data Privacy Trends and Breach Response
Your organization has been breached - how should you immediately respond? How should you not respond?
Alysa Hutnik, attorney with Kelley Drye in Washington, D.C., specializes in information security and privacy, counseling clients on what to do after a security breach. In an exclusive interview, Hutnik discusses:
Do's and don'ts following a data breach;
Privacy legislation trends for 2010;
What organizations can do today to prevent privacy/security challenges tomorrow.
Hutnik is an Associate with Kelley Drye whose practice includes representing clients in all forms of consumer...2009-09-1100 min