Kelley Drye & Warren LLP

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3 World Trade Center
175 Greenwich Street
New York, NY 10007, United States
Phone: (212) 808-7800
Fax: (212) 808-7897
Areas Of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • California
  • Connecticut
  • D.C.
  • Florida
  • Illinois
  • New Jersey
  • New York
Other Countries
  • Belgium
Number of Attorneys
200+ Attorneys

COVID-19: Small Business Bankruptcy Relief

Last week, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law, implementing broad relief for individuals and businesses affected by COVID-19. One of the sections of the CARES Act receiving less…more

CARES Act, Coronavirus/COVID-19, Infectious Diseases, Small Business, Small Business Reorganization Act of 2019 (SBRA)

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Washington State Poised to Launch Artificial Intelligence Task Force

As we have previously reported, state attorneys general (AGs) have great interest in artificial intelligence (AI) and we do not see this stopping anytime soon. This time, our focus is on a bipartisan legislative proposal from…more

Artificial Intelligence, Innovative Technology, Machine Learning, Technology Sector

See all updates »

Summary of the Pallone-Thune TRACED Act - Passed the House of Representatives (12/4) and the U.S. Senate (12/19) Signed by President Trump (12/31)

The Pallone-Thune TRACED Act, S. 151, is bipartisan legislation designed to focus on telemarketers who make unlawful robocalls to consumers. “Robocalling” – a term which sometimes lumps unlawful practices with lawful but…more

Auto-Dialed Calls, FCC, Robocalling, TCPA, Telecommunications

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Expanded IRS Determination Letter Program for 403(b) Plans

The Internal Revenue Service (IRS) has begun accepting determination letter applications for individually designed 403(b) plans. An individually designed 403(b) plan is generally one that is not maintained through a prototype or…more

403(b) Plans, Employee Benefits, IRS, Retirement Plan

See all updates »

EPA Proposes First National Drinking Water Standard for PFAS

The United States Environmental Protection Agency (EPA) today released proposed national drinking water standards for six per- and polyfluoroalkyl substances (PFAS) pursuant to the federal Safe Drinking Water Act (SDWA)—a key…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Expanded IRS Determination Letter Program for 403(b) Plans

The Internal Revenue Service (IRS) has begun accepting determination letter applications for individually designed 403(b) plans. An individually designed 403(b) plan is generally one that is not maintained through a prototype or…more

403(b) Plans, Employee Benefits, IRS, Retirement Plan

See all updates »

Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

DEA Publishes Long Awaited Proposed Rules for Grower Licenses

In an important step intended to expand marijuana research, the Drug Enforcement Administration (DEA) unveiled a long-awaited rule proposal last week that would permit the agency to issue additional growing licenses for…more

DEA, Marijuana, Marijuana Cultivation, Marijuana Related Businesses

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Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

“Vanilla Vigilante” Spencer Sheehan Grounded After Targeting Starbucks

Over the past several years, the number of consumer class actions involving product labels has significantly increased. The claims, primarily targeting food and clothing manufacturers, typically allege products are mislabeled or…more

Class Action, Food Manufacturers, Product Labels, Starbucks

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U.S. increases tariffs on European aircraft: EU response a litmus test for transatlantic trade relations

Last Friday the United States Trade Representative (USTR) ramped up its tariffs on European aircraft, increasing the duty from 10% to 15%, effective March 18. It also announced it would make minor modifications to 25% tariffs…more

EU, Imports, Tariffs, Trade Relations, US Trade Policies

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Vaccinating the Unvaccinated: Employers Take Heed

Do you have 100 or more employees? Are you a federal government contractor? A healthcare provider? A large entertainment venue? If the answer to any of these questions is yes—and as you’ve already probably heard—President Biden…more

Biden Administration, Coronavirus/COVID-19, Employer Mandates, Federal Contractors, Federal Employees

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Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

CCPA Litigation Update: How the CCPA (and other Privacy Risks) Raise the Risk of Potential Shareholder Claims

California became the first U.S. state with a comprehensive consumer privacy law when the California Consumer Privacy Act (“CCPA”) became operative on January 1, 2020. The CCPA provides for broad privacy rights for residents of…more

California Consumer Privacy Act (CCPA), Cybersecurity, Data Privacy, Data Protection, General Data Protection Regulation (GDPR)

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Double Duty for Chicago Employers: NEW 2024 Compliance Burden Related to Paid Leave Ordinances

Starting January 1, 2024, nearly all workers in the state of Illinois are guaranteed at least one week of paid leave under the Illinois Paid Leave for All Workers Act. However, eligibility isn’t guaranteed, and there are some…more

Employee Benefits, Employer Liability Issues, Local Ordinance, Paid Leave, Paid Time Off (PTO)

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The Impact of PDR Network LLC v. Carlton & Harris Chiropractic

Are district courts prohibited in every instance from considering challenges to the Federal Communication Commission (“FCC”)’s interpretation of certain provisions in the Telephone Consumer Protection Act – or can district…more

Administrative Orders, Administrative Procedure, Appellate Courts, Binding Precedent, Dismissals

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REMINDER: Responses of All International Section 214 Holders to the Commission’s Mandatory Ownership Information Collection Are Due by January 22, 2024.

In our postings last month, we shared the news that the deadline for responses to the Federal Communications Commission (“FCC”) mandatory ownership information collection (“Information Collection”) applicable to all holders of…more

Data Collection, FCC, Filing Deadlines, Filing Requirements, Telecommunications

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CBP Posts Interim Instructions for USMCA Implementation

On Monday, April 20, 2020, U.S. Customs and Border Protection (CBP) issued interim instructions for implementation of the U.S.-Mexico-Canada Agreement (USMCA).* The instructions provide guidance regarding preferential tariff…more

Customs and Border Protection, NAFTA, United States-Mexico-Canada Agreement (USMCA), US Trade Policies

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Health Data Privacy: What We’re Hearing

U.S. privacy developments are moving quickly, but health data privacy is racing forward. Companies that come into contact with consumers’ health data need to track and respond to a variety of developments. Most notably, these…more

Cybersecurity, Data Privacy, Data Protection, Data Security, PHI

See all updates »

New Study Finds Widespread PFAS Contamination in Freshwater Fish, Implications to Loss of Use and Natural Resource Damages Claims

A new study conducted by the Environmental Working Group (EWG) and released on January 17, 2023, found that fish consumption across the United States is a significant source of PFAS exposure, especially in communities that…more

Contamination, Environmental Justice, Natural Resources, PFAS

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Unauthorized Blockchain Domain Names: What's a Brand to Do?

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…more

Blockchain, Brand, Cybersquatting, Domain Names, ICANN

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A New “Global Forum” to Address Global Steel Overcapacity

Earlier this month, leaders at the G-20 Summit in Hangzhou, China announced the need for a “collective response” to the problem of global steel overcapacity. To that end, the G-20 members agreed to the creation of a Global…more

China, OECD, Steel Industry

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Landlords Without Borders: Challenges in Canadian/U.S. Cross-Border Retail Restructurings

As with its neighbor to the south, Canada faced an influx of retail insolvencies during the midst of the COVID-19 pandemic. For example, in 2020, Canadian-based clothing retailers such as the Aldo Group and Groupe Dynamite filed…more

Bankruptcy Code, Chapter 15, Commercial Bankruptcy, Cross-Border, Foreign Bankruptcies

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Court Holds that Website Accessibility Doesn’t Require 100% Compliance

If you’ve ever received a demand letter alleging that your company’s website isn’t accessible to the blind or visually-impaired, it’s likely that the claimant’s attorney attached a report outlining a number of accessibility…more

Americans with Disabilities Act (ADA), Web Content Accessibility Guidelines (WCAG), Website Accessibility, Website Owner Liability, Websites

