November 16, 2022 By: William Miller, Anne Marie Ellis, and David DeBerry On August 1, 2022, the California Court of Appeals issued the decision in Martinez v. Cot’n Wash, Inc. (2022) 81 Cal.App.5th 1026 [297 Cal.Rptr.3d 712]. In Martinez, the plaintiff claimed that Cot’n Wash’s website (dropps.com) was inaccessible because it did not comply with the Web Content Accessibility Guidelines (WCAG) 2.1 ...
Direct marketing by email is a keystone for many businesses. It can be efficient and effective: but are you confident you are getting it right? Getting it wrong can cost customer goodwill and see the regulator knocking at the door. On 17 October the UK data regulator, the Information Commissioner’s Office (ICO), issued new guidance on electronic mail for direct marketing purposes which should be helpful for companies trying to do the right thing ...
Tackling rising prices within the parameters of public procurement. One of the main symptoms of the current economic crisis is rising prices, for individuals and businesses. Brexit and the Russian invasion of Ukraine are just two contributory factors in fuelling increases in prices across the supply chain in the UK, particularly the cost of raw materials, labour and transport ...
A breakdown of the ICO’s recent guidance on how to comply with the UK’s data protection regime when making live marketing calls. The ambiguous lyrics from this popular song have left me confused ...
1. Introduction Transmission services used in the provision of M2M services are growing in importance. As a result, in May 2019 ANACOM (the Portuguese communications regulatory authority) launched a public consultation1 to collect input on the possible creation of a specific range in the national numbering plan (plano nacional de numeração - PNN) to accommodate these services ...
The SEC Division of Examinations issued a Risk Alert on September 19, 2022 announcing examination initiatives relating to Advisers Act Rule 206(4)-1 – the “Marketing Rule.” The compliance date for the Marketing Rule is November 4, 2022. Any advertisements distributed by investment advisers on or after that date are subject to the requirements of the Marketing Rule. This alert outlines areas that will be reviewed during examinations ...
With many clients moving towards cloud computing models and looking to outsource certain components of their business to cloud service providers, we often get asked to advise on the legal risks associated with opting for a single-cloud strategy versus a multi-cloud strategy. A company is reliant on one cloud vendor to provide all elements of the cloud solution if it opts for a single-cloud strategy ...
On 25 August 2022, the Minister of Communications and Digital Technologies published the Films and Publications Amendment Regulations, 2022, (“Regulations”) which came into effect on 2 September 2022. The Regulations provide clarity and guidelines regarding the implementation of the Films and Publications Amendment Act, 2019 that came into force on 1 March 2022 ...
Most people know that Facebook is now Meta, following a well-publicised rebrand in 2021. According to an article that appeared in the publication IP Planet: “the main goal was for this name to fit better with future developments of the company, and in particular with the emergence of the metaverse as a new virtual world.” Image source: Unsplash We reported back in 2021 on the emergence of the Metaverse ...
A recent decision by the UK’s Data Protection Authority, the ICO, throws some interesting light on the regulatory mood around enforcement of the rules governing how businesses can use their customer lists for marketing emails. It’s worth thinking about how easily an over-enthusiastic approach can go wrong. On 6 September 2022, Halfords were fined £30,000 by the ICO for sending around half a million unsolicited marketing emails ...
One of the proposals set out in the Green Paper concerns an investment obligation for streaming services. According to the proposal, streaming services are required to either invest directly in Norwegian films and series, or, if the services do not invest sufficiently in Norwegian content, contribute to the financing of such productions through financial contributions to the Norwegian Film Fund ...
On September 14, 2022, the Cyberspace Administration of China (the "CAC") released an exposure draft of the Decision on Amending the Cybersecurity Law of the People's Republic of China (Draft for Comment) (the "Draft") ...
<p>Dear valued clients, colleagues and friends,</p><p>Our <a href="https://www.shearndelamore.com/practice-areas/technology-communications/">TMT</a> Partner, <a href="https://www.shearndelamore.com/people/janet-toh-yoong-san/">Janet Toh</a>, and Associate, <a href="https://www.shearndelamore ...
On September 1st. 2022, amendments to the Federal Law 'On Advertising' of 13.03.2006 N 38-FZ (the 'Advertising Law') came into force. Now, advertisements on the Internet are subject to mandatory labeling and registration, which significantly complicates such advertising on the Internet, in Russia ('online advertisement'). In this regard, we present you an overview of the key changes, that companies need to take into account, when distributing online advertisements. Download the overview ...
September 6, 2022 By: Michael Flynn* Continuing a recent trend, the CFPB has asserted that its oversight authority regarding unfair, deceptive, and abusive practices (UDAAP) to assert that certain digital marketers, including what it refers to as “Big Tech,” face potential UDAAP liability and oversight from the CFPB ...
Dear valued clients, colleagues and friends, On 23 August 2022, the Malaysia Competition Commission (“MyCC”) launched a public consultation on the proposed renewal of a Block Exemption Order (“BEO”) in respect of liner shipping services covered under a VSA. The renewal application was made pursuant to Section 8 of the Competition Act as the earlier BEO granted expired on 6 July 2022. The press release by MyCC (“Press Release”) is accessible here ...
On 18 July 2022, the UK government introduced the new Data Protection and Digital Information Bill (Bill). What is the Bill? The new Data Protection and Digital Information Bill contains the government’s proposals to reform the UK’s data protection regime. The Bill quickly follows the government’s publication in June of its response to its consultation on the Data Reform Bill carried out in Autumn 2021 ...
Even though Belgium is lagging behind when it comes to enacting specific legislation, companies doing business in Belgium should be aware of the risk of being held accountable for human rights violations or environmental pollution up or down their value chain. Human rights violations are a ‘hot’ topic and businesses are confronted with ethical challenges in this respect ...
A recent case provides a new approach to analysis of the enforceability of co-tenancy clauses in shopping center leases. In JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC (June 28, 2022, No. C094190) __ Cal.Rptr.3d __ [2022 WL 2313437] ("JJD"), the Third District Court of Appeal declined to apply penalty analysis under Civil Code §1671 to a co-tenancy clause, as the Fifth District had done in Grand Prospect Partners, L.P. v. Ross Dress for Less, Inc. (2015) 232 Cal.App ...
A summary of the key takeaways from a recent webinar on reducing scope 3 Purchased Goods & Services and Capital Goods emissions. Shoosmiths is delighted to be sponsoring United Nation Global Compact Network (UNGC) UK’s series of webinars on ‘Reducing Scope 3 Emissions’ ...
Two more states have followed Florida’s lead in adopting laws restricting telephone solicitations. Washington State’s new law went into effect on June 9, 2022. Oklahoma’s Telephone Solicitation Act of 2022 becomes effective November 1, 2022. This means, businesses that make telephone sales calls now must navigate not only the federal statute, but various state laws, some of which are more stringent than their federal counterpart ...
I. Introduction Rising interest rates and a general economic downturn in 2022 has impacted the value of digital assets, including the relatively well-established likes of Bitcoin and Ether. In addition to market headwind, momentum around federal digital assets regulation is growing, culminating in the proposed “Responsible Financial Innovation Act” (the “RFIA”) ...
