Ad Law News and Views-November 11, 2015
Recent News
NAD Addresses Reviews Incentivized by a Sweepstakes
FTC Hosts Workshop on Lead Generation
FDA Stays Final Guidance on INDs for Foods and Dietary Supplement Studies
Lawsuit Over Website Accessibility Highlights Importance of Compliance
Safe Harbor Update: The European Commission Issues Guidance on the Schrems Decision
European Commissioner Seeks Higher Data Protection under Revised U.S. Safe Harbor
Honors & Awards
U.S. News & World Report and Best Lawyers Honor Kelley Drye with 2016 First-Tier Rankings
Kelley Drye & Warren LLP was recognized by U.S. News & World Report and Best Lawyers in its 2015-2016 report of Best Law Firms. For the sixth consecutive year, Kelley Drye’s Advertising Law practice group has been honored with a top national ranking. Read more…
Analysis
Electronic Frontier Foundation Publishes New DNT Standard
The article “Electronic Frontier Foundation Publishes New DNT Standard” appeared in E-Commerce Law & Policy. On August 3 rd the Electronic Frontier Foundation (‘EFF’), privacy company Disconnect, and a coalition of internet companies announced the creation of a new policy standard providing a stronger ‘Do Not Track’ (‘DNT’) setting for web browsing. This article provided the context surrounding the creation of the new policy standard and discussed the specific requirements and what the future holds for DNT. Read more…
Lawsuit Highlights Importance of ADA Compliance
Partner Gonzalo E. Mon authored the Retailing Today article “Lawsuit highlights importance of ADA compliance.” Earlier this month, Reebok was hit with a proposed class action alleging that the company’s website violates the Americans with Disabilities Act (ADA) because it is not accessible to the blind. The plaintiffs argue that Reebok.com contains “thousands of access barriers” that make it difficult for blind customers to use the site. Because of this, the plaintiff is asking the court to require Reebok to fix its site and pay damages. Mr. Mon explains that, although these types of cases have been on the rise in recent years, they still come as a surprise to people who are used to thinking of the ADA only in terms of things like wheel chair ramps and handicapped parking spaces. He goes on to describe issues surrounding “places of public accommodation” and what companies should consider in order to ensure that their websites comply with the ADA. Mr. Mon lists two key reasons why many website fail to comply. First, that some companies are simply not aware of the requirements. And second, that some companies who are aware have decided that the costs of modifying their websites outweigh the risks of getting caught. Read more…
Upcoming Events and Speeches
Preparing for the Worst: A Step by Step Guide to Understanding How the FTC Advertising Claims Process Works
November 17, 2015”,“WEBINAR
Kelley Drye Webinar
Dr. Steven Weisman
The American Position on OBA and Protecting Privacy — What Canadians Can Learn
January 19, 2016”,“TORONTO, CANADA
The Canadian Institute’s 22nd Annual Advertising & Marketing Law Conference
Dana B. Rosenfeld