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Consumer Protection Review

California Expands Disclosure Requirements Regarding Cosmetics and Hazardous Substances

By Tommy Tobin & Amanda J. Beane on October 18, 2019

In late September 2019, California enacted a new law, AB 647, that would impose expanded disclosure requirements on certain cosmetic and disinfectant products. Effective in July 2020, manufacturers and importers of cosmetics and disinfectants that contain hazardous substances, as defined by California’s Department of Industrial Relations (“DIR”), would need to post a safety data sheet (“SDS”) on the entity’s website by the product’s brand or commonly known name. The required SDS must also…

Virtual Currency Report

Blockchain Week in Review: Week of October 11, 2019

By Betselot Zeleke on October 18, 2019

U.S. Developments U.S. Federal Regulatory Developments CFTC, FinCEN, and SEC Leaders Release a Join Statement on Digital Assets On October 11, 2019, the heads of the Commodity Futures Trading Commission (“CFTC”), Securities and Exchange Commission (“SEC”) and Financial Crimes Enforcement Network (“FinCEN”) issued a joint statement reminding those involved with digital assets about their obligations to protect against money laundering and terrorist financing, as required by the Bank Secrecy Act (“BSA”). The statement clarifies that…

Consumer Protection Review

AGs and Consumers Fight “Drip Pricing” and “Hidden Fee” Programs

By Jason Howell, Amanda J. Beane & Jared Bryant on October 16, 2019

Takeaway Regardless of your industry it may be time to take a closer look at your potential vulnerability to a claim about hidden fees or drip pricing.…

The Fintech Report

Fintech Week in Review: Week of October 11, 2019

By Sam Boro & Sean West on October 16, 2019

OCC to Host Innovation Office Hours During Money20/20 On October 28, 2019, the Office of the Comptroller of the Currency (“OCC”) will hold Innovation Office Hours in Las Vegas, Nevada at The Venetian Hotel during the Money20/20 conference (October 27-30). During the Innovation Officer Hours, the OCC’s Office of Innovation staff meets one-on-one with fintech firms and other companies that partner with banks to discuss new products or services to facilitate responsible innovation in the…

Tech Risk Report

Watch Out for the Statutory/Governmental Exclusion and Any Restriction on Paying Ransom Demands for Malware Attacks

By Norton Cutler on October 15, 2019

This author has previously discussed the inevitability of security hacks and attempts to require companies holding third-party data to pay some type of damages to the alleged victims of a hack. Even though damage from such hacks is often hard to prove, those who claim to have been victimized and their lawyers, who often operate on contingencies, will continue to file lawsuits that often result in the imposition of at least defense costs and, at…

Privacy Quick Tips

The CCPA Proposed Regulations Are Finally Here

By Dominique Shelton Leipzig, Bo W. Kim, Linda Zhang & Megan Von Borstel on October 11, 2019

On October 10, 2019, the California attorney general’s office released the long-awaited proposed regulations to the California Consumer Privacy Act (CCPA), which can be found here. The regulations are detailed and cover a lot of ground with respect to notice to consumers, handling and verifying consumer requests, rules regarding minors, and non-discrimination.…

Consumer Protection Review

FDA Issues Warning Letters Regarding Adulterated Cosmetics

By Tommy Tobin & Jason Howell on October 10, 2019

In September 2019, the FDA sent warning letters to three tattoo ink manufacturers about microbial contamination in the products. The agency conducted microbial analysis of tattoo ink samples collected from customers around the country. The warning letters noted that the tattoo inks contained pathogens and microorganisms that rendered them adulterated under the Federal Food Drug & Cosmetic Act (FFDCA). The agency regulates tattoo inks as “cosmetics” under the FFDCA because the inks are introduced into…

The Fintech Report

Fintech Week in Review: Week of October 4, 2019

By Sam Boro & Nick Lundgren on October 9, 2019

Increase to the Management Interlock Threshold Rule Approved The Office of the Comptroller of the Currency (“OCC”), the Board of Governors of the Federal Reserve System (the “Federal Reserve”), and the Federal Deposit Insurance Corporation (“FDIC”) approved a change to the thresholds in the major assets prohibition for management interlocks stated in the Depository Institution Management Interlocks Act (“DIMIA”). Prior to the final rule, the DIMIA prohibited a management official of a depository organization that…

Derivatives & Repo Report

Limited Recourse Provisions in Futures Customer Agreements: Part 1 – I Only Control My AUM

By Andrew P. Cross on October 9, 2019

Historically, many investment managers have negotiated limited recourse provisions into derivatives trading agreements entered into by the managers on behalf of their clients with banks, broker-dealers, and futures commission merchants (FCMs). In short, these provisions state that only the assets in the specified account under the control of that particular manager can be used to make the other party to the agreement whole for losses and costs that relate to the specified account. However, recent…

California Land Use & Development Law Report

Award of Attorney’s Fees Warranted Where Plaintiff Lost on Most Claims But Achieved Primary Litigation Objective

By Rachael Rutkowski on October 9, 2019

A plaintiff challenging a city council’s interpretation of a local ballot measure was entitled to recover costs and attorney fees when successful on only one cause of action because the primary relief sought was granted. Friends of Spring Street v. Nevada City, 33 Cal.App.5th 1092 (2019). In 1991, the Kendalls received a Conditional Use Permit to operate a bed and breakfast in a residential neighborhood. In 1994, Nevada City voters passed Measure G, which repealed…

Perkins Coie LLP

Perkins Coie LLP Blogs

Blog Authors

California Expands Disclosure Requirements Regarding Cosmetics and Hazardous Substances

Blockchain Week in Review: Week of October 11, 2019

AGs and Consumers Fight “Drip Pricing” and “Hidden Fee” Programs

Fintech Week in Review: Week of October 11, 2019

Watch Out for the Statutory/Governmental Exclusion and Any Restriction on Paying Ransom Demands for Malware Attacks

The CCPA Proposed Regulations Are Finally Here

FDA Issues Warning Letters Regarding Adulterated Cosmetics

Fintech Week in Review: Week of October 4, 2019

Limited Recourse Provisions in Futures Customer Agreements: Part 1 – I Only Control My AUM

Award of Attorney’s Fees Warranted Where Plaintiff Lost on Most Claims But Achieved Primary Litigation Objective

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