California CPRA – CCPA 2.0

On Election Day in California, voters will not only be determining choices among candidates standing for election, but they will also be deciding the fate of Proposition 24, referred to as the California Privacy Rights Act (CPRA).  Proposition 24 is intended to build upon the California Consumer Privacy Act (CCPA) that came into force at the beginning of 2020. Among other things, the CPRA would create a California Privacy Protection Agency, a new regulatory agency that would ultimately take over privacy enforcement responsibility from the Office of the California Attorney General.

Among the areas that would be affected by the CPRA would be a clear ban on discrimination against anyone choosing to ask a company to delete their information and opt-out of marketing communications, stronger rights to prevent data sharing by companies (e.g., cross-context behavioral advertising), clearer mechanisms to enable consumers to correct information that is not accurate and a requirement that companies tell consumers how long they plan to retain the information.

Proposition 24 would also legitimize marketing and promotional schemes that offer consumers a discount or access to benefits in exchange for voluntarily disclosing personally identifiable information (e.g., in the context of rewards or loyalty programs).  Privacy and data protection proponents and opponents have long debated whether consumers should have an option to pay for privacy – viewed as a logical consequence of offering benefits in exchange for information that can be used for marketing and promotional purposes.

Since the CCPA came into force, companies have already been scrambling to comply.  If Proposition 24 passes and CCPA 2.0 comes into force, companies will again have to review and likely revamp their policies and practices to deal with the added new compliance obligations. Just as significantly, a separate California Consumer Privacy Agency would likely end up brining many more enforcement actions since protecting the privacy rights of California consumers will be its only mission.  Proponents of Proposition 24 say that may well be a good thing for California consumers, but they also argue that an agency solely focused on data protection will also mean more clarity, consistency and guidance surrounding some of the nuances of the California requirements.

Stay tuned. Election day is only a week away.

Warning Against COVID-19 Claims and more . . .

On April 24, 2020, the Federal Trade Commission (FTC) announced it had sent warning letters to 10 multi-level marketing companies regarding claims they or their participants (distributors) were making in social media posts and online related to COVID-19.
The claims included supposed health benefits, as well as pitching business opportunities related to the pandemic. You can read the announcement and obtain more detailed information at FTC Sends Warning Letters to Multi-Level Marketers Regarding Health and Earnings Claims They or Their Participants are Making Related to Coronavirus. These new letters come on the heels of letters previously sent to companies about unsupported claims concerning products that can treat or prevent coronavirus (FTC, FDA Send Warning Letters to Seven Companies about Unsupported Claims that Products Can Treat or Prevent Coronavirus).

The FTC and the FDA (Food and Drug Administration) have sent scores of warning letters to companies that may be violating federal law by making deceptive or scientifically unsupported claims about the ability of these products to treat or cure coronavirus. Warning letters have also been sent to voice over Internet protocol (VoIP) service providers and other companies warning against “assisting and facilitating” illegal coronavirus-related telemarketing calls.

You can visit the FTC Coronavirus Warning Letters to Companies web page to see a list of warning letters related to the COVID-19 pandemic.  The FTC also keeps track of consumer complaints related the pandemic and updates the data regularly.  As of yesterday, there were almost 30,000 COVID-19 related consumer complaints, and although less than 50% of all these complaints report a loss, the estimated fraud losses based on those that do is now well over $20,000,000.  For the latest statistics, visit Coronavirus (COVID-19) Consumer Complaint Data, which the FTC updates regularly.

The FTC and the Department of Justice have also issued a joint statement expressing their views on unfair competition and antitrust laws and regulations to make it clear, especially in these extraordinary times of crisis, how firms (including competitors) are permitted to engage in pro-competitive collaboration that does not violate the antitrust laws.  You can read the statement at Joint Antitrust Statement Regarding COVID-19.

Rimon lawyers continue to follow these and related developments applicable to the Paycheck Protection Program and other government initiatives available through the SBA and related to the COVID-19 pandemic. For more information or assistance you can contact me, Joe Rosenbaum or any of the Rimon lawyers with whom you regularly work.  Stay safe!!

 

 

 

Crisis Management at the Intersection of Marketing, Privacy, Security and Reputation

For those of you interested and available, on Thursday, April 23rd at 1 PM ET, Joe Rosenbaum, NY Partner at Rimon Law and chair of Rimon’s Global Alliance will be conducting a one hour seminar entitled Crisis Management at the Intersection of Marketing, Privacy, Security and Reputation touching on some of the current issues in marketing, privacy, public relations, cybersecurity & reputation management arising from the COVID-19 pandemic.

