Register Now - Upcoming Webinars

Sun, 19 Jul 2020 06:14:01 -0400

This Wednesday, July 22 Selling Online: How to Avoid Flattening the Curve of an Uptick in Website Traffic Register Here

COVID-19 has increased the already dizzying amount of online sales, making the applicable marketing requirements increasingly important. These rules affect not just how companies advertise and promote products and services online, but also how they bill and otherwise interact with consumers before, during, and after a transaction.

This webinar will include practical tips to help companies minimize risk of enforcement and litigation and provide practical guidance. Topics include:

Endorsers and Influencers
Promotions and Pricing
Subscription Plans and “Free” Trials
Shipping and Delivery
Consumer Reviews and the Consumer Review Fairness Act
Customer Service Considerations – how timely refunds and responsiveness can help reduce legal risks

July 29 Cleaning Up From 2020: Guidance for Disinfectant, Germ and Virus Killing Claims Register Here

COVID-19 has brought a proliferation of products claiming to kill or otherwise inhibit viruses, bacteria and other germs. These products, before they can be legally sold, are heavily regulated by the U.S. Environmental Protection Agency (EPA), Food and Drug Administration (FDA), and sometimes both. Major enforcement actions are pending against companies making illegal claims or selling unregistered products. Meanwhile, the FTC regulates advertising of many sanitizing products and the agency has pursued enforcement on companies that overstate their products’ germ-killing performance.

Please join us for a webinar covering the basics of germ killing and related product claims.

Discussion topics include:

The regulatory landscape: Who regulates what – EPA, FDA and FTC jurisdiction and requirements
What can you say and when can you say it
Potential liability and enforcement considerations
What to do if you receive a warning letter or other enforcement action

Anyone who is currently making or planning to make pesticide products, microbiology laboratory personnel with efficacy testing responsibilities, manufacturers of sanitizing products including lights, retailers of sanitizing products, anyone new to claims or in need of a refresher should join us for this webinar.

July 30 California Consumer Privacy Act (CCPA) for Procrastinators: What You Need To Do Now If You Haven’t Done Anything Yet Register Here

The coronavirus pandemic has put many things on hold, but CCPA enforcement is not one of them. The California Attorney General’s enforcement authority kicked in on July 1, 2020, and companies reportedly have begun to receive notices of alleged violation. In addition, several class actions have brought CCPA claims. Although final regulations to implement the CCPA have yet to be approved, compliance cannot wait.

If you’re not yet on the road to CCPA compliance (or would like a refresher), this webinar is for you.

We will cover:

Latest CCPA developments
Compliance strategies
Potential changes to the CCPA if the California Privacy Rights Act (CPRA) ballot initiative passes

Anyone who has not begun their CCPA compliance efforts or thinks they need a refresher should join us for this webinar.

Also join our counterparts for:

Tuesday, July 21 Not Normal: the Challenges of a Changed Workplace Register Here

Four months ago, the Dow was close to 30,000, employment rates were at historic highs, the coronavirus was still “novel,” and millions had not yet taken to the streets in global protests against police brutality and racial inequality. The workplace we now return to exists in this supercharged social and political climate, with new rules, laws, risks and social issues creating new and uncharted waters for employers to navigate. Join Kelley Drye’s Labor and Employment partners Barbara Hoey, Mark Konkel, and Kimberly Carter as they identify risks and share pragmatic solutions to these new challenges. Topics will include:

Politics, speech and activism in the workplace
The changing role of HR
What “diversity” means now
New employment laws

Find replays of our webinars and other key resources relevant to advertising and marketing, privacy, data security, and consumer product safety and labeling on the Advertising and Privacy Law Resource Center.

Update: White House Identifies Amazon Foreign Domains as “Notorious Markets” for Counterfeit Goods

Andrea L. Calvaruso — Thu, 07 May 2020 12:44:23 -0400

As we have previously advised, the Trump Administration is targeting the sale of counterfeit goods on e-commerce platforms. Early this year, the Department of Homeland Security issued its report to the White House on “Combating Trafficking in Counterfeit and Pirated Goods,” in response to which the White House entered its Executive Order aimed at blocking the sale of contraband and counterfeit goods online to U.S. customers.

In its latest move, on Wednesday, April 29, the Administration’s Office of the United States Trade Representative (the “USTR”) released its 2019 Review of Notorious Markets for Counterfeiting and Piracy (the “Notorious Markets Review”) including Amazon’s marketplace domains in Canada, the U.K., Germany, France, and India. This is the first time that the foreign domains of a U.S.-based e-commerce platform have been included in the USTR’s annual Notorious Markets Review.

According to the Notorious Markets Review, submissions by IP rights owners highlighted the challenges they face with high levels of counterfeit goods being sold through the Amazon foreign domains. For example, rights owners expressed concerns Amazon does not sufficiently vet sellers on its platforms and that seller information displayed by Amazon is often misleading and therefore creates difficulty for consumers and rights owners in determining who is selling the goods. Rights owners also expressed frustration with Amazon’s counterfeit removal processes, commenting that they were long and burdensome even for those enrolled in Amazon’s brand protection programs.

In their submissions, IP rights owners requested that Amazon take additional steps to improve the efficacy of its brand protection programs. In particular, rights owners request that Amazon collect sufficient information from sellers to prevent repeat infringers from creating multiple storefronts; provide detailed and accurate seller information to consumers and rights owners; be more responsive to complaints of IP violations, and generally be more proactive in preventing counterfeit goods from being sold on the platform.

While inclusion on the USTR’s list does not carry any legal penalty, there is a public relations concern for Amazon in being identified alongside various other e-commerce platforms and physical markets where counterfeit goods are sold. Indeed, Amazon responded to the Notorious Markets Review by proclaiming that its inclusion on the list is “wrongful” and accusing the administration of advancing a “personal vendetta” against the company and its CEO.

We will continue to monitor developments in this area and keep you updated.