The Bottom Line On January 16, 2024 Governor Phil Murphy signed into law New Jersey Senate Bill 332 (SB332). The new law will go into effect on January 15, 2025. New Jersey joins 12 other states that have passed comprehensive privacy laws. Threshold Requirements SB332 applies to Continue Reading
2024 Privacy Issues: New Laws & Requirements Reshape Compliance
The Bottom Line As we step into 2024, the privacy regulation landscape continues to evolve rapidly, presenting significant challenges for businesses. We're seeing more privacy laws from individual states, which creates a complex web of compliance requirements across different regions. Continue Reading
FCC Votes to Enact Proposed Rule to Close the Lead Generator Loophole
The Bottom Line The Federal Communications Commission (FCC) adopted a rule that is designed to close the lead generator loophole related to robocalls and robotexts. The FCC’s 4-1 vote on December 13, 2023, resulted in a change that could dramatically increase the potential for lawsuits Continue Reading
Unwrapping the FTC’s Proposed Updates to the COPPA Rule
The Bottom Line On December 20th, the FTC announced proposed changes to the Children’s Online Privacy Protection Rule (COPPA), which was last updated in 2013. The updates are intended to respond to technological changes, provide greater protections for kids’ personal information and ensure Continue Reading
FTC Finalizes CARS Rule
Update The FTC is postponing the effective date of the CARS Rule while a legal challenge brought by the National Automobile Dealers Association and the Texas Automobile Dealers Association is pending. The trade groups have stated that the rule is “arbitrary, capricious, an abuse of discretion, Continue Reading
The Corporate Transparency Act: Beneficial Owner Reporting Requirements for Private Companies
Update Following a nationwide preliminary injunction on the enforcement of the CTA by a federal judge in Texas on December 3, 2024, reporting companies facing upcoming beneficial ownership reporting deadlines under the CTA are not required to submit their reports pending further developments in Continue Reading
California Pushes the Boundaries of Its Ability To Limit Employer Use of Restrictive Covenants Agreements
The Bottom Line California already has among the strictest limitations in the United States on the use of employee restrictive covenants agreements. Specifically, California Business and Professions Code Section 16600 voids “every contract by which anyone is restrained from engaging in a Continue Reading
Whose Ad is it Anyway? NAD Finds “Sponsored” Insufficient Disclosure of Material Connection in Social Posts
The Bottom Line The FTC recently updated its Endorsement Guides, in part to provide clarity and guidance on sufficient disclosure of material connections (i.e., a connection between the endorser and the seller of an advertised product that might materially affect the weight or credibility of Continue Reading
U.S. Data Broker Legislation Expands to Include Texas and Oregon
The Bottom Line Four states now have laws that create rules and registration requirements for data brokers. While initially limited to Vermont’s 2018 Data Broker Act and California’s 2019 law, amended by the Delete Act on October 10, 2023, Texas and Oregon recently passed their own laws. Continue Reading
The Copyright Crackdown Continues: Sony Music Sues Ofra Cosmetics Over Influencer and Brand Videos
The Bottom Line Halloween is supposed to be spooky, but this year, Ofra Cosmetics got quite the fright. On October 31, Sony Music Entertainment sued Ofra for copyright infringement in federal district court in Florida, alleging that Ofra’s unauthorized use of Sony recordings in over 300 Continue Reading