In an earlier blog, we summarized a Notice of Proposed Rulemaking (“NPRM”) the Federal Communications Commission “(FCC” or Commission”) released following its April 2023 Open Meeting. The NPRM foreshadows a potentially radical revision to the regulatory framework governing FCC authorizations
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NAD Reads Into WSJ’s “Cancel Anytime” Claims
Most NAD cases are brought by competitors, but NAD can also initiate a proceeding pursuant to its “responsibility for monitoring and reviewing national advertising for truthfulness and accuracy.” Looking at the cases NAD initiates on its own can help provide…
Commerce Continues its Focus on Antiboycott Compliance
On July 26, 2023, Matthew Axelrod, the Assistant Secretary for Export Enforcement, issued a memorandum on “Strengthening Antiboycott Reporting and Compliance.” The memorandum announced two new measures. First, the Commerce Department is amending the boycott reporting form to require U.S.…
Did the Supreme Court Put All DEI Programs at Risk?
It has been less than a month since the Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), and the decision is already creating controversy. Conservative leaders are lining up…
Those AI Commitments from the Tech Companies Aren’t “Just Voluntary” – They’re Enforceable by the FTC
On July 21, 2023, the White House announced that it had secured commitments from the leading artificial intelligence companies to manage the risks posed by AI. As stressed in the press release and in news articles since, these commitments are…
Join Kelley Drye for a Webinar with the Colorado Attorney General’s Office: Colorado Privacy Act, AI, and Teen Mental Health
Join Kelley Drye’s State Attorneys General Ad Law Team on Monday, July 24, 2023 at 3 pm ET for the next program in the 2023 State Attorneys General Webinar Series: Colorado Attorney General’s Office – Colorado Privacy Act, AI, and…
End of COVID-19 National and Public Health Emergencies
President Biden announced in January that the COVID-19 National Emergency (“NE”) and Public Health Emergency (“PHE”) would both end on May 11, 2023. Accordingly, the Departments of Labor, Health and Human Services, and the Treasury (collectively, the “Departments”) jointly prepared…
Spotlight on Data Sales and the Fourth Amendment: Two Bipartisan Bills in the House
With so much going on in the privacy space, it can be hard to keep track of everything. For example, while you were struggling to keep pace with rapidly advancing state privacy laws, FTC and EU privacy developments, market and…
USITC Releases First Biennial Report on Economic Impact and Operation of USMCA Automotive Rules of Origin
On June 30, 2023, the U.S. International Trade Commission (ITC) released its first report on the economic impact of the United States-Mexico-Canada (USMCA) automotive rules of origin. Rules of origin (ROOs) are used to determine the national origin of a…
CCPA Update: Agencies Push Ahead with Enforcement as Superior Court Delays New Regulations
The California Privacy Protection Agency (CPPA) and California Office of Attorney General (OAG) are publicly pressing ahead with enforcement now that they have the authority to enforce the California Consumer Privacy Act (CCPA) as of July 1st. While the agencies…