Kelley Drye & Warren LLP

A powerhouse firm with the heart of a boutique, Kelley Drye values the success of our clients above all. Skilled practitioners in the areas of litigation, regulatory, real estate, corporate and bankruptcy combine talents to address the unique complexities of our clients’ legal challenges. We are practical in our advice and creative in our approach.

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Latest from Kelley Drye & Warren LLP

Kelley Green Law

EPA Approves First “Long-Lasting Anti-Viral” for Emergency Use to Fight Coronavirus

By Joseph Green

August 24, 2020

Today, EPA announced that it has issued the first ever emergency use exemption for a “long-lasting” anti-viral coating. The exemption was granted upon request by the state of Texas to permit use of the coating at American Airlines airport facilities and at two orthopedic clinics in the state. In granting the exemption, EPA determined that the coating (SurfaceWise2, manufactured by Allied BioScience): Inactivates viruses and bacteria within two hours of application and continues to work…

Ad Law Access

NAD Urges P&G to Clean Up Detergent Claims

By Gonzalo E. Mon

August 21, 2020

A recent NAD decision that focuses on detergent claims touches on some issues – including implied claims and disclosures – that are relevant to all advertisers. The decision covers a lot of ground, but we’ll focus on a few key points that translate across industries. The front label of Tide’s Purclean bottle prominently features the product name against a green, leafy backdrop. Directly under that are the words “plant based.” And below that, there is…

Labor Days

California Court Says Uber and Lyft Drivers Are Employees, Not Contractors

By Mark A. Konkel & Nicholas J. Kromka

August 18, 2020

Uber and Lyft may be longing, ironically enough, for the days when COVID-19 was the most immediate existential threat to their businesses. But now a California court has ruled that Uber and Lyft cannot classify their California drivers as employees, entitling them to sick leave, wage minimums and a whole host of other job protections. How exactly did we get here? Let’s turn back the clock to September 2019 when California first signed Assembly Bill…

Trade and Manufacturing Monitor

BIS Confirms: Entity List Restrictions Apply to All Parties, Including Freight Forwarders and Purchasers

By Robert Slack & Jennifer Liu

August 18, 2020

On August 20, 2020, the Bureau of Industry and Security (BIS) will publish a final rule confirming that the Entity List licensing requirements apply to all transactions in which a listed party plays a role – including where the listed party is the ultimate consignee, end-user, purchaser, or intermediate consignee. The new rule formally codifies longstanding BIS policy on the scope of the Entity List’s requirements, which generally prohibit exports, reexports and in-country transfers of items…

Ad Law Access

CCPA Privacy Regulations Are Approved and Effective Immediately

By Alysa Zeltzer Hutnik & Lauren Myers

August 14, 2020

The California Office of Administrative Law today approved the CCPA Regulations that the California Attorney General submitted in June, and the regulations are effective immediately. As we discussed here, the now-final regulations, for the most part, substantively match those that the AG released in March, with a few notable changes. Significantly, the AG has removed the shortened “Do Not Sell My Info” language throughout the final regulations to align with the statutory language.…

Kelley Green Law

Managing the Feeding Frenzy: OEHHA Proposes Limits on California Prop 65 Requirements for Acrylamide in Food

By Joseph Green

August 13, 2020

California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed regulations to limit the rash of Proposition 65 actions alleging failure to provide a warning for exposure to acrylamide in food items as a result of cooking or heat processing. The August 4 proposal would establish that consumption of foods containing acrylamide does not represent an “exposure” for Prop 65 purposes if the concentrations are “reduced to the lowest level currently feasible using appropriate quality…

Kelley Green Law

Kelley Drye Legal Download – Cleaning Up: Answers To Common Questions About Disinfectant, Germ, and Virus-Killing Claims

By Joseph Green

August 13, 2020

Since the start of the pandemic, we have been receiving a lot of questions regarding products claiming to kill or otherwise inhibit viruses, bacteria and other germs. Following on from their recent webinar on this same topic (available here www.adlawaccess.com/2020/07/article…killing-claims/), partner Kristi Wolff and special counsel Joe Green answer some common questions they have been getting. Click here to listen to the episode. …

Labor Days

New York v. United States: S.D.N.Y. Vacates Key Provisions in DOL’s Final Rule Limiting Paid Leave Under the FFCRA

By Barbara E. Hoey & Maria Biaggi

August 13, 2020

On August 3, 2020, New York federal Judge Paul Oetken, vacated several significant provisions of the U.S. Department of Labor’s April 1, 2020 Final Rule, which construes the Families First Coronavirus Response Act (“FFCRA” or the “Act”), finding that the DOL exceeded its rulemaking authority. State of New York v. United States Department of Labor et al., 20-cv-03020-JPO (S.D.N.Y. August 3, 2020). Particularly significant for New York employers, this decision changes how they determine which…

Ad Law Access

FTC’s Mail Order Rule Crackdown Continues

By Christie Grymes Thompson

August 13, 2020

Last week the FTC filed suits against a few online merchandisers regarding their alleged failures to promptly deliver personal protective equipment (PPE) to consumers. The lawsuits allege that three online sellers violated the FTC’s Mail Order Rule, which mandates that companies notify consumers of shipping delays in a timely manner and give them the option to cancel orders and receive prompt refunds. In its complaint against Zaappaaz, Inc, the FTC alleges that wrist-band.com “guaranteed”…

CommLaw Monitor

FCC Remains Focused on Communications Supply Chain Protection; Seeks Comment on Continued Implementation of Secure Networks Act

By Denise Smith

August 12, 2020

Protecting the U.S. communications supply chain from national security threats has become a priority for the Federal Communications Commission (“FCC” or “Commission”) and the agency’s recent Communications Supply Chain Protection proceeding resulted in new rules restricting the use of universal service support funds for certain equipment and services and the designation of Huawei and ZTE as national security threats to the communications networks and supply chain. The recently enacted Secure and Trusted Communications Networks Act …

Kelley Drye & Warren LLP

Kelley Drye & Warren LLP Blogs

Blog Authors

EPA Approves First “Long-Lasting Anti-Viral” for Emergency Use to Fight Coronavirus

NAD Urges P&G to Clean Up Detergent Claims

California Court Says Uber and Lyft Drivers Are Employees, Not Contractors

BIS Confirms: Entity List Restrictions Apply to All Parties, Including Freight Forwarders and Purchasers

CCPA Privacy Regulations Are Approved and Effective Immediately

Managing the Feeding Frenzy: OEHHA Proposes Limits on California Prop 65 Requirements for Acrylamide in Food

Kelley Drye Legal Download – Cleaning Up: Answers To Common Questions About Disinfectant, Germ, and Virus-Killing Claims

New York v. United States: S.D.N.Y. Vacates Key Provisions in DOL’s Final Rule Limiting Paid Leave Under the FFCRA

FTC’s Mail Order Rule Crackdown Continues

FCC Remains Focused on Communications Supply Chain Protection; Seeks Comment on Continued Implementation of Secure Networks Act

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