The American Music Fairness Act (“AMFA”) has been re-introduced in the Senate for this Congress. Sen. Padilla (D-CA) introduced the bill (S.253) earlier this month, along with Sens. Blackburn (R-TN), Tillis (R-NC), and Feinstein (D-CA). The bill was referred to the Judiciary Committee, on which every cosponsor serves. Further, Sen. Tillis serves as
February 2023
FHWA Buy America Waiver for Electric Vehicle Chargers
On February 21, 2023, the Federal Highway Administration (“FHWA”) published a Notice of Waiver for Buy America requirements related to Electric Vehicle (“EV”) Chargers, 88 Fed. Reg. 10619. This waiver notice follows the Notice of Proposed Waiver published by FHWA on August 31, 2022. See 87 Fed. Reg. 53539. In response to a robust…
UK Information Commissioner’s Office Publishes Guidance for Video Game Developers and Designers to Improve Data Protection in their Services
On February 16, 2023, the UK Information Commissioner’s Office (“ICO”) released guidance for the video game industry on how to conform with the UK’s Age Appropriate Design Code when developing video games. This blog post summarizes the ICO’s recommendations for video game developers and designers when creating video games that are likely to be accessed…
Ninth Circuit Reverses Course on Arbitration
The Ninth Circuit recently held in Chamber of Commerce v. Bonta that the Federal Arbitration Act preempts a California law that criminalizes employer conduct that requires employees to consent to arbitrate claims arising under the California Fair Employment and Housing Act. This ruling came after the same panel previously held that the law, Assembly Bill…
Italian Garante Fines Three Hospitals Over Their Use of AI for Risk Stratification Purposes, Establishes That Predictive Medicine Processing Requires the Patient’s Explicit Consent
On 24 January 2023, the Italian Supervisory Authority (“Garante”) announced it fined three hospitals in the amount of 55,000 EUR each for their unlawful use an artificial intelligence (“AI”) system for risk stratification purposes, i.e., to systematically categorize patients based on their health status. The Garante also ordered the hospitals to erase all the data they…
Senate Judiciary Committee Holds Hearing on Children’s Online Safety
On Tuesday, February 14, 2023, the Senate Judiciary Committee held a hearing titled “Protecting Our Children Online.” The witnesses included only consumer advocates, and no industry representatives. As Committee Chair, however, Senator Durbin (D-IL) indicated that he plans to hold another hearing featuring representatives from technology companies.
The key takeaway was that there…
European Commission Plans to Improve Cooperation Between Supervisory Authorities in Cross-Border GDPR Cases
On February 20, 2023, the European Commission launched an initiative to further specify procedural aspects relating to the enforcement of the GDPR (“ procedural initiative”). The aim of the procedural initiative is to clarify the administrative procedure that applies in cross-border investigations and enforcement under the GDPR. These rules are expected to clarify and complement…
New York Federal Court Dismisses Two False Advertising Suits Based on Malic Acid
By Kaixin Fan & Cort Lannin
Judge Karas in the Southern District of New York recently dismissed two lawsuits alleging that defendants’ beverage products contained synthetic malic acid that functioned as a flavoring agent, rendering the “100% natural flavors” and “natural flavor with other natural flavor” claims on the product labels false and/or misleading. …
Covington Releases Updated Survey of Federal and State Campaign Finance, Lobbying, and Gift Rules (2023 Edition)
Covington annually publishes a detailed survey of state campaign finance, lobbying, and gift rules. Now, for the first time, Covington is releasing an updated survey that details federal campaign finance, lobbying, and gift rules, in addition to those of the 50 states and the District of Columbia. Corporations, trade associations, non-profits, other organizations, and individuals face…
Dior’s Virtual Try-On Tool Fits in BIPA Healthcare Exemption, Illinois Court Says
Dior recently defeated an Illinois Biometric Information Privacy Act (“BIPA”) putative class action on the pleadings by arguing that BIPA’s exemption for patient data captured in a health care setting covered the plaintiff’s use of Dior’s virtual try-on tool while shopping for non-prescription sunglasses. See Warmack-Stillwell v. Christian Dior, Inc., No. 1:22-CV-04633 (N.D. Ill. Feb.…