On October 10, 2022, the FTC Collaboration Act of 2021 became law. The Act’s stated purpose is to enhance cooperation between the Federal Trade Commission (FTC) and state attorneys general (AGs) in combatting unfair and deceptive practices. The Act requires
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FTC Warns That Deceptive AI Content Ownership Claims Violate the FTC Act
The buzz around generative AI has raised many IP-related questions, such as the legality of using IP to train AI algorithms or ownership of AI-generated content. But the FTC warns that claims about content ownership don’t just give rise to…
Proposed EEOC Regulations Mandate Employers to Accommodate Pregnant and Postpartum Workers Regardless of Circumstances
Effective June 27, 2023, covered employers must comply with the Pregnant Workers Fairness Act (PWFA)—a new law that requires covered employers to provide “reasonable accommodations” to workers limited by pregnancy, childbirth, or related medical conditions, absent an “undue hardship.”…
This Summer’s Hot Topic: AGs and AI
This summer has been hot all around, but perhaps the hottest topic on the minds of state attorneys general (AGs) continues to be artificial intelligence (AI). As we recently heard from Colorado Attorney General Phil Weiser, AI is a big…
Maine Seeks Feedback on Types of Food Packaging Subject to PFAS Prohibition and Availability of “Safer Alternatives” (Comments requested by Monday August 21)
After years of back-and-forth, the Maine Department of the Environment (“MDEP”) is seeking comment (by this coming Monday) on a “concept draft” regulation identifying the types of food packaging that would fall under a 2019…
FTC Assesses Primary Purpose of Emails in CAN SPAM Enforcement
As most people know – either from professional or personal experience – the CAN SPAM Act requires companies who send “commercial” email messages to give consumers an opportunity to opt-out of receiving those messages in the future. The opt-out requirement…
Expansion of UFLPA Entity List and Publication of 2023 UFLPA Strategy Updates
On August 1, 2023, the interagency Forced Labor Enforcement Task Force (“FLETF”), led by the U.S. Department of Homeland Security (“DHS”), shared publicly the 2023 updates to the Uyghur Forced Labor Prevention Act (“UFLPA”) Strategy to Prevent the Importation of…
New Nuclear Nonproliferation Controls on China and Macau
On Monday, August 14, 2023, the Commerce Department will impose new nuclear nonproliferation (“NP”) controls on China and Macau. The new controls are meant to address ongoing U.S. Government concerns regarding U.S. nuclear technology and material being diverted to China…
White House Issues Executive Order on Outbound Investment Screening
On August 9, 2023, the White House issued Executive Order 14105 (“EO”) to address the national security threat posed by outbound investment in certain countries of concern that seek to develop and exploit sensitive or advanced technologies and products critical…
NAD Reads into Emojis
Earlier this year, Coca-Cola reformulated its Powerade beverage to include more electrolytes. In some ads, it boasted that the beverage now contained “50% more electrolytes vs. Gatorade Thirst Quencher.” One social media post featured a headline “Powerade vs. Gatorade Thirst Quencher”…