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COVID-19 Relief Triggers ERISA Participant Notice Requirements

In response to the COVID-19 outbreak, Congress, the Department of Labor (“DOL”) and the Internal Revenue Service (“IRS”) have each offered temporary relief from certain legal requirements applicable to employee benefit plans…more

Coronavirus/COVID-19, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), IRS

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Impact of Dobbs Decision on Employee Benefits

On June 24, 2022, the U.S. Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and holding that there is no constitutionally protected right to abortion. While the Dobbs…more

Abortion, Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employer Group Health Plans, Health Insurance

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Washington State Poised to Launch Artificial Intelligence Task Force

As we have previously reported, state attorneys general (AGs) have great interest in artificial intelligence (AI) and we do not see this stopping anytime soon. This time, our focus is on a bipartisan legislative proposal from…more

Artificial Intelligence, Innovative Technology, Machine Learning, Technology Sector

See all updates »

The FTC is Not the Only One Tracking Your Use of Health Information

The FTC has made news recently with its recent enforcement activity regarding companies’ alleged disclosures of consumer health data, as detailed in our recent post FTC to Advertisers: We’re tracking Your Use of Health…more

Data Privacy, Data Security, Federal Trade Commission (FTC), Health Insurance Portability and Accountability Act (HIPAA), Information Security

See all updates »

Justice Department Files Appeal in CTA Enforceability Case

As discussed in our previous client advisory, earlier this month, the U.S. District Court for the Northern District of Alabama entered a final declaratory judgment concluding that the Corporate Transparency Act (“CTA” or the…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Reporting Requirements

See all updates »

Reminder: Federal Communications Commission – April/May Filings

Each month, Kelley Drye’s Communications Group offers this reminder of upcoming filing deadlines that may affect our clients…more

FCC, Filing Deadlines, Filing Requirements, Telecommunications, USAC

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Proposed German Regulations To Require Additional Security Measures for Telecom Carriers

Editor’s note: CommLaw Monitor primarily addresses developments in communications and technologies in the United States. We provide this special update regarding new regulations in Germany for the benefit of U.S. and foreign…more

Germany, Telecommunications

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Supreme Court Rules That Offer of Judgment Does Not Moot Class Action Lawsuit

On January 20, 2016 in Campbell-Ewald Company v. Jose Gomez, 577 U.S. – (2016), Case No. 14-857, the Supreme Court resolved a prior split of authority among the Courts of Appeals as to whether an unaccepted Rule 68 Offer of…more

Campbell Ewald v Gomez, Class Action, Class Representatives, Injunctions, Mootness

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Trade Cheats Evading AD\CVD Duties Beware – Recent Developments at Customs and the GAO

AD/CV duty evasion has increased significantly in recent years, with Customs and Border Protection (“CBP”) having failed to collect $2.3 billion in such duties since 2000.[1] Examples of evasion include misrepresentation of the…more

Anti-Dumping Duty, Countervailing Duties, Customs and Border Protection, GAO

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Senate Confirms New FTC Commissioners Holyoak and Ferguson; Reconfirms Slaughter

After nearly a year without a Republican Commissioner after Christine Wilson’s resignation, the FTC will again have a full slate of five Commissioners – with two new Republican Commissioners in Melissa Holyoak and Andrew…more

Advertising, Federal Trade Commission (FTC), FTC Commissioners, Marketing

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U.S. Expands Sanctions on Belarus

Yesterday, the U.S. Office of Foreign Assets Control (OFAC) sanctioned several Belarusian individuals and entities, including the State Security Committee of the Republic of Belarus (the Belarusian KGB), in response to the…more

Belarus, Belarus Sanctions, Blocked Person, Economic Sanctions, General Licenses

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EPA’s 2024 - 2027 Enforcement Priorities Officially Take Effect

Members of the regulated community this year should remain particularly vigilant for heightened enforcement and compliance activity from the U.S. Environmental Protection Agency (EPA or the Agency) and delegated state…more

Climate Change, Environmental Justice, Environmental Policies, Environmental Protection Agency (EPA)

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Reminder: Federal Communications Commission – April/May Filings

Each month, Kelley Drye’s Communications Group offers this reminder of upcoming filing deadlines that may affect our clients…more

FCC, Filing Deadlines, Filing Requirements, Telecommunications, USAC

See all updates »

Ghirardelli Defeats White Baking Chips False Advertising Claims Premised On Faulty Survey Evidence

Last month, a California court, for a second time, dismissed a class action complaint asserting that Ghirardelli’s advertising for its “Classic White” “Premium Baking Chips” created the false impression that the product…more

Advertising, CLRA, False Advertising, Unfair Competition Law (UCL)

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The CDC Will Extend its Eviction Moratorium through the End of June, Despite Mixed Reception in the Federal Courts

The COVID-19 pandemic has fueled fears about mounting evictions, prompting the federal government, as well as many states, cities, and counties, to minimize the impact of the crisis on tenants, including by placing moratoria on…more

CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Financial Distress

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COVID-19: “Avoiding” Harm to Corporate Good Samaritans

The impact of COVID-19 is being felt at all levels of the economy and will work its way through bankruptcy courts for years to come. In these early days, many creditors who are themselves suffering are providing assistance to…more

Avoidance, Commercial Bankruptcy, Coronavirus/COVID-19, Creditors

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China Select Committee Calls for Expansion of UFLPA Entity List To Include Companies Outside China; Other Enforcement Enhancements

On January 19, 2024, the Select Committee on the Chinese Communist Party (“China Select Committee”) published a letter to Department of Homeland Security Secretary Alejandro Mayorkas calling for strengthened enforcement of the…more

China, Customs and Border Protection, Entity List, Forced Labor, Uyghur Forced Labor Prevention Act (UFLPA)

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Insurance Coverage for Opioid Litigation Costs

Pharmaceutical companies at risk of opioid-related litigation should consider whether they are covered by their insurance policy. Liability insurance coverage may be available for defense costs under Comprehensive General…more

Insurance Industry, Opioid, Pharmaceutical Industry, Prescription Drugs

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FTC Revises Hart-Scott-Rodino Thresholds for 2023

On January 23, 2023, the Federal Trade Commission announced revised notification thresholds pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. The HSR Act requires parties to file notification with…more

Acquisitions, Federal Trade Commission (FTC), Filing Fees, Hart-Scott-Rodino Act, Mergers

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Too Close for Comfort? LATAM Judge Upholds $1.3 Billion in Intercompany Loans

A decision earlier this year in the LATAM Airlines Group bankruptcy addressed the validity of claims arising from intercompany loans between a corporate debtor’s affiliates. Judge James L. Garrity’s opinion overruling…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors, Debtors

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Proposed New York Restrictions on Food and Beverage Advertising Threaten to Open Litigation Floodgates

On March 12, the New York State Senate voted to include food and beverage advertising restrictions in its proposed budget, NY S8308-B. These restrictions were originally introduced as NY S213-B, which characterizes advertising…more

Advertising, Marketing, Social Media, Unfair or Deceptive Trade Practices

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Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

China Select Committee Calls for Expansion of UFLPA Entity List To Include Companies Outside China; Other Enforcement Enhancements

On January 19, 2024, the Select Committee on the Chinese Communist Party (“China Select Committee”) published a letter to Department of Homeland Security Secretary Alejandro Mayorkas calling for strengthened enforcement of the…more

China, Customs and Border Protection, Entity List, Forced Labor, Uyghur Forced Labor Prevention Act (UFLPA)

See all updates »

Commerce Initiates Rulemaking Targeting Foreign-Manufactured Technology Used In Connected Vehicles

