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. Government Bans TikTok and WeChat Downloads Beginning Sunday

By Robert Slack & Jennifer Liu

September 18, 2020

Today, the U.S. Department of Commerce announced new prohibitions on certain transactions involving the WeChat and TikTok mobile applications pursuant to two Executive Orders issued last month. The new restrictions, spelled out in Federal Register notices available here and here, restrict U.S. companies from providing certain services to Tencent and ByteDance that support the continued distribution and operation of the WeChat and TikTok mobile applications in the United States. As a result, beginning…

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Colgate-Palmolive Must Sweat Out Limited Claims in Deodorant False Advertising Case

By Jaclyn Metzinger & Glenn Graham

September 18, 2020

In Huskey v. Colgate-Palmolive Company, No. 4:19-cv-02710-JAR (E.D. Mo.), plaintiffs Drew Huskey and Jamie Richard (Plaintiffs) claimed that Colgate-Palmolive Company (Colgate) falsely advertised that its Speed Stick Stainguard antiperspirant products (Speed Stick) fight yellow stains and white marks on clothing. Plaintiffs claimed that they purchased Speed Stick, but continued to experience marks and stains on their clothing. The Complaint asserted claims for breach of implied warranty, breach of implied contract, unjust enrichment and injunctive relief…

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Filling in the Holes: Dunkin Settles Breach Allegations with NYAG

By Alysa Zeltzer Hutnik & Carmen Hinebaugh

September 16, 2020

On Tuesday, the New York Attorney General Letitia James announced a settlement with Dunkin’ Brands, Inc. over allegations that the company failed to adequately respond to years of cyberattacks that compromised customers’ online accounts. According to the lawsuit, Dunkin’ customers with “DD Perks” accounts were first targeted in early 2015 in a series of “credential stuffing attacks” — which were automated attempts to gain access to accounts using usernames and passwords stolen through security breaches…

Trade and Manufacturing Monitor

New Export Control Test for CFIUS Mandatory Critical Technology Filings

By Eric McClafferty & Jennifer Liu

September 16, 2020

On September 14, 2020, the U.S. Department of Treasury, as Chair of the Committee on Foreign Investment in the United States (CFIUS), published final regulations changing the mandatory CFIUS declaration requirements for transactions involving U.S. businesses that produce, design, test, manufacture, or develop critical technologies. Previously, the regulations provided that a CFIUS declaration was mandatory for certain critical technology transactions where the U.S. business involved was part of a listed industry. The new regulations provide…

Trade and Manufacturing Monitor

New Legal Action Provides Opportunity for Refunds on Products Impacted by China 301 Tariffs

By Brooke Ringel & Jennifer McCadney

September 16, 2020

Importers of vinyl flooring filed a case at the U.S. Court of International Trade (CIT) on September 10, challenging the Administration’s application of tariffs on products from China on Lists 3 and 4 pursuant to USTR’s intellectual property Section 301 investigation. The complaint alleges that the President’s imposition of tariffs to products on these lists, which covers approximately $320 billion in trade, exceeded authority granted by the Trade Act of 1974 and that the agency’s…

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NAD Addresses Disclosures on Influencer TikTok Videos

By Gonzalo E. Mon

September 15, 2020

In its Disclosures 101 for Social Media Influencers guide, the FTC recommended that when an influencer promotes a brand in a video, the influencer should disclose any connection it has to the brand in the video itself. In other words, the disclosure shouldn’t just appear in the description that accompanies the video. Although we haven’t seen this come up in FTC cases, a new NAD decision examines why this could be important. Procter & Gamble…

Labor Days

North Carolina Also Bans-The-Box

By Matthew C. Luzadder & Janine Fletcher-Thomas

September 15, 2020

Today, most Americans live in a jurisdiction that has enacted a “ban-the-box” law (also known as a “fair chance” law). Ban-the-box laws restrict employers from inquiring about an applicant’s criminal background at various stages of the hiring process. The purpose of these laws are to enable an ex-offender to display his or her qualifications in the hiring process before he or she must disclose a criminal record. In fact, the origin of the laws’ colloquial…

Labor Days

Back to School Cheat Sheet for Employers: New York

By Barbara E. Hoey & Nicholas J. Kromka

September 15, 2020

Summer is coming to an end, and you know what that means: school is back in session. We’ve previously provided general guidance on the challenges facing students, parents and employers this fall as students return to school during the pandemic. This post focuses specifically on what employers doing business in New York should be considering. The same overarching analysis applies when determining your obligations if an employee is seeking leave to care for children who…

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Section 13(b) of the FTC Act to Figure in New Supreme Court Term

By John E. Villafranco

September 14, 2020

Next month, the Supreme Court starts its new term, one that has particular significance for practitioners litigating before and against the FTC. In In our first ever video blog, partner John Villafranco discusses the two consolidated cases that will be heard this term, Federal Trade Commission v. Credit Bureau Center, LLC and AMG Capital Management, LLC v. Federal Trade Commission, and how the Court is set to decide whether Section 13(b) of the FTC …

Labor Days

UPDATE: EEOC Updates COVID-19 Technical Assistance Publication with Q&A

By Barbara E. Hoey & Nidhi Srivastava

September 14, 2020

The EEOC again updated its Technical Assistance Questions and Answers (Q&A), which we have been following closely, and previously covered on June 11, 2020. In its most recent update, the EEOC addressed specific questions related to administering COVID-19 tests (Q&A, A.7); permitting employees into the physical workplace, and permissible COVID-19 questions (Q&A, A.8, A.9, A.11, A.12, A.13, and A.14). The EEOC also updated its guidance regarding confidentiality of medical information (B.5, B.6, B.7, and B.8),…

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U.S. Government Bans TikTok and WeChat Downloads Beginning Sunday

Colgate-Palmolive Must Sweat Out Limited Claims in Deodorant False Advertising Case

Filling in the Holes: Dunkin Settles Breach Allegations with NYAG

New Export Control Test for CFIUS Mandatory Critical Technology Filings

New Legal Action Provides Opportunity for Refunds on Products Impacted by China 301 Tariffs

NAD Addresses Disclosures on Influencer TikTok Videos

North Carolina Also Bans-The-Box

Back to School Cheat Sheet for Employers: New York

Section 13(b) of the FTC Act to Figure in New Supreme Court Term

UPDATE: EEOC Updates COVID-19 Technical Assistance Publication with Q&A

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