Privacy Priorities for 2022: Legal and Tech Developments to Track and Tackle Wednesday, January 26 at 4:00pm ET/ 1:00pm PT

This joint webinar with Kelley Drye’s Privacy Team and Ketch, a data control and programmatic privacy platform, will highlight key legal and self-regulatory developments to monitor, along with practical considerations for how to tackle these changes over the course of the year. This will be the first in a series of practical privacy webinars by Kelley Drye to help you keep up with key developments, ask questions, and suggest topics that you would like to see covered in greater depth.

Register Here

State Attorney General Consumer Protection Priorities for 2022 Thursday, January 27 at 1:00pm ET

Please join Kelley Drye State Attorneys General practice Co-Chair Paul Singer, Advertising and Marketing Partner Gonzalo Mon, Privacy Partner Laura VanDruff, and Senior Associate Beth Chun for discussion and practical information on these and other state consumer protection, advertising, and privacy enforcement trends.

Register Here

Ad Law Access Podcast and Advertising and Privacy Law Resource Center On Demand

Subscribe to the Ad Law News and Views newsletter here and our Ad Law Access blog here.

• Made in USA claims – navigating FTC’s ‘all or virtually all’ standard WebinarConsumers continue to demand goods manufactured in the United States and will pay a premium for such products. At the same time, the Federal Trade Commission (FTC) continues its high-profile focus on US origin claims, launching dozens of investigations, announcing various noteworthy settlements and advocating for a proposed rule that would include the possibility of civil penalties over $43,000 per violation. This webinar will explore Made in USA claims and discuss:
  • What types of claim have attracted regulatory attention;
  • How to comply with the FTC’s requirements; and
  • What to do if the FTC contacts you.

Register here to Join Christie Grymes Thompson on 3 December 2020 at 1:00pm EST (6:00pm GMT).

• Ad Law News and Views NewsletterThe return of our Ad Law News and Views newsletter with our latest 8 Things feature on Gonzalo Mon. Subscribe here. Follow the links to find features on Christie Grymes Thompson and Alysa Hutnik.

• Visit the Advertising and Privacy Law Resource Center The Advertising and Privacy Law Resource Center is designed to help you navigate key legal topics relevant to advertising and marketing, privacy, data security, and consumer product safety and labeling.
• Listen to the Ad Law Access podcast, available through your smart speaker or wherever you get your podcasts. Latest episodes include:
  • The TCPA Heads Back to the Supreme Court
  • Comparative Advertising 101

Some of our post popular episodes include:

• • Cause Marketing - Commercial Co-Ventures: What You Need to Know Before Getting Started (12:30)
  • Texting 101 - The Hot Button Issues to Consider When Running a Texting Campaign (11:25)
  • Making it in the USA – When Product Origin and Origin Marketing Claims Matter (13:00)
  • Challenging Competitors' Claims
  • Influencers and Endorsers: Understanding the Upfront Legal Requirements (9:10)
  • Influencers Gone Wrong (10:30)
  • FTC Releases New Guide to Help Influencers (7:20)
• Follow us on LinkedIn, Twitter, and Facebook.

The Antitrust Section’s first ever Virtual Spring Meeting officially kicks off on April 17^th with a welcome session at noon Eastern. For the next two weeks, there will be a wide range of new content, live streamed programs, and networking events available via www.ourcuriousamalgam.com.

You can find Kelley Drye attorneys at the following sessions:

Briefing with the State Enforcers April 21, 2020 12:00 PM - 1:00 PM

State Attorneys General play a crucial role in enforcing state and federal antitrust and consumer protection laws. Join partner Bill MacLeod, and other panelists who represent antitrust and consumer protection bureaus from across the country as they discuss recent enforcement activities and the ongoing missions of state enforcement agencies. Event Website

Cocktails for Consumer Protection Virtual Reception April 21, 2020 2:00 PM - 3:00 PM

Does your area of concentration include privacy law and/or consumer protection? Are you interested in learning more about this rising practice area? Join host and Antitrust Section Consumer Protection Officer Alysa Hutnik, and other Virtual Spring Meeting attendees at this reception and learn more. Event Website

