June 28, 2019 Earlier this month, the New York State Legislature passed a sweeping data protection law entitled, Stop Hacks and Improve Electronic Data Act (S.6933-B) (“SHIELD Act”). If the bill is signed into law by Governor Cuomo, the SHIELD Act will provide residents of New York with greater data and privacy law protections and…

June 27, 2019 On June 24, 2019, in a 6-3 decision, the United States Supreme Court ruled that barring the registration of the trademark “Fuct” would infringe upon the applicant’s First Amendment rights. In 2011, Mr. Erik Brunetti (“Applicant”) applied to register the word mark “Fuct,” an acronym that (he maintains) was derived from the…

June 26, 2019 Although the CCPA is not due to go into effect until January 1, 2020, businesses should take the necessary steps to ensure full CCPA compliance well ahead of that date. By way of background, the California Consumer Privacy Act (“CCPA”) is a consumer-friendly privacy law that mirrors the EU’s General Data Protection…

June 24, 2019 As the United States Supreme Court (“SCOTUS”) wraps up its term, it released a decision concerning whether a federal district court is obligated to follow a Federal Communications Commission Order (“FCC”) regarding the junk fax provisions of Telephone Consumer Protection Act (“TCPA”).   Industry pundits had been patiently awaiting a decision on the…

June 19, 2019 In March, we notified readers of a guidance letter that the United States Postal Service (“USPS”) had issued which addressed how cannabidiol (“CBD”) products may be sent via U.S. Mail. On June 6, 2019, the USPS provided more concrete guidance by revising Publication 52, Hazardous, Restricted, and Perishable Mail, to add CBD…

June 18, 2019 On June 7, 2019, the U.S. Food and Drug Administration (“FDA”) and the Federal Trade Commission (“FTC”) together issued four warning letters to companies manufacturing and marketing flavored e-liquid tobacco products in connection with their failure to include required nicotine warning statements in social media posts.  Under the Federal Food, Drug and…

June 7, 2019 In a significant development in the world of sports gambling law, the United States District Court for the District of New Hampshire has ruled against the Department of Justice (“DOJ”), striking down its recent opinion concerning the Wire Act’s application beyond sports betting. Why did the Court strike down the Wire Act…

June 7, 2019 On May 29, 2019, Senate Bill 220 (the “Law”) was signed into law by Nevada Governor Steve Sisolak. The Law amends Nevada’s privacy law to grant consumers the right to prevent certain businesses from selling their personally identifiable information. Businesses that were already preparing for California’s Consumer Privacy Act (“CCPA”) (which takes…

June 6, 2019 On June 28, 2018, California enacted the California Consumer Privacy Act (“CCPA”), a groundbreaking, consumer-friendly, privacy law unlike any predecessor in the United States.  The California Consumer Privacy Act will impact almost all US-based businesses that collect consumer data from California State residents, as well as companies that provide assistance in connection…

June 6, 2019 Last week, the Federal Trade Commission (“FTC”) announced that it had settled a free product trial lawsuit brought against Triangle Media Corp., Jasper Rain Marketing LLC, Hardwire Interactive Inc., Global Northern Trading Ltd., Brian Phillips, and Devin Keer (collectively, “Defendants”). The FTC’s free trial law complaint and amended complaint both alleged that…

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