Two years ago this month, the state of Colorado joined California and Virginia in the passage of broad consumer protection legislation when the Colorado Privacy Act (CPA) was signed into law.
The CPA went into effect on July 1, 2023,
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Angry House Members Vent at FTC and Vote to Cut its Budget
“Why are you losing so much? Are you losing on purpose?”
An implacable Lina Khan fended off four hours of hostile questions from members of the House Judiciary Committee, who criticized her ethics and performance as FTC Chair and then…
How the FTC’s Revised Endorsement Guides Will Affect Influencer Campaigns
On June 29, 2023, the FTC released the long-awaited updates to the Guides Concerning the Use of Endorsements and Testimonials in Advertising – more commonly known as the Endorsement Guides – along with an updated FAQ entitled What People Are…
FTC’s Proposed Rule on “Fake Reviews” Covers Much More; Provides Clarity on Some Issues, Uncertainty on Others
On the Friday before a long 4th of July weekend, the FTC delivered some light beach reading in the form of a 100-page notice of proposed rulemaking (NPRM) “banning fake reviews and testimonials.” While banning fake reviews and testimonials seems…
U.S. Supreme Court Enacts More Stringent Religious Accommodations Standard for Employers
On June 29, 2023, amid a flurry of other newsworthy opinions, the Supreme Court issued a unanimous ruling in Groff v. DeJoy, modifying the legal standard which courts now must use to determine when an employer has to grant a…
Not So Fast: New York State’s Potential Non-Compete Ban Stalls Out (For Now)
If your business deals with any kind of sensitive proprietary information or sensitive client or customer relationships (read, many of you), you probably use various forms of restrictive covenants—noncompetition, non-solicitation, and nondisclosure agreements—as protection. You’ve also probably read dozens of…
ICYMI: State AGs Support FTC’s Amendments on Auto-Renewals – but Have Suggestions
On June 23, 2023, a bipartisan coalition of 26 state attorneys general (AGs) submitted comments in support of the FTC’s amendments to the Negative Option Rule (Rule). Though the AGs assert that the FTC’s requirements under the proposed Negative Option…
Senate Bill Proposes to Curb Export Licenses and Impose “Flow Down” Entity List Restrictions
On June 22, 2023, Senators Rubio (R-FL) and Wicker (R-MS) – the top Republicans on the Select Committee on Intelligence and the Armed Services Committee, respectively – introduced S. 2170, the Depriving Enemy Nations of Integral Authorizations and Licenses (DENIAL)…
New Endorsement Guides Include Big Changes, But Few Surprises
In May 2022, the FTC proposed changes to its Endorsement Guides. Among other things, those changes created more prescriptive disclosure requirements for endorsements, imposed various requirements for consumer reviews, and clarified that all parties involved in a marketing campaign could…
OFAC Issues Africa Gold Advisory
On June 27, 2023, the Treasury Department’s Office of Foreign Assets Control (“OFAC”), in conjunction with USAID, and the Departments of Commerce, Homeland Security, and Labor, published an Africa Gold Advisory identifying risks related to the gold industry. At the…