What to Expect in FTC CP Enforcement April 30, 2020 12:00 PM - 1:00 PM

From record fines to novel theories of harm, the FTC has pursued vigorous consumer protection enforcement under Chairman Simons. Join partner Christie Thompson and other panelists for a discussion on recent FTC enforcement and priorities, including impacts, if any, of COVID-19 on enforcement priorities, as well as in the areas of privacy, data security, marketing, advertising, and fintech, consider whether FTC enforcement has expanded in reach, and implications for future CP enforcement. Event Website

For the full lineup, please visit ourcuriousamalgam.com.

To help clients navigate these new challenges, including the unpredictability of any outbreak-related business disruption, Kelley Drye has compiled a free resource center to help businesses navigate this uncertain environment.

Check it out for articles, webinars, and blog posts that cover a range of topics, including the following:

• Legal exposure due to business interruptions and unsatisfied contracts, including counsel on contractual obligations, especially for significant business concerns.
• Supply chain disruptions that are impacting the manufacture of consumer goods forcing manufacturers to seek alternative product sources that meet U.S. consumer regulations.
• All types of employment issues, including how to communicate to your employees, managing affected employees, remote work policies, privacy of record and employee travel, among other pressing issues.
• Evaluating disruptions to trading and markets, M&A/corporate transactions, commercial contracts, corporate governance (contingency planning for annual meetings) and disclosures for publicly traded companies.
• Monitoring the federal government’s efforts to address these issues, as well as emerging issues that businesses may face.

We are updating the COVID-19 Resource Center as events unfold, so check back regularly.

• RETAILERS: New Colorado Consumer Protection Law Requires Redemption of Gift Cards with a Cash Value of $5 or Less May 10, 2010
• Dietary Guidelines for Americans, 2010 February 2, 2011
• Insurance Coverage for Lanham Act False Advertising Claims April 2, 2012
• How to Properly Use Establishment Claims in Advertising October 28, 2013
• White House Objects to Commercial Use of President’s Photo April 8, 2014
• Applying the Video Privacy Protection Act to Online Streaming June 2, 2015
• The Regulatory Landscape for Indirect Auto Lenders After Ally January 30, 2016
• Read This Before Scanning A Driver’s License In New Jersey July 26, 2017
• GDPR Sidebar: Comparing the California Consumer Privacy Act to the GDPR July 13, 2018
• CCPA Update: California Governor Signs Seven Amendments to the CCPA October 13, 2019

• California Consumer Privacy Act (CCPA) CCPA was far and away the most popular topic of 2019 and, as mentioned in one of our last posts of the year, “businesses and privacy professionals would do well to catch their breath over the holiday season. Next year is going to need focus and investment to reach the [CCPA] finish line (which, yes, will continue to move because this is privacy law, after all).​” Here are a few CCPA related posts you may want to read if you haven’t already:
  • Broad Range of Implementation Worries Surfaces at CCPA Rulemaking Hearing in LA December 5

• • Be Careful What You Say About the CCPA November 12

• • CCPA Update: California Attorney General Issues Draft Privacy Rules October 11

• • CCPA Update: Legislature Amends the CCPA to Exclude Employee Data, B2B Communications for One Year September 15

• The FTC’s Powers Under Section 13(b) The continuing questions over the extent of the FTC’s enforcement authority to obtain monetary relief under Section 13(b) were a popular topic with Ad Law Access readers. So popular that we created a Section 13(b) sub-blog:
  • Direct Seller Stands Its Ground: Neora Seeks Declaratory Judgment Against the FTC, Challenging the Agency’s Section 13(b) Authority November 5
  • Business As Usual? FTC Practice in the Wake of Shire ViroPharma and Credit Bureau Center October 22
  • A Potential New Fight Over FTC’s 13(b) Authority May 19

Other posts that resonated with readers:

