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5-Hour Energy: Harbinger of Increased State Activism in the Age Of Trump?

By Sabin Chung on Feb 15, 2017
The Washington State Attorney General’s over two-year pursuit of the makers of the 5-Hour Energy drink ended last week with a court judgment of nearly $4.3 million for violations of the state Consumer Protection Act.


Outlook for U.S. Internet Gambling Under President Trump: Rough Times Ahead?

By Behnam Dayanim on Dec 19, 2016
You’d think the first casino magnate as president would have the U.S. gaming industry rejoicing, but there is one segment of the industry that likely is holding its collective breath – the internet gambling sector.


California’s Menu Labeling Law Takes Effect December 1, 2016, Months Ahead of FDA Enforcement

By Daniel Liebowitz on Nov 30, 2016
Eight years after being signed into law, California’s menu labeling law will finally go into effect on December 1, 2016. While FDA has delayed enforcement of the federal menu labeling standard until May 5, 2017, California’s Department of Public Health confirms that local health departments may begin inspecting restaurants subject to the statewide standard as early as December 1, 2016.


CLARIFYING TWO AREAS OF CONFUSION ON PRIVACY SHIELD: SEPTEMBER 30, 2016, DEADLINE & EFFECT ON SWISS SAFE HARBOR

By James H. Koenig and Mary-Elizabeth M. Hadley on Aug 26, 2016
With the European Commission’s (“EC”) approval of the U.S.-EU Privacy Shield Framework (“Privacy Shield) on July 12, 2016, many companies are rushing to self-certify to the new compliance mechanism for personal data transfers from Europe to the United States. By certifying in the first two months – by September 30, 2016 – organizations can take advantage of a nine-month grace period from the date they certify to bring their existing commercial relationships and agreements with third parties into conformity with the Accountability for Onward Transfer Principle.

See the full post at PH Privacy​


Privacy Shield Set For Formal Adoption Next Week: Beyond That, The Future Is Cloudy

By Katie Sheridan on Jul 08, 2016
A key European Union committee with responsibility for privacy determinations today approved the new EU-US Privacy Shield.  With that approval, formal adoption by the European Commission is expected next week.

Read the entire blog post on PH Privacy.


Public Interest Group Asks FCC to Pause Connected Car Spectrum Usage over Privacy and Cybersecurity Concerns

By By Sherrese Smith and Michael London on Jun 30, 2016
On June 28, 2016, Public Knowledge petitioned the FCC for an emergency stay of the usage of spectrum by devices that enable vehicle-to-vehicle and vehicle-to-infrastructure communications until the FCC adopts adequate cyber security and data privacy rules for such devices. The impending implementation of vehicle-to-vehicle devices prompted Public Knowledge to file its petition

Read the full post in our companion blog, PH Privacy


NO SAFE HARBOR IN GERMANY—FIRST FINES IMPOSED FOR RELYING ON SAFE HARBOR FOR DATA TRANSFERS

By Behnam Dayanim and Edward George* on Jun 08, 2016
The Safe Harbor provision has finally set sail. On Monday, the Hamburg Data Protection Authority (“Hamburg DPA”) announced that it has fined three companies an aggregate total of €28,000 ($31,928) for continuing to operate under the U.S.-E.U. Safe Harbor Framework. This is the first enforcement action by any European country since the European Court of Justice (“CJEU”) invalidated the Safe Harbor last October.


FTC’s First Foray into APEC Cross-Border Privacy Rules: Settlement Reached

By Mary-Elizabeth M. Hadley on May 05, 2016
Yesterday, the Federal Trade Commission (“FTC” or the “Commission”) accepted, subject to final approval, a consent agreement to settle charges that a hand-held vaporizer manufacturer misrepresented its participation in the Asia-Pacific Economic Cooperation (“APEC”) Cross Border Privacy Rules (“CBPR”) system. Read the full post in our companion blog, PH Privacy


The Ninth Circuit Relies On Reasonable Consumers' Experiences to Dismiss a Cosmetics False Advertising Case

By Dennis S. Ellis, Katherine F. Murray & Margaret N. Buckles on Mar 30, 2016
The Ninth Circuit's decision in Ebner vs. Fresh, Inc. relied on the experiences of the "reasonable consumer" to dismiss a consumer false advertising class action for failure to state a claim.


CFPB’s First Foray Into Data Security Makes $100,000 Splash

By Thomas Brown and Molly Swartz on Mar 04, 2016
On March 2, the Consumer Financial Protection Bureau (the “Bureau”) announced enforcement action against online payment processor, Dwolla Inc. (“Dwolla”). This is the Bureau’s first enforcement action related to data security pursuant to its authority to prohibit unfair, deceptive, and abusive acts and practices (“UDAAP”).


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