On Thursday, February 29th, 2024, the Department of Commerce (“the Department”) announced an advance notice of proposed rulemaking (“ANPRM”), seeking public comments regarding new potential regulations to ​“secure and safeguard…more

Automotive Industry, Connected Cars, Technology Sector, U.S. Commerce Department

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EEOC's Proposed Enforcement Guidance on Harassment in the Workplace

The Equal Employment Opportunity Commission (“EEOC”) has published draft enforcement guidance regarding workplace harassment entitled ​“Proposed Enforcement Guidance on Harassment in the Workplace.” If made final, this would be…more

Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Harassment, Title VII

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U.S. Fish & Wildlife Service Suspends Commercial Trade from Mexico in All CITES-Regulated Products

On March 27, 2023, the United States Fish & Wildlife Service (USFWS) suspended trade in all trans-border shipments from Mexico that contain specimens managed under the Convention on International Trade in Endangered Species of…more

Conservation, Endangered Species, Environmental Policies, Mexico, US Fish and Wildlife Service

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Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

U.S. Fish & Wildlife Service Suspends Commercial Trade from Mexico in All CITES-Regulated Products

On March 27, 2023, the United States Fish & Wildlife Service (USFWS) suspended trade in all trans-border shipments from Mexico that contain specimens managed under the Convention on International Trade in Endangered Species of…more

Conservation, Endangered Species, Environmental Policies, Mexico, US Fish and Wildlife Service

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IRS Withdraws Controversial Pronouncement on “Bad Boy” Guarantees

In a client advisory dated February 25, 2016, we described a legal memorandum released by the Office of Chief Counsel of the Internal Revenue Service (the “Memorandum”) which took the position that a typical “carve-out” or “bad…more

Bad Boy Liability, IRS, Limited Liability Company (LLC), Partnerships, Real Estate Investments

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Recent Measures in the District of Columbia Negatively Impact Opportunity Zone Investment Returns

The District of Columbia is implementing certain new regulations and has also enacted new legislation that will likely result in a reduction in expected investment returns and create overly burdensome government oversight that…more

Capital Gains, Investment Funds, Opportunity Zones, Qualified Opportunity Funds, Real Estate Investments

See all updates »

Is the 2nd Circuit’s Pfizer Decision Enough to Rescue DEI Initiatives?

We have previously discussed the impact of the Supreme Court’s June 2023 decision in Students for Fair Admissions, Inc. v. President and Fellow of Harvard College (SFFA) on diversity, equity and inclusion in the employment…more

Corporate Counsel, Diversity, Diversity and Inclusion Standards (D&I), Equal Employment Opportunity Commission (EEOC), Pfizer

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EPA Proposes Designating Two PFAS “Forever Chemicals” as CERCLA Hazardous Substances

On August 26, 2022, the U.S. Environmental Protection Agency (“EPA”) released its highly anticipated plan to categorize two per- and polyfluoroalkyl substances (“PFAS”) as “hazardous substances” subject to the Comprehensive…more

CERCLA, Contamination, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

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FTC Staff Doubles Down on Rejected Koscot Standard for Pyramiding Claims, Challenges DSSRC IDS Guidance

Over the past two years, we have seen FTC staff express its opinions on the state of the law in multiple ways. In December 2022, for example, staff issued its Health Products Compliance Guidance, intended to supersede the FTC’s…more

Advertising, Federal Trade Commission (FTC), FTC Act, Marketing

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Misguided:  The FTC Attempts to Redefine the Law with its Health Products Compliance Guidance

Yesterday, the FTC’s Bureau of Consumer Protection released its Health Products Compliance Guidance—a sweeping overhaul of the 1998 Guidance, Dietary Supplements: An Advertising Guide for Industry. Unlike the recently announced…more

Advertising, Dietary Supplements, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Health Claims

See all updates »

Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

EPA Finalizes First-Ever Facility Response Plan Requirements for “Worst-Case” Chemical Discharges to Water

Echoing recent revisions strengthening the Risk Management Program under the Clean Air Act, the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) on March 14, 2024 finalized a rule requiring certain facilities to…more

Chemicals, Clean Air Act, Clean Water Act, Environmental Protection Agency (EPA), Hazardous Substances

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The 2018 Midterms Election Results And Policy Implications

The results of Tuesday's election will bring sweeping changes to Washington, D.C. To help you evaluate these changes and understand their potential implications on your business practices, Kelley Drye's Government Relations &…more

Election Results, Federal Elections, Political Candidates, Political Parties, Popular

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Maryland State Bar Association Proposes an Overhaul to Maryland’s Business & Technology Courts

A Maryland State Bar Association task force has issued a comprehensive Report and Proposed Recommendations calling for sweeping changes to improve the effectiveness of the state’s Business & Technology Case Management Program…more

Business Court, State and Local Government, State Bar Associations

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Spotlight on Business Courts

The New York Commercial Division celebrated its 20th anniversary in 2015. In the last 20 years, we have watched the creation and development of business courts or commercial courts within state-trial-court civil systems. The…more

Business Court, Commercial Court, Judges

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Using Domestically Sourced Recycled Content? Look Beyond the Recycling Process before Claiming It’s “Made in USA”

We periodically stumble across older FTC investigations that have new relevance, and post about them as reminders. That happened recently as we get more questions about the use of recycled content and the desire to tout…more

Federal Trade Commission (FTC), Made in the USA, Manufacturers, Marketing

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Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

Spilling the Tea on Made in USA Claims

We regularly cover challenges to “Made in USA” claims, particularly by the FTC, but most of the time those cases don’t rely on consumer perception evidence about what the claim means. So the recent class certification in the…more

Country of Origin, False Advertising, Made in the USA, Product Labels

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[Webinar] Hot Market / Cold War: Is China Our Best Customer or Our Biggest Threat? - March 29th, 12:00 pm ET

Relations between the United States and China have been tumultuous over the last decade -especially in recent years - however, trade and investment ties remain robust between these two economic powers. In this one-hour webinar…more

Biden Administration, China, Foreign Investment, Foreign Relations, Multinationals

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Misguided:  The FTC Attempts to Redefine the Law with its Health Products Compliance Guidance

Yesterday, the FTC’s Bureau of Consumer Protection released its Health Products Compliance Guidance—a sweeping overhaul of the 1998 Guidance, Dietary Supplements: An Advertising Guide for Industry. Unlike the recently announced…more

Advertising, Dietary Supplements, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Health Claims

See all updates »

Bid Protests: A Buy American Enforcement Tool, At Least Sometimes

For nearly a century, “Buy American” provisions and similar laws have mandated or otherwise instituted purchasing preferences for U.S. materials and products when using federally-appropriated funds. Recently, these requirements…more

Bid Protests, Buy American Act, Federal Contractors

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Kids’ Privacy and Safety Redux: Amended KOSA and COPPA 2.0 Advance By Voice Vote

Humor is a funny thing. Ubiquitous, yet specific to each person. Capable of traversing borders and cultures and languages, yet highly dependent on context. Anyone can be humorous, but at some point, everyone will try and fail…more

COPPA, Cybersecurity, Data Collection, Data Privacy, Data Protection

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The Future of DEI and Reverse Discrimination Suits

The Legal Landscape - As we reviewed in earlier posts, the Supreme Court’s June 2023 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA) promised to be a game changer not just in…more

Civil Rights Act, Diversity, Diversity and Inclusion Standards (D&I), Employer Liability Issues, Equity

See all updates »

Recent Measures in the District of Columbia Negatively Impact Opportunity Zone Investment Returns

The District of Columbia is implementing certain new regulations and has also enacted new legislation that will likely result in a reduction in expected investment returns and create overly burdensome government oversight that…more

Capital Gains, Investment Funds, Opportunity Zones, Qualified Opportunity Funds, Real Estate Investments

See all updates »

EPA Extends RCRA ​“Hazardous Constituents” Proposal to Nine PFAS

On January 31, 2024, the United States Environmental Protection Agency (“EPA” or ​“the Agency”) issued a proposal to amend Resource Conservation and Recovery Act (“RCRA”) regulations to include nine specific per- and…more

Comment Period, Environmental Protection Agency (EPA), Hazardous Substances, Hazardous Waste, PFAS

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SEC Roll-Out of Climate Disclosure Rules Put On Hold Pending Ongoing Legal Challenges – What Does It Mean for SEC Filers?

