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Latest from Kelley Drye & Warren LLP

FTC Chairman Joe Simons recently acknowledged the Commission’s plan to use its authority under Section 6(b) of the FTC Act to examine the data practices of large technology companies.  In written responses to questions from members of the U.S. Senate Commerce Committee following in-person testimony in November 2018, Chairman Simons confirmed that plans were underway to gather information from tech companies, though the specific targets or areas of focus remained under consideration. As described by …
In February 2018, I reported on a 20-state objection brief, filed with the U.S. Supreme Court, asking the Court to reverse the approval of the class action settlement in Gaos v. Google.  That deal would have distributed a few million dollars to nonprofit groups, while the AGs wanted money paid to real people, even if that meant holding a lottery to do it.  Today, although the Supreme Court reversed the settlement, it did so on standing…
Earlier today, US EPA released the inaugural draft list of 20 “high priority” and 20 “low priority” chemicals for risk evaluation purposes as required by the 2016 amendments to the Toxic Substances Control Act (TSCA).   EPA must finalize the listings by December 2019, at which point “high priority” chemicals will be required to go through the new TSCA risk evaluation process (the “low priority” designation indicates that risk evaluation is not warranted at this time).…
“Yes FCC, we meet again old friends” was the message comedian John Oliver had for the FCC on his show Last Week Tonight, when he devoted nearly 20 minutes to an in-depth criticism of “robocalls” and the FCC’s approach to regulating such calls. (Oliver had previously taken aim at the FCC in multiple segments about net neutrality – which included comparing then-FCC Chairman Tom Wheeler to a dingo – and he allegedly crashed the FCC’s …
Last week, China amended a draft of a proposed foreign-investment law in an effort to address global concern over forced technology transfers.  The new law, which bans officials from divulging corporate secrets, was approved by the Chinese legislature on Friday.  The amendments were made shortly before the law was put to a vote and are seen as a concession to the U.S. as part of the ongoing trade negotiations. Chinese forced technology transfers are one…
Last week, China amended a draft of a proposed foreign-investment law in an effort to address global concern over forced technology transfers.  The new law, which bans officials from divulging corporate secrets, was approved by the Chinese legislature on Friday.  The amendments were made shortly before the law was put to a vote and are seen as a concession to the U.S. as part of the ongoing trade negotiations. Chinese forced technology transfers are one…
03/13/2019 – Region 4 OSHA News Release – U.S. Department of Labor Cites South Florida Restaurant Operator For Safety Violations After Employee Suffers Burn Injuries 03/11/2019 – Region 5 OSHA News Release – U.S. Department of Labor Cites Wisconsin Aluminum Castings Manufacturer After Three Employees Develop Occupational Lung Disease 03/08/2019 – OSHA Trade Release – OSHA Requests Information on the Powered Industrial Trucks Standard 03/06/2019 – Region 4 OSHA News Release – U.S. Department of…
Last week, in Cline v. Touchtunes Music Corp., No. 18-1756,  the Second Circuit Court of Appeals upheld a Manhattan district judge’s decision to approve a low-cost class action settlement in what the judge termed a “nuisance” case, while basically zeroing out the $100,000 fee requested by the plaintiffs’ class counsel. Defendants who have faced silly but not entirely motionable class actions can momentarily enjoy the schadenfreude of watching a plaintiff’s law firm come away with nothing…
The anticipated issuance of a final Proposition 65 exemption for chemicals, such as acrylamide, “created by and inherent in the processes of roasting coffee beans or brewing coffee,” has been delayed to allow for an additional comment period to address a modest clarification to the pending regulation.  Earlier today, the California Office of Environmental Health Hazard Assessment (OEHHA), which oversees the Prop 65 program, announced a new (and brief) comment period until April 2 on…
U.S. Reps. Terri Sewell (D-AL) and Fred Upton (R-MI) on Wednesday introduced legislation (H.R. 1710) that would preclude President Trump from imposing  Section 232 tariffs on imported automobiles and automotive parts until the U.S. International Trade Commission (USITC) conducts “a study of the economic well-being, health, and vitality of the United States auto-motive industry.”  The bill seeks to require the USITC to analyze a number of specific factors including the “effect an increase…