On January 1, 2020, the Artificial Intelligence Video Interview Act went into effect in Illinois.  This is the first state law regulating the use of AI for employee interviews. Illinois’ law reflects increasing scrutiny in the United States and globally of biometrics practices. The law is consistent with U.S. policymakers’ focus on addressing significant concrete harm (e.g., employment decisions) in connection with the use of AI and data analytics. Here is what you need to know…

When Casper launched in 2014, it set out to disrupt the mattress industry. Not only did they change the way mattresses were sold, the company changed the way mattresses were advertised. Among other things, Casper hired celebrities like Kylie Jenner to post pictures of their mattresses on Instagram and other influencers to post “unboxing” videos where they pulled mattresses out of their delivery boxes and tried them out. Despite Casper’s success using influencers, it apparently…

IN FASHION 2020: Kelley Drye’s 6th Annual Fashion and Retail Law Summit On January 16, 2020, Kelley Drye will host the sixth annual IN FASHION: Fashion and Retail Law Summit for executives and in-house counsel. Kelley Drye lawyers and thought leaders from some of the world’s top fashion and retail companies will convene for a full day of presentations on hot button issues that impact the business. This complimentary event is by invitation only. This…

On December 30, 2019, the United States Court of Appeals for the Ninth Circuit issued an opinion in Becerra v. Dr Pepper/Seven Up, Inc., No. 18-16721 (9th Cir.) that may be the final nail in the coffin of a series of cases filed against diet soda manufacturers in recent years.  The Ninth Circuit affirmed the Northern District of California’s dismissal of claims that Dr Pepper/Seven Up had mislead consumers into believing that drinking their diet…

The California Attorney General unveiled its data broker registry on Monday.  On or before January 31st, companies qualifying as a “data broker” based on the prior year’s activities are required to register their name and contact information with the Attorney General and may provide a statement concerning their data collection practices.  A list of “data brokers” will be published for public inspection. California law defines a business as a “data broker” when it…

At the end of 2019, Governor Andrew M. Cuomo released the 10th proposal of his 2020 State of the State Agenda, which aims to eliminate the so-called “pink tax,” a gender-based pricing phenomenon that allegedly results in higher prices for good and services marketed towards women as compared to substantially similar alternatives marketed towards men. The proposal was prompted by a study conducted by the New York City Department of Consumer Affairs, which analyzed…

The January 1, 2020 effective date of the California Consumer Privacy Act (CCPA) has come and gone, but questions about how to comply with the law show no hint of disappearing.  As companies move past their efforts to comply with the law’s most visible requirement – providing notice at the point of collection and explaining data practices in a full privacy policy – the focus is sharpening on a broad array of operational…