• FTC Releases New Guide for Influencers November 9
• CBD and False Advertising: Lessons Learned From The Food Court August 9
• Nevada and Maine Advance Legislation Addressing the “Sale” of Personal Data June 4
• FDA and FTC Issue Joint Warning Letters to Three Online CBD Marketers April 2
• FTC to Use 6(b) Authority to Examine Tech Companies’ Data Practices March 22
• Taking Stock of the TCPA in 2019: What is an “Autodialer”? March 4
• The Direct Selling Self-Regulatory Council: What it Means for Multi-Level Marketers January 10

AD LAW ACCESS PODCAST

2019 also saw the launch of the Ad Law Access podcast. Top episodes included:

• CCPA Update: Legislature Amends the CCPA to Exclude Employee Data, B2B Communications for One Year
• Privacy Update: The Terms of the Facebook Settlement; CCPA Amendments Advance in Calif. Senate
• Cause Marketing - Commercial Co-Ventures: What You Need to Know Before Getting Started (12:30)
• CCPA Update (Amendments, Draft Regulations, and Classification issues) (12:00)
• Texting 101 - The Hot Button Issues to Consider When Running a Texting Campaign (11:25)
• Challenging Competitors' Claims
• Making it in the USA – When Product Origin and Origin Marketing Claims Matter (13:00)
• Influencers Gone Wrong (10:30)
• Influencers and Endorsers: Understanding the Upfront Legal Requirements (9:10)

California Consumer Privacy Act Workshop Los Angeles Edition In Los Angeles, on Wednesday, December 4, we will be holding the latest in our series of California Consumer Privacy Act (CCPA) Workshops. This edition will come a day after the California Attorney General's public hearing on the draft regulations, which we will recap. Like the others, this will be an interactive discussion on CCPA interpretation questions and compliance strategies, will include a deep dive into understanding and applying core CCPA provisions; industry benchmarking; preventing unintended “sales” of data; updating applicable privacy policy provisions and other disclosures; and considerations for business partner and vendor management. A reception to support networking with your privacy peers will follow the program. To find out more about this this invitation only in-person workshop, please contact [email protected].

Politics in the Workplace Also on December 4, at 12 Eastern, Barbara Hoey, Chair of Kelley Drye’s Labor and Employment Practice; Christie Grymes Thompson, Chair of the firm’s Advertising Law Practice, and David Frulla, Chair of the firm’s Campaign Finance and Political Law for a discussion on best practices for handling all aspects of politics in the workplace. This one-hour webinar will review federal and state rules regarding employees' political activity and speech in the workplace; how to protect your company’s brand and reputation in the context of political fundraising and advocacy; and how to comply with federal campaign finance laws when your company or its executives engage in political activity. To register for this webinar, please contact [email protected].

If you cannot attend any of these events, stay up to date with our Ad Law Access blog and podcast, and get a preview of the new Advertising and Privacy Law Resource Center.

As reported in our Ad Law News and Views newsletter, Kelley Drye’s Advertising Law practice posted 106 updates on consumer protection trends, issues, and developments to this blog in 2017. Here are some of the most popular:

• New Lawsuit Highlights Risks of Using User-Generated Content
• FTC Announces $1.3 Million Settlement in Negative Option Case
• Read This Before Scanning A Driver's License In New Jersey
• FTC Staff Reminds Brands and Influencers About Disclosure Requirements
• "OK, Google. Send a Letter to the CPSC”: Privacy Groups Request Recall of Google Home Mini
• New NAD Decision Addresses Product Reviews
• Judge Upholds FTC Staff Opinion that Avatar Calls are Prerecorded Messages under TSR
• Instagram Announces a New Tool for Influencers
• EU Data Protection Authority Issues GDPR Action Plan, Swiss Sign Privacy Deal with U.S.
• Don’t Like Negative Reviews? Read This Before You Delete Them
• More Regulators Focus on Price Comparisons
• CIT Adds New Requirements for ‘Assembled in USA’ Claims Analysis
• How Not to Get Burned by “First” Claims
• NAD Gives Bill of Good Health to Dietary Supplement Immunity Claims
• Court Relies on Due Process Argument to Dismiss Website Accessibility Suit

2018 Advertising and Privacy Law Webinar Series

Please join Kelley Drye in 2018 as we continue our well attended Advertising and Privacy Law Webinar Series. Like our in-person events, this series gives key updates and provides practical tips to address issues faced by counsel as well as CLE credit. This webinar series will start again in February 2018. Please revisit the 2017 webinars here.