Ending two years of anticipation over the final contours of its controversial foray into requiring a sweeping range of public company disclosures of business risks associated with climate change, the U.S. Securities and Exchange…more

Climate Change, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions, Securities and Exchange Commission (SEC)

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Justice Department Files Appeal in CTA Enforceability Case

As discussed in our previous client advisory, earlier this month, the U.S. District Court for the Northern District of Alabama entered a final declaratory judgment concluding that the Corporate Transparency Act (“CTA” or the…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Reporting Requirements

See all updates »

Health Data Privacy: What We’re Hearing

U.S. privacy developments are moving quickly, but health data privacy is racing forward. Companies that come into contact with consumers’ health data need to track and respond to a variety of developments. Most notably, these…more

Cybersecurity, Data Privacy, Data Protection, Data Security, PHI

See all updates »

SEC Releases Final Crowdfunding Rules

On October 30, 2015, the Securities and Exchange Commission (“SEC”) released its highly anticipated final rules regarding equity crowdfunding, which will permit companies to raise up to $1 million per year from investors on…more

Crowdfunding, Investors, JOBS Act, Offerings, Popular

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Federal Circuit’s NIKA Technologies Decision Reinforces Importance of Asking Questions in Debriefings for DoD Procurements

Pursuing a post-award bid protest at the Government Accountability Office (GAO) can provide protesters the benefit of the stay of performance under the Competition in Contracting Act (the CICA stay). To qualify, offerors must…more

CICA, Department of Defense (DOD), Federal Contractors, GAO

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EPA Proposes Changes to CWA Section 404 Tribal and State Assignment and Administration Regulations

For the first time in nearly 35 years, the U.S. Environmental Protection Agency (EPA or the Agency) has proposed to comprehensively revise regulations governing how Tribes and States assume responsibility over administration of…more

Clean Water Act, Environmental Protection Agency (EPA), Section 404, US Army Corps of Engineers, Waters of the United States

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Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

Five Recent Developments In Small Business Contracting Small and Large Government Contractors Should Know

While acquisition reform has garnered a great deal of attention in Congress and the Federal Executive Branch, small business contracting statutes and implementing regulations are significantly altering the federal acquisition…more

Federal Acquisition Regulations (FAR), Federal Contractors, Federal Supply Schedule (FSS), HUBZone, NDAA

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Bid Protests: A Buy American Enforcement Tool, At Least Sometimes

For nearly a century, “Buy American” provisions and similar laws have mandated or otherwise instituted purchasing preferences for U.S. materials and products when using federally-appropriated funds. Recently, these requirements…more

Bid Protests, Buy American Act, Federal Contractors

See all updates »

Expanded IRS Determination Letter Program for 403(b) Plans

The Internal Revenue Service (IRS) has begun accepting determination letter applications for individually designed 403(b) plans. An individually designed 403(b) plan is generally one that is not maintained through a prototype or…more

403(b) Plans, Employee Benefits, IRS, Retirement Plan

See all updates »

In an En Banc Decision, the Fourth Circuit Clarifies the Appealability of Dismissals Without Prejudice - Britt v. DeJoy

In its en banc opinion last month, the United States Court of Appeals for the Fourth Circuit held that where a district court dismisses a case without prejudice but is silent about allowing leave to amend, the dismissal is…more

Appeals, Employer Liability Issues, Employment Discrimination, Employment Litigation, Retaliation

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Insurance Coverage for Opioid Litigation Costs

Pharmaceutical companies at risk of opioid-related litigation should consider whether they are covered by their insurance policy. Liability insurance coverage may be available for defense costs under Comprehensive General…more

Insurance Industry, Opioid, Pharmaceutical Industry, Prescription Drugs

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Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

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Reminder: Federal Communications Commission – April/May Filings

Each month, Kelley Drye’s Communications Group offers this reminder of upcoming filing deadlines that may affect our clients…more

FCC, Filing Deadlines, Filing Requirements, Telecommunications, USAC

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FLETF Adds Textile, Agriculture and Technology Companies to the UFLPA Entity List

On December 8, 2023, the Department of Homeland Security (“DHS”) announced the Forced Labor Enforcement Task Force is adding three new entities to the Uyghur Forced Labor Prevention Act (“UFLPA”) Entity List. The companies are…more

Forced Labor, Imports, Supply Chain, Uyghur Forced Labor Prevention Act (UFLPA)

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U.S. Government Accountability Office Agrees to Review 232 Tariff Exclusion Process

In response to Congressional concerns, the U.S. Government Accountability Office (“GAO”) has agreed to review the process by which the U.S. Department of Commerce (“Commerce”) has been processing steel and aluminum tariff…more

Aluminum Sales, GAO, Imports, Section 232, Steel Industry

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SEC Roll-Out of Climate Disclosure Rules Put On Hold Pending Ongoing Legal Challenges – What Does It Mean for SEC Filers?

Ending two years of anticipation over the final contours of its controversial foray into requiring a sweeping range of public company disclosures of business risks associated with climate change, the U.S. Securities and Exchange…more

Climate Change, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions, Securities and Exchange Commission (SEC)

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EEOC Releases Annual Performance Report for Fiscal Year 2023

It comes as no surprise that the EEOC’s enforcement activity, charge activity, and settlements have all increased under a Democratic administration. The EEOC’s recent Annual Performance Report paints that picture in numbers,…more

Corporate Counsel, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnancy Discrimination

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SEC Adopts Sweeping Pay for Performance Disclosure Requirements for Public Companies

On August 25, 2022, the Securities and Exchange Commission (SEC) adopted rules (the “Final Rules”), which require covered publicly traded companies to provide both tabular and narrative and/or graphical disclosure of the…more

Disclosure Requirements, Final Rules, Pay-for-Performance, Publicly-Traded Companies, Regulation S-K

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Unauthorized Blockchain Domain Names: What's a Brand to Do?

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…more

Blockchain, Brand, Cybersquatting, Domain Names, ICANN

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NY Requires Notice of Electronic Monitoring to Employees — Are You In Compliance?

As of May 7, 2022, new amendments to the New York Civil Rights Law (linked here) requiring New York employers to provide notice of electronic monitoring to employees went into effect. If your company has not already taken…more

Corporate Counsel, Electronic Monitoring, Employee Handbooks, Employee Monitoring, Employer Liability Issues

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NLRB Overturns Obama-era Rules

On December 17, 2019, the National Labor Relations Board issued two decisions which dramatically overturn a pair of hotly debated Obama-era rules. The first sets down a rule allowing employers to limit an employee’s use of…more

Email, NLRB, Purple Communications, Unions, Workplace Investigations

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Biden Administration to Evaluate Critical U.S. Supply Chains for Resiliency

On February 24, 2021, President Biden issued Executive Order 14017 (“EO 14017”) establishing a wide-ranging evaluation of America’s supply chains that will take place over the next twelve months. The assessment will follow two…more

Biden Administration, Executive Orders, Export Controls, Supply Chain

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The FTC Proposes Ban on Non-Competes: The Implications for M&A Transactions

On January 5, 2023, the Federal Trade Commission (FTC) proposed a sweeping new rule which, if enacted in its draft form, would ban virtually all non-competition agreements (non-competes), including those already in effect. The…more

