Kelley Drye & Warren LLP (JD Supra United States)

2699 results for Kelley Drye & Warren LLP (JD Supra United States)

  • CPRA Update: CalPPA Gets Started with Inaugural Meeting and Agenda

    Just a few months after California officials announced the nominations of the inaugural Board members of the California Privacy Protection Agency (“CalPPA”), the CalPPA released the agenda for its first board meeting on June 14, 2021. The meeting will be held remotely in accordance with California Executive Order N-29-20, but the public may still participate via videoconference or telephone.

  • FDA Considers Petition to Ban PFAS Food Uses, As Companies Move Toward Phase-Out

    A coalition of environmental, food safety, and consumer health advocacy groups petitioned the U.S. Food and Drug Administration (FDA) yesterday to ban per- and poly-fluoroalkyl substances (PFAS) from food contact uses, and to “take aggressive action to protect consumers from all PFCs [per- and poly-fluorinated compounds].”

  • CBD and Hemp Legal and Regulatory Roundup – June 2021 #2

    Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD - Charlotte’s Web wants CBD products label class paused pending legislation - Charlotte’s Web told a federal judge that Rasunae Moqeet’s proposed class action over the company’s product labels should remain on pause following the introduction of a bill that, if passed, would provide federal guidance...

  • New Executive Order Targets Investments in Chinese Surveillance and Military Companies

    Today, President Biden issued an Executive Order expanding U.S. restrictions on dealings in the publicly traded securities of Chinese companies. Today’s move amends Executive Order 13959 to prohibit U.S. persons from buying or selling the publicly traded securities of listed companies operating in (1) the surveillance technology sector or (2) the defense and related material sector of the...

  • Food Industry Regulatory and Litigation Highlights – April and May 2021

    Welcome to our April + May combined report on food litigation, regulatory trends and events. We have a lot to report in the food world, with a number of litigation currents starting to form, and some new waves building. Let’s see what happened….

  • EPA Expands List of PFAS Subject to TRI Reporting

    The U.S. Environmental Protection Agency (EPA) is adding three per-/poly-fluoroalkyl substances (PFAS) to the list of substances reportable under the agency’s Toxic Release Inventory (TRI) reporting program. Consistent with a recently leaked document highlighting priorities of the Office of Pollution Prevention and Toxics (OPPT), the agency announced earlier today (June 3) the addition of...

  • OFAC Targets Corruption In Bulgaria With Designation of Influential Individuals and Companies

    Yesterday, the Office of Foreign Assets Control (“OFAC”) announced sanctions against three prominent Bulgarian individuals and 64 related companies for corruption. The designations are the largest action in the history of Executive Order 13818, which implements the Global Magnitsky Human Rights Accountability Act and authorizes sanctions on parties that engage in significant corruption or human...

  • The EEOC’s Latest Guidance on COVID Vaccine

    Employers have been waiting for some definitive guidance from the EEOC on the issue of vaccines in the workplace – and here it is! On May 28, the EEOC updated its Technical Assistance Guidance and has now stated with certainty that employers CAN indeed require employees to be vaccinated before coming in to the office or workplace.

  • Biden Administration Releases Treasury Green Book, Providing Detailed Explanation of Tax Proposals

    The Biden administration (the “Administration”) last week released the “General Explanations of the Administration’s Fiscal Year 2022 Revenue Proposals,” commonly called the Treasury Department’s “Green Book.” The Green Book provides more details regarding the Administration’s tax proposals. This Client Advisory describes some of these proposals.

  • Energy and Commerce Committee Democrats Advance 13(b) Reform Legislation through Subcommittee

    On May 27, the House Energy and Commerce Committee’s Subcommittee on Consumer Protection and Commerce advanced by voice vote H.R. 2668, legislation to clarify the Federal Trade Commission’s authority under Section 13(b) of the Federal Trade Act, just five weeks after the Supreme Court gutted that authority in AMG Capital Management, LLC v. FTC. The subcommittee vote followed hours of political...

