As workforces become increasingly mobile and remote work is more the norm, employers face the challenge of balancing the protection of their employees’ personal data and privacy against the need to collect and process personal data to recruit, support and monitor their workforces. Mounting regulations attempt to curb employers’ ability to gather and utilize employee data—from its historical use in processing employee benefits and leave requests to employers’ collection, use or retention of employees’ biometric data to ensure the security of the organization’s financial or other sensitive information systems. Learn what employers can do now to protect employee data and prepare for the growing wave of data privacy laws impacting the collection and use of employee personal data.

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Avoiding Price Gouging Claims Wednesday, August 3 Recently State Attorneys General, the House Judiciary Committee, and many others have weighed in on rising prices in an attempt to weed out price gouging and other forms of what they deem “corporate profiteering.” States and federal regulators are carefully looking at pricing as consumers and constituents become more sensitive to the latest changes and price gouging enforcement is an avenue states may be able to use to appease the public. Unlike other emergencies in the past, the current state of supply chain and labor shortages, along with skyrocketing costs for businesses, make it unrealistic for companies to simply put a freeze on any price increases. This webinar will cover:

• The basics of price gouging laws and related state emergency declarations and how to comply • The differences and varied complexities in state laws • General best practice tips • How AGs prioritize enforcement

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Find more upcoming sessions, links to replays and more here

Building a successful privacy program requires much more than compliance with data protection laws. To thrive in today’s global, data-driven environment, companies also need to understand the political environment and public attitudes surrounding privacy in the countries in which they operate. Of course, companies must anticipate and adapt to changing privacy regulations as well. This webinar presented strategies to help meet these challenges, with a focus on setting up structures to join local awareness with global compliance approaches.

This webinar will feature Kelley Drye attorney Aaron Burstein, along with Abigail Dubiniecki and Kris Klein of nNovation LLP.

To view the webinar recording, click here.

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The Ad Law News and Views newsletter provides information on our upcoming events and a summary of recent blog posts and other publications.

Visit the Advertising and Privacy Law Resource Center for additional information, past webinars, and educational materials.

October 13 Futureproofing Privacy Programs Building a successful privacy program requires much more than compliance with data protection laws. To thrive in today’s global, data-driven environment, companies also need to understand the political environment and public attitudes surrounding privacy in the countries in which they operate. Of course, companies must anticipate and adapt to changing privacy regulations as well.

In conjunction with Canadian firm nNovation LLP, Privacy and Information Security practice chair Alysa Hutnik and partner Aaron Burstein will present strategies to help meet these challenges, with a focus on setting up structures to join local awareness with global compliance approaches.

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October 20 New Frontiers of the Intersection Between Privacy Laws, Antitrust and Misleading Advertising Enforcement Canadian Bar Association (CBA) 2020 Fall Competition Law Conference The Bureau is pushing the boundaries of the intersection between competition and privacy laws, and the pandemic has accelerated pre-existing trends in digital enforcement. The FTC is similarly continuing to pursue robust enforcement in cutting-edge areas such as data privacy and fintech. Join Alysa Hutnik and a host of others for this session for a conversation on misleading advertising priorities in Canada and the U.S. in the digital economy.

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November 10 Nuts and Bolts of Basic Advertising: Substantiation, Disclosures and Social Media 2020 ANA/BAA Marketing Law Conference: A Virtual Experience

Join partner Gonzalo Mon for this session, which will cover important principles of advertising law, including prerequisites to prove your claims, the type of proof required, how to make disclosures, and application of these principles to social media. In addition, it will cover options for challenging competitors. Whether new or experienced to advertising, this session will give you down-to-earth information you need to put later sessions into context. This presentation will put a great new spin on important topics.

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October 21 2020 Election Outlook: An In-Depth Analysis of the Race for the White House and Congress Please join Kelley Drye's Government Relations and Public Policy Group as we present a bipartisan assessment of the upcoming 2020 elections. Election analysts Greg Speed and Jim Ellis will provide a detailed and data-packed assessment of the current state of play in the race for the White House. In addition, they will cover key Senate and House races and the prospects for control of both chambers in the upcoming 117th Congress.

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November 10, 2020 The Future of Consumer Protection and Privacy - What to Expect from the FTC As the election approaches, our government prepares for a transition – either to the second term under President Trump or to the Biden Administration. As this is occurring, consumer protection law also finds itself in transition. Partners Christie Grymes Thompson and John Villafranco will focus on what this means, in terms of recent enforcement activities and priorities related to privacy, data security, marketing, advertising, and other areas of consumer protection.

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For on-demand webinar replays and other content organized around Advertising and Marketing Standards, Privacy and Data Security and Consumer Product Safety, visit the Advertising and Privacy Law Resource Center microsite. Available via www.KelleyDrye.com, the site provides practical, relevant information to help in-house counsel answer the questions and solve the problems that they face on a daily basis.

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

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

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

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

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

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Also join our counterparts for:

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

• 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.

The FTC has recently sent warning letters to hundreds of companies for allegedly falsely implying that products can be used to treat, cure, mitigate, or prevent COVID-19. The FTC has also issued warning letters for implied earnings claims connected to the pandemic, alleging that some have overpromised on the financial opportunities available and misleadingly tied them to the pandemic. These announcements have made clear that any claim mentioning COVID-19, the pandemic, or even “these times” will be closely scrutinized.

Please join us for a webinar covering the basics of advertising product and earnings claims, and how those should be applied during the pandemic. Discussion topics include:

• Claim Substantiation and Puffery
• Express and Implied Product Claims
• Express and Implied Earnings Claims
• Enforcement Examples and Takeaways
• Monitoring Third Parties Making Claims on Your Behalf (Endorsers, Independent Distributors)
• What to do if you receive a warning letter or other enforcement action

Trade Association Antitrust 101 Please join us on July 14 for a webinar geared toward association legal counsel, executives, marketers, staff and members, participants in association activities or attendees to association meetings.

Antitrust issues are a constant concern for trade associations and their members. Competition regulators will have associations and their members under even greater scrutiny as groups work together to address the ongoing challenges presented by COVID-19. Please join us for a webinar covering the basics of antitrust compliance for association legal and compliance counsel, executives, staff and outside advisers. This webinar is designed to help association professionals and those who attend association functions identify potential antitrust issues and provide practical guidance for effective compliance programs and mitigating risk. Finally, we will talk about how to respond to enforcement actions in the event your organization is involved in an investigation.

Discussion topics include:

• Antitrust law basics
• Best practices for associations and its membership
• Effective compliance and training programs
• Strategies for responding to warning letters or other enforcement actions

Additional webinars will be announced soon.