Comment Period, Contract Terms, Employment Contract, Federal Trade Commission (FTC), FTC Act

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Opportunities Exist to Challenge Taxpayers’ Penalty Assessments for Failure to Report Large Foreign Gifts

U.S. citizens and residents who have received gifts (including bequests) exceeding certain thresholds from foreign persons must generally report such gifts to the IRS. Recipients of such gifts who do not report them in a timely…more

Income Taxes, IRS, Tax Liability, Tax Planning, Tax Returns

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EPA Finalizes First-Ever Facility Response Plan Requirements for “Worst-Case” Chemical Discharges to Water

Echoing recent revisions strengthening the Risk Management Program under the Clean Air Act, the U.S. Environmental Protection Agency (“EPA” or ​“the Agency”) on March 14, 2024 finalized a rule requiring certain facilities to…more

Chemicals, Clean Air Act, Clean Water Act, Environmental Protection Agency (EPA), Hazardous Substances

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Nobody’s Default? Ninth Circuit to Decide Whether Defaults Need to be ‘Material’ Before Landlords Get Adequate Assurance Under the Bankruptcy Code

Section 365 of the Bankruptcy Code allows debtors to “assume” unexpired leases, recommitting themselves and their counterparties to the existing lease terms, subject to approval by the Bankruptcy Court. If there are existing…more

Bankruptcy Code, Counterparties, Debtors, Section 365

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Real Estate Industry Alerts Tracker - March 30, 2020 Issue

Recording Office Closures- The Coronavirus epidemic has caused multiple recording office closures. ALTA has been continuously updating the operating status of the various recording jurisdictions on its site, which you may…more

Business Interruption, CARES Act, Coronavirus/COVID-19, Force Majeure Clause, Mortgages

See all updates »

Is the 2nd Circuit’s Pfizer Decision Enough to Rescue DEI Initiatives?

We have previously discussed the impact of the Supreme Court’s June 2023 decision in Students for Fair Admissions, Inc. v. President and Fellow of Harvard College (SFFA) on diversity, equity and inclusion in the employment…more

Corporate Counsel, Diversity, Diversity and Inclusion Standards (D&I), Equal Employment Opportunity Commission (EEOC), Pfizer

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Justice Department Files Appeal in CTA Enforceability Case

As discussed in our previous client advisory, earlier this month, the U.S. District Court for the Northern District of Alabama entered a final declaratory judgment concluding that the Corporate Transparency Act (“CTA” or the…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Reporting Requirements

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New York Employers Must Take Action to Secure Insurance Coverage for the Coming Wave of Sexual Abuse

On November 24, 2022, New York will open a one-year “lookback” window that will revive older sexual abuse claims that were previously barred by applicable statues of limitations and allow victims to file suit against responsible…more

Child Abuse, Child Protection Laws, Crime Victims, Insurance Industry, Sexual Abuse

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Angry House Members Vent at FTC and Vote to Cut its Budget

“Why are you losing so much? Are you losing on purpose?” An implacable Lina Khan fended off four hours of hostile questions from members of the House Judiciary Committee, who criticized her ethics and performance as FTC Chair…more

Antitrust Provisions, Budgets, Ethics, Federal Trade Commission (FTC)

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SEC Roll-Out of Climate Disclosure Rules Put On Hold Pending Ongoing Legal Challenges – What Does It Mean for SEC Filers?

Ending two years of anticipation over the final contours of its controversial foray into requiring a sweeping range of public company disclosures of business risks associated with climate change, the U.S. Securities and Exchange…more

Climate Change, Corporate Governance, Disclosure Requirements, Greenhouse Gas Emissions, Securities and Exchange Commission (SEC)

See all updates »

Senators Baldwin and Cassidy Introduce Resilient Communities Act to Aid Communities Harmed By Unfair Trade

On December 6, 2023, Senator Tammy Baldwin (D-WI) and Senator Bill Cassidy (R-LA) introduced a bill titled the Resilient Communities Act to support communities in the United States that have been negatively affected by unfair…more

Anti-Dumping Duty, Countervailing Duties, Customs and Border Protection, U.S. Commerce Department

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Second Round Of Miscellaneous Tariff Bill Process To Launch

On October 15, 2019, the US International Trade Commission (ITC) will begin accepting a new round of petitions to suspend/reduce tariffs under a process commonly known as the Miscellaneous Tariff Bill or MTB process. Under this…more

Imports, International Trade Commission (ITC), Tariffs, Trump Administration, U.S. Commerce Department

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Telecommunications Companies Face Potential Government Investigations Related to Lead-Sheathed Cables

Concerns about potential widespread lead contamination of residential neighborhoods, schools and drinking water supplies from lead sheathing in telecommunications wires, fueled by a series of recent articles in the Wall Street…more

CERCLA, Contamination, Department of Justice (DOJ), Environmental Protection Agency (EPA), Telecommunications

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The FTC is Not the Only One Tracking Your Use of Health Information

The FTC has made news recently with its recent enforcement activity regarding companies’ alleged disclosures of consumer health data, as detailed in our recent post FTC to Advertisers: We’re tracking Your Use of Health…more

Data Privacy, Data Security, Federal Trade Commission (FTC), Health Insurance Portability and Accountability Act (HIPAA), Information Security

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Senators Call For Stricter Enforcement of Textile Industry in Neighboring Countries

On November 13, 2023, a bipartisan group of U.S. senators published a letter to Acting Commissioner Troy Miller of U.S. Customs and Border Protection (“CBP”) calling for an increase in CBP enforcement activity targeting textile…more

Customs and Border Protection, Forced Labor, Textiles, United States-Mexico-Canada Agreement (USMCA), Uyghur Forced Labor Prevention Act (UFLPA)

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Commerce Initiates Rulemaking Targeting Foreign-Manufactured Technology Used In Connected Vehicles

On Thursday, February 29th, 2024, the Department of Commerce (“the Department”) announced an advance notice of proposed rulemaking (“ANPRM”), seeking public comments regarding new potential regulations to ​“secure and safeguard…more

Automotive Industry, Connected Cars, Technology Sector, U.S. Commerce Department

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FTC Staff Doubles Down on Rejected Koscot Standard for Pyramiding Claims, Challenges DSSRC IDS Guidance

Over the past two years, we have seen FTC staff express its opinions on the state of the law in multiple ways. In December 2022, for example, staff issued its Health Products Compliance Guidance, intended to supersede the FTC’s…more

Advertising, Federal Trade Commission (FTC), FTC Act, Marketing

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$1.2 Trillion Bipartisan Infrastructure Bill Heads to President’s Desk

LANDMARK BILL REPRESENTS A MAJOR COMPONENT OF THE BIDEN ADMINISTRATION'S BUILD BACK BETTER AGENDA - On November 5, the U.S. House of Representatives passed a bipartisan $1.2 trillion “physical” infrastructure bill, paving the…more

Airports, Biden Administration, Bridges, Broadband, Carbon Capture and Sequestration

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Insurance Recovery for the Supply Chain Crunch

As the world economy continues its rapid but unpredictable rebound from the COVID-19 pandemic, record shortages and shipping delays due to global supply chain issues have become commonplace. If your business has experienced…more

Business Interruption, Coronavirus/COVID-19, Insurance Industry, Supply Chain

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No Pain, No Grain: Golden Grain Company’s Slack Fill Victory

In a deep sea of consumer fraud and deceptive packaging litigation, glimpses of reason are starting to emerge in the slack fill space, suggesting that these cases may (finally) be on the decline…more

Class Action, Food Manufacturers, Product Packaging, Slack-Fill Suits

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The New “Clean Vehicle” Tax Credit

