October 31, 2019 On October 29, 2019, the National Collegiate Athletics Association’s (“NCAA”) Board of Governors unanimously voted to consider allowing student-athletes to benefit from the use of their names and likenesses. The NCAA has long restricted collegiate athletes from controlling how their respective names, images and likenesses are used. Now, however, the Governors of…

October 28, 2019 On October 8, 2019, the United States Olympic and Paralympic Committee (“USOPC”) issued a new set of Olympic advertising guidelines in advance of the Tokyo 2020 Olympic Games.  The new guidelines effectively relax the prior restrictions placed on athletes and advertisers by the International Olympic Committee (“IOC”).  Specifically, Rule 40.3 of the…

October 24, 2019 Readers of this blog know that we have been analyzing both the draft California Consumer Privacy Act (“CCPA”) regulations and the California Attorney General’s associated effort to clarify and modify the CCPA before it takes effect on January 1, 2020. Today, we would like to address Section 999.314 of the proposed regulations,…

October 21, 2019 On October 15, 2019, NatureCity, LLC, a Florida-based marketer and seller of aloe vera-based supplements, entered into a stipulated order with the Federal Trade Commission (“FTC”) settling alleged violations of the FTC Act. Under the terms of the order, NatureCity, its CEO, and Senior VP (collectively, “Defendants”) agreed to pay a $537,500…

October 18, 2019 Recently, we blogged concerning the California State Attorney General’s release of draft California Consumer Privacy Act (“CCPA”) regulations and the associated request for public comment. In that blog, we highlighted that new obligations had been added that were not included in the CCPA itself. Today, we discuss one such new provision –…

October 16, 2019 When the California Consumer Privacy Act (“CCPA”) was enacted in June 2018, it required the California State Attorney General to adopt regulations on or before July 1, 2020. On October 11, 2019, the widely anticipated draft CCPA regulations were released to the public. The intention of the proposed CCPA regulations is to…

October 11, 2019 The United States Supreme Court (“SCOTUS” or the “Court”) recently began its new term and immediately issued an order involving the Telephone Consumer Protection Act (“TCPA”).  Fast on the heels of a recent decision at the end of the last term in which the Court was presented with a dispute over the…

October 10, 2019 The world’s population is increasingly reliant on smart phones and other similar mobile devices.  Businesses have been adjusting to this new reality by pursuing consumer outreach through mobile applications (or “apps”) that can be downloaded and accessed via smart phones.  Regardless of the medium or technology involved, one particularly potent means of…

October 9, 2019 On October 7, 2019, the United States Supreme Court denied a petition for a writ of certiorari in the matter of Domino’s Pizza LLC v. Robles.  This case involves an Americans with Disabilities Act (“ADA”) claim in which Mr. Guillermo Robles, a blind man, filed a lawsuit against Domino’s Pizza LLC (“Domino’s”)…

October 4, 2019 On October 1, 2019, the Court of Justice for the European Union (“CJEU”) issued an important opinion regarding the scope of consent in the context of the General Data Protection Regulation (“GDPR”).  Specifically, the Court determined that a company cannot validly obtain a user’s consent to install cookies on his/her computer device…

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