  • CPRA Update: What is a “Contractor?”

    The California Privacy Rights Act (CPRA), effective January 1, 2023, adds “contractors” to the list of entities that a business may entrust with customer data. So what is a “contractor?” And how are “contractors” different from other entities described by California privacy law, such as “service providers” or “third parties?”

  • Making the Workplace a Safer Place: A Job for New York’s HERO Act

    As employees who have worked remotely for months begin to slowly return to their offices, more guidance is emerging as to what their employers can and should do to keep them safe. Just this weekend, the EEOC came out with long-awaited guidance stating that employers may require those who come to the workplace to be vaccinated, which we will cover in a separate post.

  • CBD and Hemp Legal and Regulatory Roundup – May 2021 #3

    Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD - U.S. lawmakers propose updating CBD regulations - Under the Hemp Access and Consumer Safety Act introduced by Sens. Ron Wyden (D-Ore.), Jeff Merkley (D-Ore.) and Rand Paul (R-Ky.), consumable products containing hemp-derived CBD would be regulated the same as other food ingredients and dietary...

  • The New NLRB: Protecting Workers from Their Own Employers?

    During the Trump years, the National Labor Relations Board (meaning, the actual five-member Board in Washington, whose decisions drive interpretations of federal labor law) got a lot less friendly to organized labor, and a lot friendlier to employers. That meant a lot of things, including making it easier for unions to prove that two employers were really a one “joint” employer, harder for...

  • Florida Takes Page Out of TCPA’s Book with New Legislation

    The Florida legislature recently passed CS/SB 1120 updating and significantly expanding the state’s existing telemarketing laws, the Florida Telemarketing Act and the Florida Do Not Call Act. Many of the new provisions are similar to the TCPA, including, most importantly, adding a private cause of action for any violations of the Florida Do Not Call Act and requiring prior express written consent

  • Post-AMG Scorecard: The FTC is Required to Pay Receiver’s fees in Cardiff

    Last Month, in AMG Capital Management, LLC v. FTC, the Supreme Court ruled that Section 13(b) of the FTC Act does not allow for monetary remedies. While the importance of this ruling is plain, its implications are only now becoming more clear. Just yesterday, for example, in FTC v. Cardiff, a California federal court found the FTC liable to pay all of the Receiver’s fees from the date of the...

  • Seventh Circuit Reminds Insurance Policyholders to Shop Carefully for TCPA Coverage

    Last week, the Seventh Circuit reminded advertisers of the narrowing availability of insurance coverage for Telephone Consumer Protection Act (TCPA) claims. In Mesa Laboratories v. Federal Insurance Co., the court rejected a fax marketer’s bid to make its insurer pay for its defense and settlement of an underlying unsolicited fax lawsuit. This decision underscores the insurance industry’s...

  • EPA Considering Expanded TSCA CDR and TRI Reporting Requirements, Environmental Justice Analyses

    The new 2021-2023 strategic plan of the U.S. EPA’s Office of Pollution Prevention and Toxics (OPPT) floats a series of potential expanded reporting requirements under the agency’s Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) and Environmental Protection and Community Right-to-Know Act (EPCRA) Toxic Release Inventory (TRI) programs.

  • Acting Chair Rebecca Slaughter and Chamber of Commerce Spar Over a New 13(b)

    Recently, the U.S. Chamber of Commerce published a letter to the Committee on Commerce, Science, and Transportation, the Congressional Committee currently working on draft language for a new Section 13(b) of the FTC Act. The Chamber’s letter cautions Congress to ensure that any new statutory language not give the FTC too much authority, effectively providing more than what the Supreme Court took...

  • Smart (CA) TVs Are Listening: California Assembly Passes Voice Recognition Device Bill Headed to Senate

    The California Assembly recently passed AB-1262 updating an existing law to further limit the use of personal information collected through connected TVs and smart speaker devices.