This Client Advisory describes requirements that must be satisfied to qualify for the new ​“clean vehicle” tax credit, following enactment of the Inflation Reduction Act of 2022 (the ​“IRA”)…more

Automotive Industry, Electric Vehicles, Inflation Reduction Act (IRA), Internal Revenue Code (IRC), Manufacturers

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Commerce Initiates Rulemaking Targeting Foreign-Manufactured Technology Used In Connected Vehicles

On Thursday, February 29th, 2024, the Department of Commerce (“the Department”) announced an advance notice of proposed rulemaking (“ANPRM”), seeking public comments regarding new potential regulations to ​“secure and safeguard…more

Automotive Industry, Connected Cars, Technology Sector, U.S. Commerce Department

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Second Circuit Urges District Court to Require Brooklyn Prison to Provide Defense Attorneys with Remote Access to Inmates During The COVID-19 Pandemic

On March 20, 2020, the Second Circuit granted the Federal Defenders of New York, Inc. (“Federal Defenders”) a second shot at their suit against the Federal Bureau of Prisons (“BOP”) concerning the lawfulness of the BOP’s…more

Coronavirus/COVID-19, Federal Rules of Criminal Procedure, Prisoners, Telecommunications

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Company Complies with NARB Decision on Review Disclosures After FTC Intervenes

Smile Prep operates a website that provides reviews of clear aligners (or ​“invisible braces”) based on an ​“extensive five-point analysis.” Because Smile Prep’s sole source of revenue consists of commissions from some of the…more

Advertising, Disclosure Requirements, Federal Trade Commission (FTC), NAD, NARB

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NEWMOA Releases Draft PFAS Prevention Model Act

In recent months, state legislatures have introduced numerous regulations restricting the sale of consumer products containing per- and polyfluoroalkyl substances (PFAS) and adopting legal drinking water standards for the…more

Contamination, Drinking Water, Environmental Policies, Hazardous Substances, PFAS

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Latest Round of Russia Sanctions: Rostec & New SDNs, Tariff Increases, Entity List, and Ban on Gold Imports

Today, the United States, in coordination with other G7 countries, announced new sanctions, export controls, and import restrictions on Russia. The latest U.S. package of measures include sanctions targeting Russia’s defense…more

Bureau of Industry and Security (BIS), Economic Sanctions, Export Controls, Office of Foreign Assets Control (OFAC), Russia

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New York Employers Must Take Action to Secure Insurance Coverage for the Coming Wave of Sexual Abuse Claims Under the Adult Survivors Act

On November 24, 2022, New York will open a one-year “lookback” window that will revive older sexual abuse claims that were previously barred by applicable statues of limitations and allow victims to file suit against responsible…more

Child Abuse, Crime Victims, Insurance Industry, Sexual Abuse, Statute of Limitations

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Talking About The NLRB’s New Rulings on Confidentiality, Non-Disparagement, and Severance Offers

There’s been another flip-flop at the National Labor Relations Board. The target this time? Severance agreements. During the Trump administration, the NLRB issued a set of rulings that generally allowed employers to include…more

Confidentiality Agreements, Employee Rights, Employer Liability Issues, NLRA, NLRB

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In an En Banc Decision, the Fourth Circuit Clarifies the Appealability of Dismissals Without Prejudice - Britt v. DeJoy

In its en banc opinion last month, the United States Court of Appeals for the Fourth Circuit held that where a district court dismisses a case without prejudice but is silent about allowing leave to amend, the dismissal is…more

Appeals, Employer Liability Issues, Employment Discrimination, Employment Litigation, Retaliation

See all updates »

A Group of 19 State AGs Support the FTC’s Proposed Rule on ​“Junk Fees”

Another week, another flag on so-called junk fees. The FTC is in the midst of a months-long rulemaking targeting ​“unfair or deceptive fees” that would fundamentally alter the way businesses can advertise their prices to…more

Excessive Fees, Federal Trade Commission (FTC), Fees, Hidden Fees, Proposed Rules

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“Vanilla Vigilante” Spencer Sheehan Grounded After Targeting Starbucks

Over the past several years, the number of consumer class actions involving product labels has significantly increased. The claims, primarily targeting food and clothing manufacturers, typically allege products are mislabeled or…more

Class Action, Food Manufacturers, Product Labels, Starbucks

See all updates »

Biden Administration Invokes DPA to Advance Clean Energy Goals

On Monday, June 6, 2022, President Biden invoked the Defense Production Act of 1950 (“DPA”) with the intent to accelerate domestic manufacturing in the renewable energy sector. In addition to furthering the Administration’s…more

Biden Administration, Clean Energy, Defense Production Act, Energy Projects, Infrastructure

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Videoconferencing and Potential Security, Confidentiality and Discovery Issues

With most employees working remotely amidst the COVID-19 pandemic, the use of videoconferencing platforms like Zoom, Microsoft Teams, Skype, WebEx, GoTo, Ring, and BlueJeans in everyday business has risen dramatically. Unlike a…more

Coronavirus/COVID-19, Cybersecurity, Discovery, Electronically Stored Information, FRCP 37(e)

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Senators Baldwin and Cassidy Introduce Resilient Communities Act to Aid Communities Harmed By Unfair Trade

On December 6, 2023, Senator Tammy Baldwin (D-WI) and Senator Bill Cassidy (R-LA) introduced a bill titled the Resilient Communities Act to support communities in the United States that have been negatively affected by unfair…more

Anti-Dumping Duty, Countervailing Duties, Customs and Border Protection, U.S. Commerce Department

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Significant Expansion of $600 Billion Main Street Loan Programs for Small- and Medium-Sized Businesses

On April 30, 2020, the Federal Reserve (the Fed) announced the expansion in scope and eligibility of its forthcoming Main Street Lending Program (MSLP). The expansion comes in response to public comment on the MSLP as initially…more

CARES Act, Coronavirus/COVID-19, Federal Reserve, Main Street Lending Programs, Main Street New Loan Facility

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New EPA Enforcement and Compliance Assistant Administrator Expected to Advance Environmental Justice Enforcement Efforts

On July 20, 2023, the U.S. Senate confirmed the long-awaited appointment of David Uhlmann as the new Assistant Administrator of the Environmental Protection Agency’s (“EPA”) Enforcement and Compliance Division. Mr. Uhlmann…more

Department of Justice (DOJ), Environmental Crimes, Environmental Justice, Environmental Protection Agency (EPA)

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Attorneys General Revisit the State of Multistates

Last week, multiple state Attorneys General (AGs) and staff from offices nationwide gathered in Washington, DC for the National Association of Attorneys General (NAAG) 2022 Consumer Protection Fall Conference. The conference…more

National Association of Attorneys General (NAAG), Professional Conferences, State and Local Government, State Attorneys General

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New York Weight Loss Supplement Law Has Stakeholders Scrambling But Faces Legal Challenges

On October 25, 2023, New York enacted GBL 391-oo, which bans the sale of over-the-counter diet pills and dietary supplements intended for weight loss and muscle building to individuals under the age of 18. Covered products…more

Dietary Supplements, Labeling, Marketing, Product Labels, Weight-Loss Products

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Subchapter V Changed The Chapter 11 Bankruptcy Landscape – How Should A Creditor Protect Itself?

