Kelley Chittenden

Firm/Organization: Reed Smith LLP

Blogs: AdLaw By Request®, FinTech Update, Technology Law Dispatch

Latest Articles

EU and U.S. second annual review of Privacy Shield

By Cynthia O’Donoghue & Kelley Chittenden

November 14, 2018

The European Union and the United States have now conducted the second annual review of Privacy Shield, a framework which regulates and facilitates the exchange of personal data across the Atlantic. The European Commission will publish its conclusions in a report at the end of this month. The EU-U.S. Privacy Shield mechanism EU organisations that want to transfer personal data to recipients outside the EU/EEA must assess whether the recipient country ensures an adequate level…

Technology Law Dispatch

FTC continues aggressive enforcement of Privacy Shield

By Cynthia O’Donoghue, Gerard Stegmaier & Kelley Chittenden

September 28, 2018

On Thursday, September 27, the Federal Trade Commission (FTC) announced settlements with four companies, IDmission, LLC, mResource LLC (doing business as Loop Works, LLC), SmartStart Employment Screening, Inc., and VenPath, Inc., following allegations that the companies falsely claimed to be certified under the EU-U.S. Privacy Shield. Specifically, the FTC alleged that IDmission, LLC misrepresented participation in the program by claiming certification on its website despite never completing the steps necessary to participate…

Technology Law Dispatch

September 4, 2018: NYDFS Cybersecurity Regulation Compliance date arrives

By Kelley Chittenden

September 4, 2018

As of today, Covered Entities are expected to be compliant with additional provisions under the New York State Department of Financial Services (NYDFS) cybersecurity regulation. A “Covered Entity” is any individual or non-governmental entity “operating under or required to operate under a license, registration, charter, certificate, permit, accreditation or similar authorization under the Banking Law, the Insurance Law or the Financial Services Law.” 23 NYCRR 500.01. The cybersecurity regulation became effective March 1, 2017,…

Technology Law Dispatch

Privacy shield team issues guidance

By Gerard Stegmaier & Kelley Chittenden

August 21, 2018

This month, the Privacy Shield Program posted answers to Frequently Asked Questions. The Privacy Shield provides a mechanism to comply with data protection requirements when transferring personal data from the European Union to the United States in support of transatlantic commerce. The general guidance addresses topics such as the continued status of the Privacy Shield as a data transfer mechanism under the EU’s General Data Protection Regulation, the Privacy Shield’s relationship to the Clarifying…

FinTech Update

CFPB Picks Paul Watkins to Lead Office of Innovation

By Herbert F. Kozlov, Kari Larsen, Maria B. Earley & Kelley Chittenden

August 6, 2018

On July 18, 2018, Acting Director Mick Mulvaney of the Consumer Financial Protection Bureau (“CFPB”) announced that Paul Watkins will head the CFPB’s new Office of Innovation. According to the press release, the office, which Mulvaney created to focus on consumer-friendly innovation, “will focus on creating policies to facilitate innovation, engaging with entrepreneurs and regulators, and reviewing outdated or unnecessary regulations.” Watkins previously managed the first state fintech regulatory sandbox in the United States…

FinTech Update

Digital Tokens and Coins Advisories and Regulatory Proposals – CFTC and Financial Stability Board Pronouncements

By Herbert F. Kozlov, Kari Larsen & Kelley Chittenden

July 20, 2018

CFTC Customer Advisory On Monday, the Commodity Futures Trading Commission (“CFTC” or “Commission”) issued its fourth virtual currency customer advisory, Customer Advisory 7756-18, as part of its outreach effort to educate market participants. Titled, Use Caution When Buying Digital Coins or Tokens, the advisory warns customers of the risks of speculation of future value and fraud; it ultimately advises that the best protection is to exercise caution and to extensively research digital tokens and…

FinTech Update

CFTC Issues Guidance on Listing Virtual Currency Derivatives

By Herbert F. Kozlov, Kari Larsen & Kelley Chittenden

June 1, 2018

Last week, the Market Oversight and Clearing and Risk Divisions of the Commodity Futures Trading Commission (“CFTC” or “Commission”) issued Staff Advisory No. 18-14 regarding virtual currency derivative product listings. The advisory serves as guidance to exchanges and clearinghouses in the context of listing derivative contracts based on virtual currency under Commission Regulations 40.2 (self-certification) or 40.3 (voluntary submission for Commission review and approval) in order to promote effectiveness and efficiency in the emerging area…

Technology Law Dispatch

Supreme Court drops hints about upcoming privacy decision in Carpenter

By Timothy Kim & Kelley Chittenden

May 25, 2018

As previously reported, the Supreme Court on November 29 heard arguments in Carpenter v. United States, an important privacy case about the Fourth Amendment’s application to 127 days’ worth of a criminal suspect’s cell-site location information. While the Court has yet to decide the case, its decisions last week in Byrd v. United States and earlier this Term in District of Columbia v. Wesby (argued by one of this post’s authors) hint of…

AdLaw By Request®

Company Settles Credit Card Laundering Scheme With FTC

By Kelley Chittenden & Jason Gordon

April 9, 2018

Last month, the FTC announced a $1,384,500 settlement with Michael Abdelmesseh and KMA Merchant Services, LLC in a lawsuit regarding a deceptive credit card laundering scheme. The FTC alleged that the defendants telemarketed fraudulent business opportunities to consumers that involved false promises of thousands of dollars in income as commission for loans made to small businesses referred by those consumers in violation of Section 5 of the FTC Act and the Telemarketing Sales Rule. The…

AdLaw By Request®

Let the Chips Fall Where They May: Frito-Lay Litigates No Artificial Flavors Claim

By Kelley Chittenden & Jason Gordon

April 9, 2018

Last month, a federal judge denied Frito-Lay’s motion to dismiss a lawsuit involving allegations that its “Salt and Vinegar Flavored Potato Chips” contain artificial flavors. Specifically, the plaintiffs asserted that Frito Lay: (1) did not specify the type of malic acid on the ingredient panel; and (2) falsely labeled the chips as containing no artificial flavors, because the chips contain malic acid (which the plaintiffs allege is artificial). Frito-Lay argued it is under no obligation…

Kelley Chittenden

EU and U.S. second annual review of Privacy Shield

FTC continues aggressive enforcement of Privacy Shield

September 4, 2018: NYDFS Cybersecurity Regulation Compliance date arrives

Privacy shield team issues guidance

CFPB Picks Paul Watkins to Lead Office of Innovation

Digital Tokens and Coins Advisories and Regulatory Proposals – CFTC and Financial Stability Board Pronouncements

CFTC Issues Guidance on Listing Virtual Currency Derivatives

Supreme Court drops hints about upcoming privacy decision in Carpenter

Company Settles Credit Card Laundering Scheme With FTC

Let the Chips Fall Where They May: Frito-Lay Litigates No Artificial Flavors Claim

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