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Supreme Court Sets Oral Argument in AMG Capital Management

By John E. Villafranco & Bez Stern

November 25, 2020

This morning, the Supreme Court released its calendar for its January 2021 oral arguments. AMG Capital Management, LLC v. FTC is on the docket. Oral argument in AMG has been scheduled for January 13, 2020. As we’ve noted in prior posts, the High Court in AMG will review the question of whether or not Section 13(b) of the FTC Act authorizes the FTC to seek monetary relief from the individuals and entities it pursues…

Ad Law Access

Off Giving Thanks

By Jeff Scurry

November 24, 2020

Barring an advertising or privacy law emergency, like you, we’ll be taking the next few days off to give thanks and spend time with family. Next week, please join us for: 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…

Labor Days

Change is In the Air – L&E Under The Biden-Harris Administration

By Barbara E. Hoey, Mark A. Konkel & Janine Fletcher-Thomas

November 24, 2020

On January 20, 2021, Vice President Joseph R. Biden Jr. will be sworn in as the 46th president of the United States. Whichever side of the political spectrum you fall on, there can be no question that this is going to signal changes – and not all of them positive – for employers. For all the tumult of the Trump years, the current administration has helped create an unquestionably employer-friendly environment, largely by rolling back…

Kelley Green Law

EPA Extends TSCA Chemical Data Reporting Deadline to January 29

By Joseph Green

November 23, 2020

Citing difficulties experienced by numerous submitters using EPA’s online reporting portal, the agency has extended the TSCA Chemical Data Reporting (CDR) deadline for two months. The CDR rule requires manufacturers (including importers) of chemical substances listed on the TSCA Chemical Substance Inventory to report data on chemical manufacturing, processing, and use every four years. The information collected through the CDR program, according to the agency, “helps EPA understand exposure to these chemicals and screen and prioritize…

Ad Law Access

Anxiety Can’t Overcome Mandatory Face Mask Policy

By Jaclyn Metzinger & Lauren Margolies

November 20, 2020

Face covering and mask policies have caused unrest and inconvenience for many in-person shoppers since the beginning of the COVID-19 pandemic, and continue to provoke controversy. Some individuals believe that these policies infringe on their constitutional rights, while others allege such policies violate the American with Disabilities Act as applied to individuals who are unable to comply with these policies due to a variety of health conditions or disabilities. In a recent decision, a Pennsylvania…

Ad Law Access

Peloton Faces Uphill Ride on “Ever-Growing” Claims

By Gonzalo E. Mon

November 19, 2020

Peloton Interactive sells exercise bikes and treadmills that can stream live and on-demand fitness classes. For a while, the company advertised that its library of classes was “ever-growing.” Although that may have been true when the company first made the claim, things changed. In response to a lawsuit related to the music used in some classes, Peloton cut more than half of its content in 2019. Soon after, plaintiffs filed a class action lawsuit against…

CommLaw Monitor

FCC Highlights Reallocating the 5.9 GHz Band at November Open Meeting

By Joshua Guyan, Bradford Currier & Carolyn Mahoney

November 17, 2020

Headlining the FCC’s next open meeting, scheduled for November 18 is an item to adopt proposed rules to reallocate the 5.9 GHz band. The FCC would repurpose the lower 45 megahertz of the band for unlicensed use, while retaining the upper portion of the band for Intelligent Transportation Systems (“ITS”) operations and transitioning to Cellular Vehicle-to-Everything (“C-V2X”) technology. The Commission plans to seek additional comment on proposed technical rules for outdoor unlicensed use and…

Trade and Manufacturing Monitor

New Executive Order Targets Investments in Chinese Companies Linked to the Military

By Robert Slack

November 17, 2020

On November 12, 2020, the President issued Executive Order 13959 (the Order) to prohibit U.S. persons from purchasing the publicly traded securities of certain companies that are affiliated with China’s military. While the Order does not come into force until January 11, 2021, U.S. financial services companies and U.S. investors will need to carefully review the Order to assess its potential impact. What companies are targeted by the Order? The Order applies to the securities of…

CommLaw Monitor

FCC Announces Opening of Connected Care Pilot Program Application Filing Window

By John J. Heitmann & Carolyn Mahoney

November 16, 2020

On November 5, 2020, the Federal Communications Commission (“Commission” or “FCC”) released a Public Notice announcing the opening of the Connected Care Pilot Program (“Connected Care Program”) 30-day application filing window, which opened on Friday, November 6 at 12:00 pm ET. The Public Notice provides additional details on the application window and guidance on the Pilot Program application process. The application window will close on Monday, December 7, 2020 at 11:59 pm ET.…

Ad Law Access

Zoom Agrees to Settle FTC’s Data Security Charges

By Aaron Burstein & Lauren Myers

November 10, 2020

Seven months after being called upon by members of Congress to investigate Zoom’s data security practices, a divided FTC announced on November 9 a settlement with the videoconferencing platform. The FTC’s five-count administrative complaint alleges that Zoom deceived users about several of its security features and harmed users by circumventing security and privacy controls provided by their operating systems and browsers. The proposed consent order requires Zoom to make changes to its data security practices,…

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Supreme Court Sets Oral Argument in AMG Capital Management

Off Giving Thanks

Change is In the Air – L&E Under The Biden-Harris Administration

EPA Extends TSCA Chemical Data Reporting Deadline to January 29

Anxiety Can’t Overcome Mandatory Face Mask Policy

Peloton Faces Uphill Ride on “Ever-Growing” Claims

FCC Highlights Reallocating the 5.9 GHz Band at November Open Meeting

New Executive Order Targets Investments in Chinese Companies Linked to the Military

FCC Announces Opening of Connected Care Pilot Program Application Filing Window

Zoom Agrees to Settle FTC’s Data Security Charges

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