Subchapter V was intended to be the faster, easier, and cheaper version of Chapter 11 bankruptcy, allowing small “Main Street” businesses to reorganize like mid-size and large companies. After participating in Subchapter V…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors, Debtors

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EPA Proposes First National Drinking Water Standard for PFAS

The United States Environmental Protection Agency (EPA) today released proposed national drinking water standards for six per- and polyfluoroalkyl substances (PFAS) pursuant to the federal Safe Drinking Water Act (SDWA)—a key…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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United States and India Announce Agreement Resolving Certain Trade Disputes

On June 22, 2023, shortly before the start of President Biden’s state dinner at the White House in honor of Indian Prime Minister Modi’s visit to Washington, U.S. Trade Representative Katherine Tai announced an agreement to…more

International Trade Disputes, Trade Relations, WTO

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Senators Baldwin and Cassidy Introduce Resilient Communities Act to Aid Communities Harmed By Unfair Trade

On December 6, 2023, Senator Tammy Baldwin (D-WI) and Senator Bill Cassidy (R-LA) introduced a bill titled the Resilient Communities Act to support communities in the United States that have been negatively affected by unfair…more

Anti-Dumping Duty, Countervailing Duties, Customs and Border Protection, U.S. Commerce Department

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PFAS Grease-Proofing Agents Officially Slip Out of U.S. Market

Rest assured, you can stop worrying about ingesting ​“forever chemicals” when you use fast-food wrappers, microwave popcorn bags, and take-out paperboard containers. Last week, FDA announced here that so-called…more

Food and Drug Administration (FDA), Hazardous Substances, Manufacturers, PFAS, Toxic Chemicals

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EU Imposes Seventh Round of Sanctions: Ban on Russian Gold; New Asset Freezes; Expansion of Existing Measures

Last week, the European Union imposed its seventh round of sanctions on Russia, imposing a range of new restrictive measures. The new sanctions include a ban on dealings in Russian-origin gold, updates to existing sanctions to…more

Asset Freeze, Economic Sanctions, EU, Russia

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Justice Department Files Appeal in CTA Enforceability Case

As discussed in our previous client advisory, earlier this month, the U.S. District Court for the Northern District of Alabama entered a final declaratory judgment concluding that the Corporate Transparency Act (“CTA” or the…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Reporting Requirements

See all updates »

Big Government? FTC Advocates for More Authority in Congressional Hearing

Last week, the House Committee on Energy and Commerce held a Committee Hearing on the Oversight of the Federal Trade Commission. All five Commissioners attended and their message was largely the same: the FTC needs additional…more

Administrative Procedure Act, Cybersecurity, Data Privacy, Data Security, Federal Trade Commission (FTC)

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[Webinar] Hot Market / Cold War: Is China Our Best Customer or Our Biggest Threat? - March 29th, 12:00 pm ET

Relations between the United States and China have been tumultuous over the last decade -especially in recent years - however, trade and investment ties remain robust between these two economic powers. In this one-hour webinar…more

Biden Administration, China, Foreign Investment, Foreign Relations, Multinationals

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Update to SEC Share Repurchase Disclosure Amendments: Fifth Circuit Vacates SEC New Repurchase Rule

On December 19, 2023, the U.S. Court of Appeals for the Fifth Circuit vacated the Securities and Exchange Commission’s (the ​“SEC”) final rule adopting amendments to share repurchase disclosure requirements (US Chamber of…more

Disclosure Requirements, Form 10-K, Form 10-Q, Regulation S-K, Securities and Exchange Commission (SEC)

See all updates »

“Vanilla Vigilante” Spencer Sheehan Grounded After Targeting Starbucks

Over the past several years, the number of consumer class actions involving product labels has significantly increased. The claims, primarily targeting food and clothing manufacturers, typically allege products are mislabeled or…more

Class Action, Food Manufacturers, Product Labels, Starbucks

See all updates »

Health Data Coding Error Costs Inmediata $1.4 Million with AGs

We posted just last week about the Blackbaud multistate settlement, and as we have discussed, health privacy remains a hot topic and is already back in the news. On October 17th, 33 AGs led by Indiana, announced a multistate…more

Data Protection, Data Security, Health Insurance Portability and Accountability Act (HIPAA), HITECH Act, PHI

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Top 5 State Privacy Issues We’re Monitoring This Year

The year ahead promises to be busy on the state privacy front. As we’ve covered on this blog, states are continuing to fill the gap at the federal level by implementing comprehensive state laws that guarantee consumer privacy…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Personal Information

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Commerce Initiates Rulemaking Targeting Foreign-Manufactured Technology Used In Connected Vehicles

On Thursday, February 29th, 2024, the Department of Commerce (“the Department”) announced an advance notice of proposed rulemaking (“ANPRM”), seeking public comments regarding new potential regulations to ​“secure and safeguard…more

Automotive Industry, Connected Cars, Technology Sector, U.S. Commerce Department

See all updates »

Supreme Court Hears Oral Argument Over the TCPA’s Definition of an Autodialer

For the second time this year, the TCPA came before the Supreme Court via teleconference oral argument in Facebook, Inc. v. Duguid, et al, Case No. 19-511 (2020). The Supreme Court’s disposition of Facebook’s petition is…more

ATDS, Auto-Dialed Calls, Data Storage, Facebook, Facebook Inc v Duguid

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New EPA Enforcement and Compliance Assistant Administrator Expected to Advance Environmental Justice Enforcement Efforts

On July 20, 2023, the U.S. Senate confirmed the long-awaited appointment of David Uhlmann as the new Assistant Administrator of the Environmental Protection Agency’s (“EPA”) Enforcement and Compliance Division. Mr. Uhlmann…more

Department of Justice (DOJ), Environmental Crimes, Environmental Justice, Environmental Protection Agency (EPA)

See all updates »

Update to SEC Share Repurchase Disclosure Amendments: Fifth Circuit Vacates SEC New Repurchase Rule

On December 19, 2023, the U.S. Court of Appeals for the Fifth Circuit vacated the Securities and Exchange Commission’s (the ​“SEC”) final rule adopting amendments to share repurchase disclosure requirements (US Chamber of…more

Disclosure Requirements, Form 10-K, Form 10-Q, Regulation S-K, Securities and Exchange Commission (SEC)

See all updates »

COVID-19 Lease Provisions

In the wake of COVID-19, commercial landlords are facing unprecedented challenges as they strive to mitigate new risks while maintaining the rapport they have built in their professional communities and with their tenants. As…more

Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Force Majeure Clause, Landlords

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DNA Diagnostics Center Settles Data Breach with Ohio and Pennsylvania Attorneys General

On February 16, 2023, the Attorneys General of Ohio and Pennsylvania announced a settlement with Ohio-based DNA Diagnostics Center (“DDC”) for a 2021 data breach which involved 2.1 million residents nationwide, including the…more

Cybersecurity, Data Breach, Data Protection, Data Security, State Attorneys General

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Washington State Poised to Launch Artificial Intelligence Task Force

As we have previously reported, state attorneys general (AGs) have great interest in artificial intelligence (AI) and we do not see this stopping anytime soon. This time, our focus is on a bipartisan legislative proposal from…more

Artificial Intelligence, Innovative Technology, Machine Learning, Technology Sector

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USF Tracker - November 2020

Looking Ahead to the New Administration - With the election behind us, this month we will preview some of the possible changes Universal Service could see in the Biden administration. First, and most significantly, we will…more

Connect America Fund, FCC, Rural Areas, Telecommunications, Universal Service Fund

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Customer Service Chatbots: What You Need To Know

Generative AI continues to dominate the conversation in 2023, and one particular aspect receiving increased scrutiny in the past weeks is AI-powered customer service chatbots. The Consumer Financial Protection Bureau (CFPB) and…more

Algorithms, Artificial Intelligence, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), ROSCA

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Is the 2nd Circuit’s Pfizer Decision Enough to Rescue DEI Initiatives?

