On November 26, 2020, the French Data Protection Authority announced that it imposed a fine of €2.25 million on Carrefour France and a fine of €800,000 on Carrefour Banque for various violations of the EU General Data Protection Regulation and Article 82 of the French Data Protection Act governing the use of cookies. Continue Reading CNIL Fines Two Companies of the Carrefour Group €3.05 Million for GDPR and Cookie Violations
Kansas Issues Sales Tax Guidance on Digital Currency
As reported on the Blockchain Legal Resource, only a few states have issued guidance on the sales tax treatment of digital currency transactions. On November 2, 2020, Kansas joined this group, with Notice 20-04, Sales Tax Requirements Concerning Digital Currency Under the Retailers’ Sales and Compensating Tax Acts, issued by the Kansas Department of Revenue.
Continue Reading Kansas Issues Sales Tax Guidance on Digital Currency
Recall Roundup: October
The CPSC took proactive steps in October to address recent concerns with infant sleep products that pose suffocation hazards and could lead to Sudden Infant Death (SID). This month the agency made a rare proposal for a mandatory consumer product safety standard to address the risks associated with crib mattresses. The safety standard would incorporate by reference the voluntary standard ASTM F2933-19 (Standard Consumer Safety Specification for Crib Mattresses) with modifications to make the standard even more stringent. These modifications include increased product performance testing to cover crib mattress firmness, coil spring issues, and face-in-mattress scenarios. The new rule would also update the product’s warning labels, instructions, and packaging to remove unnecessary wording and emphasize the importance of positioning infants on their backs to sleep. For example, the proposal compares the voluntary standard’s warning label to the proposed mandatory standard’s warning label: Continue Reading Recall Roundup: October
Divided FTC Finalizes “No-Fault, No-Money Settlement” Agreement with Skincare Brand, Sunday Riley
On Friday, November 6, 2020, the FTC finalized its settlement with Sunday Riley Skincare, a cult-favorite skincare brand known for its high-end products. The action comes after the agency’s initial announcement in October 2019 that employees of the brand, under direction of CEO, Sunday Riley, posted thousands of fake reviews of the brand’s products online over the course of almost two years.
Wireless Retailer Faces Conditionally Certified Nationwide Class of Workers with Overtime Claims Despite Official Company Policy Against Off-The-Clock Work
On October 15, 2020, the United States District Court for the Southern District of Texas granted conditional certification to a class of assistant managers (“AM”s) in 550 wireless retail stores across the country. In Martinez v. Mobilelink, assistant store managers in the wireless retailers’ stores alleged that they were regularly required to work unpaid overtime. The employees sought to certify a class consisting of all current and former AMs employed by Mobilelink from March 2017 through the present.
Chemical Manufacturers and Importers Take Note: TSCA Chemical Data Reporting Rule Submissions on Production, Distribution, and Usage Data are due to U.S. EPA by November 30, 2020
The Toxic Substances Control Act (“TSCA”) authorizes EPA to regulate virtually all aspects of the manufacture, import, distribution and use of chemical substances in the United States. Unlike many of the federal environmental statutes that EPA administers – which target pollution, waste or site cleanup – TSCA regulates chemicals at the product stage both before and after being introduced into commerce. Under TSCA, EPA imposes numerous regulatory obligations on the domestic manufacturer and importer of industrial chemicals. If your company engages in either of these activities, you may have imminent reporting obligations under the TSCA Chemical Data Reporting (“CDR”) rule. Failure to promptly report has been an EPA enforcement focus in past CDR years.
First Judgment Upholding Coverage for COVID-19 Business-Interruption Losses
In a resounding victory for policyholders, a North Carolina court ruled that “all-risk” property insurance policies cover the business-interruption losses suffered by 16 restaurants during the COVID-19 pandemic. North State Deli, LLC v. Cincinnati Ins. Co., No. 20-CVS-02569 (N.C. Sup. Ct., Cty. of Durham, Oct. 7, 2020). This is the first judgment in the country to find that policyholders are, in fact, entitled to coverage for losses of business income resulting from the COVID-19 pandemic. Equally important, the decision illustrates that a proper analysis of the operative policy provisions requires this result.
It’s a Privilege, Not a Right: Best Practices for the In-House Lawyer
In-house lawyers know that an email is not automatically cloaked in privilege just because a lawyer receives it. But when exactly are communications and information privileged, and when are they not? Are there risks for inadvertent waivers that an in-house lawyer might not be thinking about? And could remote work affect privilege?
This article outlines what an in-house lawyer should know about the attorney-client privilege and work-product doctrine and the top four things that in-house lawyers should communicate to clients about protecting privilege.
CPSC Issues COVID-19 Guidance on Personal Protective Equipment Intended for Consumers
The Consumer Product Safety Commission (CPSC) has released COVID-19 guidance confirming that certain personal protective equipment (PPE) must comply with CPSC regulations, including testing, certification, labeling, and recordkeeping requirements. The guidance, summarized below, also provides a concise overview of other federal regulations that may apply to these products.
Got COVID-19 “Claims”: Recent US EPA Enforcement under FIFRA Emphasizes Compliance Demands on Pesticide Product Supply Chains, especially for Products Claiming to be Effective against Coronavirus
In the age of COVID-19, demand for surface wipes, sprays and similar products is at record levels. Retail stores have struggled to keep supplies stocked and shelves may once again be emptied when the winter flu season arrives. If schools and businesses reopen concurrently, the prospects of securing these products becomes even bleaker, which may re-fuel consumer stockpiling. To meet this surging demand, manufacturers have ramped up production and new entrants are pouring into this market space in unprecedented numbers. Supply chains are already stressed and further straining is expected to continue. Continue Reading Got COVID-19 “Claims”: Recent US EPA Enforcement under FIFRA Emphasizes Compliance Demands on Pesticide Product Supply Chains, especially for Products Claiming to be Effective against Coronavirus