With the complexity of today’s product safety regulatory environment and the civil penalty amounts for failure to report safety hazards, it is more important than ever for manufacturers and retailers to identify and resolve potential liability issues confidentially before they draw scrutiny from regulators and negative publicity.

Please join chair of Kelley Drye’s Advertising and Marketing and Consumer Product Safety practice Christie Grymes Thompson for an update on consumer product safety. The webinar will cover hot button legal issues and summarize significant developments in consumer product safety and at the Consumer Product Safety Commission.

Kelley Drye Speakers:

Christie Grymes Thompson, Partner

To register, please click here.

CLE Information:

Kelley Drye is an accredited provider of NY, IL & CA CLE. This non-transitional continuing legal education program has been approved for 1.0 NY Professional Practice credit, 1.0 Illinois credit, and 1.0 CA General credit. We will apply for CLE credit in other jurisdictions, upon request, but cannot guarantee approval. If you are interested in applying to receive CLE credit, please include your desired jurisdiction and your bar registration number when you register.

Follow the Practice

Thank you again for attending the Summit. We hope you enjoyed the content and opportunity to connect with others who regularly handle advertising and privacy issues. The presentations and supporting materials from the Summit and Boot Camp are also available on our blog using the same KelleyDryeAdLaw password. We welcome your feedback, so please send it to [email protected].

To stay up to date throughout the year and learn the latest developments on consumer protection issues, please subscribe to our blog, Ad Law Access, follow us on LinkedIn, Facebook, Twitter.

See you in 2017!

More than 110 attendees from a broad range of industries across the U.S. gathered at the newly-reopened Watergate Hotel and heard from experts in various areas of the law. Maureen K. Ohlhausen, Commissioner of the Federal Trade Commission, and Jessica Rich, Director of the Federal Trade Commission’s Bureau of Consumer Protection, were the Summit’s keynote speakers.

The Washington Post took notice of the Summit’s timely topics and bold venue choice. Kelley Drye’s Advertising and Marketing Practice Group Chair Christie Grymes Thompson was quoted in the article: “Given the historical significance of the complex, we figured it was a terrific place to discuss deception, public policy and invasion of privacy.” Christie also commented that “We are thrilled to have had such great engagement at this year’s Summit. The guests appreciated the deep dive into topics that are relevant to the broad array of companies marketing to consumers in the U.S.”

At the Summit, speakers discussed the current regulatory and litigation climate and developing marketing trends, including investigative and enforcement priorities at the FTC, CFPB, FDA, FCC, DOJ, and NAD; real-time marketing; consumer-friendly disclosures; consumer and privacy class actions; cyber scandals and the EU-US Privacy Shield; cross device tracking; corporate social responsibility initiatives; and dealing with whistleblowers and internal complaints.

Details regarding the agendas and speaker line-ups are available here and here.

Kelley Drye’s Advertising and Marketing practice has a national reputation for excellence. No other firm can match our record in advertising litigation and National Advertising Division (NAD) proceedings, our substantive strength in the areas of advertising, promotions, privacy, and consumer protection law, and our experience at the Federal Trade Commission (FTC), the offices of state Attorneys General, and the broadcast networks. Follow the practice via our blog, Ad Law Access, and find pictures from the event on LinkedIn, Facebook or Twitter.

At last week’s Strata + Hadoop Worldwide Big Data Conference those “in the know” about all things Silicon Valley prophesized that “data is the new bacon.” Witty comparisons aside, there is no question that big data has matured. Companies across all industry types are clamoring to leverage every possible gigabyte of available consumer data. As the industry has grown up, the list of FTC settlements involving privacy and data security has grown along with it – totaling more than 100 cases presently.