While the issues raised may well apply in many crisis situations, now, more than ever, as increased numbers of people are working, schooling and playing at home or at other remote locations, the value of online and mobile advertising and promotions has increased substantially. At the same time, the amounts of information being made available by people scrambling for information, trying to keep up with breaking news, and signing up for online, digital services and information, present legal challenges for compliance with both old and newly enacted privacy and data protection regulation. Not coincidentally, online and mobile scammers are seeking to capitalize on the growing number of inexperienced web surfing consumers and cyber criminals are using the opportunity to capture valuable personally identifiable as a result of lax or relaxed security measures. The inaccurate perception that strong security may be an obstacle to utility or speed and simply the increased number of inexperienced users accessing the Internet, provide fertile ground for exploitation. What you should know? What you can do? What you should be telling your clients and employees? What can we all do to help?

To register simply go to REGISTER: Crisis Management at the Intersection of Marketing, Privacy, Security and Reputation

The course is open to lawyers and non-lawyers, is approved for New York bar members who are eligible for 1 CLE credit per course through NY’s Approved Jurisdiction Policy and approved by the California State Bar for 1 hour of CLE credit.  Most other states recognize CA accredited courses and if you would like credit in any other state, please check your local state bar’s regulations.

California Consumer Privacy Act (CCPA)

Although amended twice (September 13th and October 11th of 2018) after its initial passage by the California State Legislature and being signed into law by Governor Jerry Brown in June of 2018, the California Consumer Privacy Act (California Civil Code Section 1798.100) (“CCPA”) becomes effective with the new year (January 1, 2020).

Although it is intended to protect and afford California residents with certain rights (in some areas, greater or somewhat different than the European Union’s General Data Protection Directive 2016/679), it affects non-profit entities that do business in California, and that collect personal information of consumers and either has annual gross revenues over $25 million OR buys or sells personal data of 50,000 or more consumers/households OR earns over half its annual revenue from selling consumer personal information.

If your organization fits into any of those categories, you are required to establish, put into place and maintain reasonable security procedures and practices to protect consumer data and to afford California residents the right to know what personal data is being collected about them; to know whether and to whom the consumer’s personal data is sold or disclosed; to refuse to permit the sale of their personal data; to access their personal information; and to ask you to delete personal information collected from them.  The law also prohibits discrimination against any consumer for exercising any of their privacy rights under the CCPA.

While many business have been busily amending their agreements with suppliers, service providers and likely have been presented updated and revised contracts with “CCPA” amendments in order to ensure those in the chain of collection, storage, handling, distribution and use are in compliance, if you do any business in or with California residents, don’t forget to update your privacy policies and any terms of use that apply to your websites, e-commerce and online/mobile presence generally.  Those sites, even those that do not require any registration or input directly from consumers, almost certainly will be collecting information that is covered by the broad definition of “personal information” under the CCPA.

If you would like to know more about the CCPA or have any questions about this post, don’t hesitate to contact me Joe Rosenbaum, or any of the Rimon lawyers with whom you regularly work.

 

25th Anniversary Edition: Best of the Best USA Expert Guide

I am honored at having been notified I will be listed in the 2019 Best of the Best USA Expert Guide, as one of the Top 30 Media Practitioners in the USA.

Over the course of a quarter of a century, Euromoney’s Legal Media Group has researched the world’s legal markets. Based on extensive review, with legal peers and in-house counsel, they identify the world’s leading lawyers, advisers and legal practitioners.

Over these past 25 years, the Expert Guides have become a valuable reference tool and trusted resource for international buyers of legal services.

This is their 25th Anniversary Edition and although I have been listed in previous editions of the Guide to the World’s Leading Technology, Media and Telecommunications Lawyers, each time I receive such a notice, it reminds me of the professional relationships I have enjoyed over the last 40 years and the great privilege I have been afforded of serving and working with clients and colleagues, not only in the USA, but around the world.   Thank you!

Joe Rosenbaum

 

Rimon’s Complimentary 2019 CLE Webinar Series: Coming in January

Enrollment for the 2019 Rimon Law CLE Webinar Series being held in January is now open, so don’t wait too long to register!

Don’t miss the chance to register, to learn and to earn CLE credits.

This January (2019) we will be offering the following programs:

  • State and Local Taxation: Headline News and Trends, conducted by David Fruchtman;
  • Corporate Governance Issues Related to Mergers and Acquisitions of Delaware Corporations, conducted by Frank Vargas and Michael Vargas;
  • It All Ads Up: Advertising, Promotions & Celebrity Endorsements in a Digital, Mobile, Social & Augmented World, conducted by Joseph I. Rosenbaum;
  • Copyright and Trademark Law: The Uncomfortable Interface, conducted by Mark S. Lee; and
  •  Law and Behavior: Ethics in Deception before the PTO, AIA Proceedings and Enforcement Presentations, conducted by Maxim Waldbaum.

To get dates, times and more information and to register for any or all of them go to 2019 Rimon Law CLE Webinar Series.

