Kelley Drye & Warren LLP

A powerhouse firm with the heart of a boutique, Kelley Drye values the success of our clients above all. Skilled practitioners in the areas of litigation, regulatory, real estate, corporate and bankruptcy combine talents to address the unique complexities of our clients’ legal challenges. We are practical in our advice and creative in our approach.

U.S. Companies Must Wind Down Transactions with Sanctioned Belarusian State-Owned Enterprises By June 3rd

By Robert Slack & Julia Kuelzow

May 7, 2021

The Office of Foreign Assets Control (“OFAC”) recently tightened sanctions on Belarus by revoking and replacing General License 2G with General License 2H. General License 2H now requires U.S. persons to wind down transactions involving the following Belarusian Specially Designated Nationals and their subsidiaries by June 3, 2021: Belarusian Oil Trade House Belneftekhim Belneftekhim USA, Inc. Belshina OAO Grodno Azot OAO Grodno Khimvolokno OAO Lakokraska OAO Naftan OAO Polotsk Steklovolokno OAO Wind down transactions in excess of…

Trade and Manufacturing Monitor

Over $8 Million in Fines – SAP Case Highlights Sanctions Risks and Compliance Expectations for Cloud Providers and Software Companies

By Robert Slack & Julia Kuelzow

May 6, 2021

Last week, three U.S. agencies – the Office of Foreign Assets Control (“OFAC”), the U.S. Department of Commerce (“Commerce”), and the U.S. Department of Justice (“DOJ”) – announced the global resolution of apparent U.S. sanctions violations by SAP SE (“SAP”), a German software company. The settlement agreements with OFAC and Commerce, and the non-prosecution agreement with DOJ, highlight sanctions risks specific to the cloud and software industry and provide insight on the U.S. government’s compliance…

Ad Law Access

Key Developments in CCPA Litigation for Q1 2021

By Alysa Zeltzer Hutnik, Paul A. Rosenthal, William Pierotti, Tahir L. Boykins & Lauren Zhang

May 4, 2021

As we move deeper into the second year of CCPA litigation, the substantive issues continue to develop and we remain focused on the patterns and implications of recent filings and rulings. In this post, we highlight notable developments in three cases that occurred in the first quarter of 2021. These cases raise significant issues regarding judicial interpretation of the private right of action in the CCPA, the definition of a “data breach,” and CCPA…

Ad Law Access

Ad Law Access Podcast – Privacy Compliance Tech-Tools and Strategies

By Alysa Zeltzer Hutnik

May 4, 2021

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With AdTech (tracking individuals and their online or in app behaviors to build a profile of them to better serve and more effectively target them) and MarTech (strategies and technologies to generate demand, attention, and sales for a product) now the most celebrated or perhaps infamous areas in privacy today, being a privacy lawyer has changed dramatically in just a few years. Privacy lawyers are not only counseling and guiding companies along the lines of…

Cannabis Law Update

CBD and Hemp Legal and Regulatory Roundup – April 30, 2021

By Kelley Drye

April 30, 2021

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Welcome to our weekly roundup of CBD and hemp-related legal and regulatory news: CBD Study examining pharmacological, placebo effects of CBD for pain reveal complex psychological, biological factors A study explored the pain-reducing effects of CBD as well as the impact of the placebo effect on pain outcomes. The study found CBD and expectancies for receiving CBD don’t appear to reduce experimental pain intensity but do make the pain feel less unpleasant. The data showed…

CommLaw Monitor

Ding, Ding: Round 2 of the Telehealth Program Begins

By Steve Augustino

April 29, 2021

The application window for Round 2 of the COVID-19 Telehealth Program opened today at 12PM ET and will close at 12 PM ET on Thursday, May 6, 2021. As we have covered, the first round of funding was quickly distributed to over 200 applicants in over 40 states, with all funding exhausted by July 2020. Then, in December 2020, Congress authorized additional money to support telehealth services provided by non-profit and public healthcare organizations…

CommLaw Monitor

FCC Sets Start Date for Emergency Broadband Benefit Program

By Joshua Guyan & John J. Heitmann

April 29, 2021

After nearly four months of work, the FCC announced today that the Emergency Broadband Benefit Program (“EBBP”) will launch on Wednesday, May 12, 2021. Providers participating in the EBBP can begin enrolling eligible households into the program to receive supported service. Nearly 750 providers are qualified to offer EBB-supported services, with service discount reimbursements of up to $50 per subscriber ($75 in tribal areas) and equipment discount reimbursements of up to $100 available. The FCC…

Ad Law Access

Congressional Democrats Sound the Alarm, Rally In an Effort to Restore Pre-AMG 13(b) Enforcement Authority

By John E. Villafranco & Maggie Crosswy

April 28, 2021

Yesterday, less than a week after the Supreme Court’s unanimous decision in AMG Capital Management v. FTC, two Congressional committees zeroed in on the FTC’s hollowed-out Section 13(b) authority, the fate of which now lies squarely with Congress. Leading Democrats in both chambers have expressed the urgent need for legislation to clarify and strengthen the statute in AMG’s wake. As stated by House Energy and Commerce Committee Chairman Frank Pallone (D-NJ) on Tuesday, “What my…

Ad Law Access

Ninth Circuit Moves Quickly to Apply AMG

By John E. Villafranco & Bez Stern

April 28, 2021

The 13(b) dominoes are beginning to fall. Last week, a unanimous AMG Court found that Section 13(b) does not allow for monetary remedies. A panel of the Ninth Circuit, in Federal Trade Commission v. Cardiff et al, quickly took that decision to heart. In a brief, three-paragraph order, the per curiam panel vacated the district court’s preliminary injunction order, that had been entered into “to preserve assets pending a final judgment that could include…

Ad Law Access

Lina Khan Confirmation Hearing Signals Potential Big Changes for FTC

By Aaron Burstein, Saira Nayak & Kaelyne Yumul Wietelman

April 26, 2021

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Lina Khan’s nomination to be an FTC Commissioner took an important step forward on April 21 with her testimony before the Senate Commerce Committee. Unsurprisingly, Khan’s testimony underscored her interest in ramping up antitrust scrutiny of large internet platforms. Khan first rose to prominence in the antitrust world with the publication of her article Amazon’s Antitrust Paradox in the Yale Law Journal in 2016. Khan argues that antitrust standards based on consumer welfare – measured…

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U.S. Companies Must Wind Down Transactions with Sanctioned Belarusian State-Owned Enterprises By June 3rd

Over $8 Million in Fines – SAP Case Highlights Sanctions Risks and Compliance Expectations for Cloud Providers and Software Companies

Key Developments in CCPA Litigation for Q1 2021

Ad Law Access Podcast – Privacy Compliance Tech-Tools and Strategies

CBD and Hemp Legal and Regulatory Roundup – April 30, 2021

Ding, Ding: Round 2 of the Telehealth Program Begins

FCC Sets Start Date for Emergency Broadband Benefit Program

Congressional Democrats Sound the Alarm, Rally In an Effort to Restore Pre-AMG 13(b) Enforcement Authority

Ninth Circuit Moves Quickly to Apply AMG

Lina Khan Confirmation Hearing Signals Potential Big Changes for FTC

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