As Kelley Drye Partner, Alysa Hutnik explained in her conference panel (It’s a brave new world: Avoiding legal privacy and security snafus with big data and the IoT), the FTC has made it clear that it is not just interested in mature companies when it comes to privacy and data security issues. The agency is closely monitoring practices by both startups and “grown up” companies.

So what is the FTC interested in presently? Last week, the FTC announced that it will host a fall seminar series to examine three emerging consumer technology issues that, according to the FTC, are raising critical consumer protection issues. These workshops will address ransomware and related data security issues, privacy and other considerations associated with the use of drones, and tracking consumer habits through their Smart TVs. This week, the FTC also announced that it will hold its second PrivacyCon event, seeking to explore new and evolving technologies, such as targeted advertising, cross-device tracking, smart homes, health and fitness wearables, voice-controlled technologies, connected cars, and commercial drones. And, as those of you who follow this area know, the most common pattern is workshops, followed by guidance, followed by enforcement. Smart companies of all ages should pay close attention.

Kelley Drye Speakers include Alysa Zeltzer Hutnik, Partner and Dana B. Rosenfeld, Partner.

Under Lew's leadership, the advertising and marketing practice group received a Tier 1 ranking in the “Advertising Law – National” and “Advertising Law – DC” categories in the “Best Law Firms” studies published by U.S. News & World Report and Best Lawyers. In 2014, Lew was named Best Lawyers' Washington, D.C. "Lawyer of the Year" for Advertising and Marketing Law and Kelley Drye's DC office was named a 2014 Top Place to Work by The Washington Post and one of the Best Places to Work by the Washington Business Journal.

Additionally, Bankruptcy and Restructuring Practice Group Chair Jim Carr has been elected chair of the firm. Jim and Lew will lead a cross-office management team that reflects Kelley Drye’s presence in six cities nationwide.

To read the full announcement, please click here.

Kelley Drye is delighted to have U.S. Representative Jackie Speier of California’s 14th Congressional District and the House Committee on Oversight and Government Reform as our keynote speaker. Other featured speakers from government, industry, and the advocacy community include:

• Mary Engle, Associate Director, Division of Advertising Practices, FTC
• Malini Mithal, Assistant Director, Division of Financial Practices, FTC
• Ellen Doneski, Majority Staff Director & Chief Counsel, Senate Committee on Commerce, Science and Transportation
• Alan Korn, Executive Director, Abbey’s Hope Charitable Foundation
• Debbie Matties, Vice President of Privacy, CTIA – The Wireless Association®
• Lee Peeler, President and CEO of the Advertising Self-Regulatory Council (ASRC)

Please click here to read the complete announcement.

For instance, the Revised Guide explains that advertisers must account for the anticipated use of smartphones and tablets by either creating a mobile-optimized version that the ad will default to or designing the ad such that disclosures are clear and conspicuous regardless of how they are viewed. Additionally, the Revised Guide sets forth new considerations for advertisers using space-constrained ads, including the capacity to use short form disclosures such as “Ad:” and the possibility of republication by consumers.

For more information, see the Kelley Drye client advisory.

On November 16th, Kelley Drye held a webinar which discussed the new rules of the road for mobile communications, marketing, and sweepstakes, and offered suggestions for reaching consumers while mitigating the legal risks.

Click here to download the slides from the webinar and click here to watch the recording.

Topics Include:

• An overview of the legal landscape, including the key regulators and their jurisdiction.
• Guidelines for text message campaigns.
• Recent developments on “robocalls.”
• Marketing to children.
• Location-based services and the use of location information.
• Mobile sweepstakes and contests.
  

Kelley Drye Speakers:

Steven A. Augustino, Partner

John J. Heitmann, Partner

Gonzalo E. Mon, Partner

Date:

October 30, 2012
12:00 PM - 1:00 PM EDT

Location:
Webinar

Additional Information:

Registration is free of charge. Please click here to register.