Fake News, Troubled Celebrity Endorsements & Social Media

On Tuesday, July 24, 2018, I had the privilege of presenting a live, interactive, video-conference program and course entitled “A Perfect Storm: The Intersection of Fake News, Celebrity Endorsements & Social Media,” sponsored by Lawline.
The course was broadcast live and also recorded at Lawline’s Studio in lower Manhattan and is now available for on-demand viewing at Lawline.com. With permission, I have also posted a PDF of the PowerPoint visuals used during the presentation (although you will not be able to see the embedded videos) and you can view or download a copy for your personal use right here: A Perfect Storm: The Intersection of Fake News, Celebrity Endorsements & Social Media

As always, if you need more information, you can contact me directly (Joe Rosenbaum) or any of the Rimon attorneys with whom you regularly work.

What is an “Ad” These Days?

–  Joseph I. Rosenbaum

On Friday, December 8, 2017, I had the privilege of presenting a seminar, hosted by Lawline, entitled “Augmented, Native and Interactive: The New World of Digital & Mobil Advertising.”  This was broadcast live on the Web and recorded for subsequent on demand viewing and was my second presentation at Lawline.  The first “Online & Mobile Digital Interactive Advertising: Video Games, Branded Entertainment, Native Advertising and Beyond” remains available as a web-based, on demand offering at Lawline.

This seminar provided an update on many of the concepts and principles discussed in the first program, including some basic principles of advertising law that applies in both the traditional and digital/mobile environment and provided updated information on game advertising – both advertising the game and in-game advertising – as well native advertising and guidance from the Federal Trade Commission.  This recent session also delved into a number of digital and mobile advertising issues that were not part of the first presentation, such as celebrity endorsements, bloggers, experts & consumer testimonials in social media, augmented reality and advertising in virtual worlds, programmatic buying and the current tensions in the industry concerning transparency and relationships between advertisers and integrated agencies.  You can view the slide images of my presentation “The New World of Digital & Mobil Advertising” and, of course, you can view the recorded session which is available exclusively through Lawline.

As always, if you need assistance or require any additional information, feel free to contact me, Joe Rosenbaum, at Rimon, P.C.

Global Social Media Handbook

I am proud to be among the 22 legal professionals, including 7 of my colleagues at Rimon, who contributed and co-authored a new book entitled Handbook on Global Social Media Law for Business Lawyers, published by ABA Publishing. This comprehensive work, sponsored by the Business Law Section of the American Bar Association, was co-edited by Valerie Surgenor, a partner in the Glasgow, Scotland, law firm MacRoberts LLP and John Isaza, my friend and partner here at Rimon, P.C.   Although principally focused on the United States, there are contributions from foreign lawyers in key regions around the world, including Canada, the European Union, Australia, Russia and Asia.

The Handbook deals with national and international law principles and emerging issues related to social media law, ethics, compliance and governance, including cybersecurity, cyber terrorism and risk management in a social media environment (e.g., hacking, corporate espionage, data loss and data breach); intellectual property issues in social media;  defamation, “fake news” and social media;  implementation of a social media crisis plan; use of social media as a tool in recruitment of employees and the privacy implications to employers;  promotional, endorsement and social media disclosure guidelines promulgated by the Federal Trade Commission in the US; and recent trends in UK and European social media legislation and regulation.  There is a separate chapter that discusses information and records management within the context of social media.

If you are interested, you can order a copy directly from the ABA (Handbook on Global Social Media Law for Business Lawyers) and of course, if you need more information or want to discuss your particular requirements with knowledgeable and experienced professionals, feel free to reach out to me, Joe Rosenbaum, or to any of the lawyers at Rimon with whom you work with regularly.

 

Social Media: Celebrities & Paid Endorsements

On Thursday, April 6, 2017, I had the privilege of participating and presenting, together with a panel of distinguished lawyers, on the subject of the legal issues, implications, challenges and opportunities resulting from the use of celebrities in social media to provide endorsements for products and services.  My partner, John Isaza, who heads the Records and Information Governance practice at Rimon Law, chaired the session sponsored by the Cyberlaw Committee.  The program was held in New Orleans as part of the ABA Business Law Section Spring Meeting and the other presenters and panelists were Adam Nadelhaft, a senior litigation associate in the Washington office of Winston & Strawn LLP and Valerie Surgenor, a partner in the Glasgow, Scotland, law firm MacRoberts LLP.

In addition to my presentation on the use of celebrities in social media for endorsements, marketing and promotional purposes, Adam reviewed the law relating to paid endorsements and ‘buying buzz’ on social media, whilst Valerie focused on the similarities and differences in approach taken by UK and EU law.

You can view and download a personal copy of the presentation in PDF form right here “2017.04.06 Keys to Celebrity & Paid Endorsements in Social Media – Presentation at ABA Spring Meeting.

As always, if you have questions or want more information, feel free to contact me, Joe Rosenbaum, at Rimon Law.