We have previously discussed the impact of the Supreme Court’s June 2023 decision in Students for Fair Admissions, Inc. v. President and Fellow of Harvard College (SFFA) on diversity, equity and inclusion in the employment…more

Corporate Counsel, Diversity, Diversity and Inclusion Standards (D&I), Equal Employment Opportunity Commission (EEOC), Pfizer

See all updates »

EEOC Releases Annual Performance Report for Fiscal Year 2023

It comes as no surprise that the EEOC’s enforcement activity, charge activity, and settlements have all increased under a Democratic administration. The EEOC’s recent Annual Performance Report paints that picture in numbers,…more

Corporate Counsel, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnancy Discrimination

See all updates »

Supreme Court Reduces Exposure to Successive Class Actions

On Monday, the U.S. Supreme Court held in China Agritech, Inc. v. Resh, No. 17-432, 584 U.S. __, 2018 WL 2767565 (2018), that the equitable tolling doctrine established by its landmark decision, American Pipe v. Utah, does not…more

Appeals, China Agritech Inc v Resh, Class Action, Class Certification, Class Members

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Force Majeure and Contractual Obligations in the Midst of Coronavirus

As COVID-19 (coronavirus) continues to spread globally and governments and companies take efforts to slow and contain the virus, no company is able to continue “business as usual.” …more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases, Performance Standards

See all updates »

Washington State Poised to Launch Artificial Intelligence Task Force

As we have previously reported, state attorneys general (AGs) have great interest in artificial intelligence (AI) and we do not see this stopping anytime soon. This time, our focus is on a bipartisan legislative proposal from…more

Artificial Intelligence, Innovative Technology, Machine Learning, Technology Sector

See all updates »

OCC to Provide a Regulatory Framework for Fintech Companies

On July 31, 2018, the Office of the Comptroller of the Currency (“OCC”) announced that it will begin accepting applications for special-purpose national bank charters from financial technology companies (“fintech”). A successful…more

Banking Sector, Financial Services Industry, FinTech, Fintech Charter, National Bank Charters

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I Hear That Whistle Blowing: New York’s Expanded Whistleblower Law Raises Volume On Employers

New York State lawmakers have done it again – amending an often-forgotten whistleblower statute of limited application into a sweeping new source of employee rights that should make employers listen up and take notice. Almost…more

Employer Liability Issues, State Labor Laws, Whistleblower Protection Policies, Whistleblowers

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Health Data Privacy: What We’re Hearing

U.S. privacy developments are moving quickly, but health data privacy is racing forward. Companies that come into contact with consumers’ health data need to track and respond to a variety of developments. Most notably, these…more

Cybersecurity, Data Privacy, Data Protection, Data Security, PHI

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SDNY Allows False Advertising Suit Over ​“Carbon Neutral” Claims to Move Forward

A 2022 class action lawsuit against Danone Waters’ evian spring water will move forward, thanks to a judge in the Southern District of New York, who decided this week that he could not determine as a matter of law that the term…more

Advertising, False Advertising, Marketing, Motion to Dismiss, Offsets

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Health Data Privacy: What We’re Hearing

U.S. privacy developments are moving quickly, but health data privacy is racing forward. Companies that come into contact with consumers’ health data need to track and respond to a variety of developments. Most notably, these…more

Cybersecurity, Data Privacy, Data Protection, Data Security, PHI

See all updates »

Force Majeure and Contractual Obligations in the Midst of Coronavirus

As COVID-19 (coronavirus) continues to spread globally and governments and companies take efforts to slow and contain the virus, no company is able to continue “business as usual.” …more

Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases, Performance Standards

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FTC Staff Doubles Down on Rejected Koscot Standard for Pyramiding Claims, Challenges DSSRC IDS Guidance

Over the past two years, we have seen FTC staff express its opinions on the state of the law in multiple ways. In December 2022, for example, staff issued its Health Products Compliance Guidance, intended to supersede the FTC’s…more

Advertising, Federal Trade Commission (FTC), FTC Act, Marketing

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Second Circuit Split Resolved: No PPP Loans for Debtors in Bankruptcy

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TCPA FCC Petitions Tracker - February 2022

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation…more

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TSR Updated to Expand Recordkeeping Obligations; Cover B2B Telemarketing Representations; May Expand to Inbound Tech Support Service Calls

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Supreme Court Holds That U.S. Corporations “Reside” Only in Their State of Incorporation for Patent Venue Purposes, But Questions Remain

Highlights and Impact: On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court held 8 – 0 that a domestic corporation “resides” only in its state of incorporation for the purpose of…more

Forum Shopping, Patent Infringement, Patent Litigation, Patents, Personal Jurisdiction

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Neora Prevails In Landmark Decision For Direct Selling Industry

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Amendment to Delaware General Corporate Law Expands Personal Liability Protections to Corporate Officers; Updating Corporate Forms

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Nobody’s Default? Ninth Circuit to Decide Whether Defaults Need to be ‘Material’ Before Landlords Get Adequate Assurance Under the Bankruptcy Code

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Bankruptcy Code, Counterparties, Debtors, Section 365

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SEC Issues Final Rules on Rule 10b5-1 and Insider Reporting Changes

On December 14, 2022, the Securities and Exchange Commission (the “Commission”) adopted final rules (the “Final Rules”) which will affect trading by directors and officers of listed issuers and disclosure about such transfers…more

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USPTO Notice of Waiver of Deadlines Under the CARES Act

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CARES Act, Coronavirus/COVID-19, Filing Deadlines, Patents, Relief Measures

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CFPB Previews Proposals that Could Fundamentally Shift Data Broker Business

In connection with its convening of a panel of small businesses to provide input on potential regulatory actions, the CFPB released an outline of its proposals to use its rulemaking authority under the Fair Credit Reporting Act…more

Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Data Brokers, Fair Credit Reporting Act (FCRA), Financial Services Industry

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The 2018 Midterms Election Results And Policy Implications

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Use of Prospective Exculpatory Agreements Under Maryland & Virginia Law to Mitigate a Business’s Exposure to COVID-19 Premises/Contagion Liability

Our previous client advisory discussed the threat of lawsuits by customers and visitors who claim they contracted COVID-19 as a result of the negligence by stores, office buildings or other facilities failing to protect against…more

Coronavirus/COVID-19, Exculpatory Clauses, Infectious Diseases, Premises Liability

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Beware of Post-Confirmation Bar Dates In Chapter 11 Plans

A recent decision reminds creditors of the harsh consequences of failing to comply with a court imposed deadline for filing claims in a bankruptcy case. The U.S. Court of Appeals for the Third Circuit recently held in Ellis v…more

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EPA Opens Door to Electronic Audit Policy Self-Disclosures

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Proposed New York Restrictions on Food and Beverage Advertising Threaten to Open Litigation Floodgates

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Advertising, Marketing, Social Media, Unfair or Deceptive Trade Practices

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End of COVID-19 National and Public Health Emergencies

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[Webinar] 2021 Biden Administration Regulatory and Policy Outlook for Manufacturers - January 13th, 12:00 pm - 1:00 pm ET

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Analyzing Commercial Leases in the District of Columbia, Virginia and Maryland in the Face of COVID-19

COVID-19 is having a significant impact on the business operations of both commercial landlords and tenants and their ability to fulfill lease obligations. As a result, many landlords and tenants are reviewing leases to evaluate…more

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REMINDER: Responses of All International Section 214 Holders to the Commission’s Mandatory Ownership Information Collection Are Due by January 22, 2024.

In our postings last month, we shared the news that the deadline for responses to the Federal Communications Commission (“FCC”) mandatory ownership information collection (“Information Collection”) applicable to all holders of…more

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The New York Court of Appeals Rejects Attempted Expansion of the Common Interest Exception to the Attorney Client Privilege

Last month, the New York Court of Appeals issued a decision rejecting the attempted expansion of the common interest exception to the attorney-client privilege to include communications that did not involve pending or…more

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New Decision Warns Against Reposting Photos on Social Media

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This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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