Companies face significant exposure from privacy related claims. An increasing number of these claims result from efforts at the state level to regulate use of personal data. One key focus is Illinois’ Biometric Information Privacy Act (“BIPA”), but as lawmakers in other states continue to introduce legislation aimed at regulating the use of biometric data, more court decisions may muddy the waters regarding what conduct may be covered under a general liability policy.
Continue Reading Illinois Court Says 7th Circuit Fumbled Illinois Law in BIPA Decision

Our 2023 Retail Industry Year in Review provides a comprehensive overview of recent developments, issues, and trends impacting retailers, as well as a look ahead at what to expect in 2024. We hope you will take a few minutes to review our new publication released last week.

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On December 14, 2023, the European Parliament and the European Council reached a provisional deal on the Corporate Sustainability Due Diligence Directive (CS3D). Initially proposed by the European Commission in February of 2022, the CS3D requires certain companies to account for and mitigate adverse human rights and environmental impacts throughout their supply chains, including both their own operations as well as upstream and downstream activities. In November 2022, the European Council adopted the general approach proposed by the European Commission. Since then, the Council and the European Parliament have negotiated the parameters of the CS3D to reach a provisional agreement. While press releases from the Council, the Parliament, and the Commission all confirm an agreement has been reached, the text of the agreed upon CS3D is not yet publicly available. It is likely to be released in early 2024.Continue Reading EU Corporate Sustainability Due Diligence Directive Nearly Final

With the growing emergence of Extended Producer Responsibility (EPR) laws, companies selling products in the United States must increasingly plan for the end of a product’s life. EPR programs shift waste-management responsibilities that have traditionally been handled by consumers or state and local governments to the “producer” of the product.
Continue Reading Extended Producer Responsibility for Packaging: What’s Ahead in 2024

As published on Hunton’s Nickel Report, in May 2023, Minnesota’s Governor Walz signed into law HF 2310, which bans the sale of certain products containing “intentionally added” per- and- polyfluoroalkyl substances in 2025 and then all products in 2032, and also establishes reporting requirements for products containing PFAS starting in 2026.
Continue Reading Minnesota Becomes Second State to Pass Sweeping PFAS Ban and Reporting Law Targeting All Products

As reported on Hunton’s Privacy and Information Security Law Blog, on May 31, 2023, the Federal Trade Commission announced a proposed order against home security camera company Ring LLC for unfair and deceptive acts or practices in violation of Section 5 of the FTC Act.
Continue Reading FTC Issues Proposed Order Against Home Security Camera Company Ring

On March 16, 2023, the Federal Trade Commission announced it issued orders to eight social media and video streaming platforms seeking Special Reports on how the platforms review and monitor commercial advertising to detect, prevent and reduce deceptive advertisements, including those related to fraudulent healthcare products, financial scams and the sale of fake goods.
Continue Reading FTC Announces Orders to Address Deceptive Advertising on Social Media and Video Streaming Platforms

In February 2023, the US Environmental Protection Agency’s Office of Enforcement and Compliance Assurance quietly released a Compliance Advisory “What You Need to Know about Producing, Distributing, or Selling Pesticide Devices.”
Continue Reading EPA Releases Another Compliance Advisory on Pesticide Devices Due to “Substantial Non-Compliance” with FIFRA Requirements