  • Privacy Litigation Trend: The Latest on Session Replay Lawsuits, and Practical Considerations for Risk Mitigation

    Over the last few months, a wave of consumers have filed putative class action complaints against a long list of consumer-facing website owners/operators and their software providers alleging invasion of privacy rights under statutes focused on wiretapping and eavesdropping.

  • Fashion Sustainability Claims Can’t Shake Scrutiny

    With Earth Day in April, it’s not a surprise that sustainability claims in the clothing industry have been in the limelight this spring. Actions in both the U.S. and overseas are a reminder to fashion retailers of the importance of substantiating sustainability claims.

  • CBD and Hemp Legal and Regulatory Roundup – May 2021 #2

    Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD - Just Brands loses bid to pause false ad suit over amount of CBD in products - U.S. District Judge Otis D. Wright II dismissed a proposed class action alleging Just Brands and other CBD companies overstate the amount of the popular cannabinoid in their products, but gave the consumer another chance to

  • New York State Enacts Elective Pass-through Entity Tax as a SALT Deduction Limitation Workaround

    In April 2021, New York State enacted legislation providing for a new elective pass-through entity (PTE) tax on partnerships and Subchapter S corporations. The 2017 Tax Cuts and Jobs Act generally limits an individual’s deduction of state and local taxes to $10,000 per year (the “SALT Deduction Limitation”).

  • FCC’s May Open Meeting Addresses Prison Phone Rates, Video Relay Service Rates, Robocall Restrictions, and Mixed Universal Service Fund Support Transaction Conditions

    The FCC Open Meeting, scheduled for May 20, 2021 and led by Acting Chairwoman Jessica Rosenworcel, includes four agenda items and two enforcement actions. First, the FCC will consider a Third Report and Order, Order on Reconsideration, and Fifth Further Notice of Proposed Rulemaking (“FNPRM”) that will lower interstate rates and charges, limit international rates, and seek comment on further...

  • Court To Decide If Insurance Covers Biometric Data Claims in BIPA Dispute

    The Illinois Biometric Information Privacy Act (BIPA), has become increasingly popular with the plaintiffs’ bar. BIPA provides a private right of action to recover potentially astronomical damages for inadvertent use or disclosure of biometric data like fingerprints, face scans, or voiceprints by businesses. Fortunately, there may be some help from your insurance policy.

  • USITC Finalizes Modifications to Harmonized Tariff Schedule – Changes Will Impact Classification of Over 350 Products

    The United States International Trade Commission (“USITC”) has finalized recommended modifications to the Harmonized Tariff Schedule of the United States (“HTSUS”). The revisions, which are set to go into effect on January 1, 2022, conform the HTSUS with World Customs Organization (“WCO”) amendments to the Harmonized System commodity codes. A detailed report of all changes is available here at...

  • FTC Nominee Lina Khan Sails through Committee with Bipartisan Support While Chopra Awaits Senate Vote for CFPB Director

    The Senate Commerce Committee today voted overwhelmingly to move forward with Lina Khan’s nomination as FTC Commissioner, signaling that Khan is likely to ultimately be confirmed as the youngest Commissioner ever at 32. As we previously discussed here, Khan is primarily known as an antitrust scholar advocating for more exacting scrutiny of big tech companies.

  • FTC and Right to Repair

    Companies watching the “right to repair” legislation proposed in some states should not lose sight of the federal landscape. Last week the FTC released a bipartisan report concluding that there is “scant evidence to support manufacturers’ justifications for repair restrictions.” This will likely add momentum to groups pushing for legislation requiring companies, particularly electronics...

  • FCC Meets Statutory Deadline, Adopts Report and Order Establishing Emergency Connectivity Fund Program Rules

    On May 10, 2021, the FCC unanimously adopted final rules in a Report and Order to implement the $7.17 billion Emergency Connectivity Fund Program (“ECF Program”). The ECF Program is a fund that enables “schools and libraries to purchase laptop and tablet computers, Wi-Fi hotspots, and broadband connectivity for students, school staff, and library patrons in need during the COVID-19 pandemic.” The

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