This is part of a series of Covington blogs on the implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken by various government agencies to
Hidden No More: FTC Finalizes Rule Restricting Hidden Fees for Live-Event Tickets and Short-Term Lodging
On December 17th, the Federal Trade Commission (“FTC”) announced its final rule intended to require the display of total price for tickets to live events and for short-term lodging.
The rule will require businesses that offer, display, or advertise a price for live-events tickets and short-term lodging to clearly and conspicuously disclose a total price
NDAA Increases Threshold for Task Order Protests and Directs Another Study on Whether Losing Protesters Should Pay
In what has become an annual tradition, this year’s National Defense Authorization Act (“NDAA”) — just passed by the Senate and sent to the President for signature — contains a provision addressing bid protests at the Government Accountability Office (“GAO”).
Likely of greatest interest to contractors is that Section 885 contains language increasing the dollar
ICO Audit on AI Recruitment Tools
On November 6, 2024, the UK Information Commissioner’s Office (ICO) released its AI Tools in recruitment audit outcomes report (“Report”). This Report documents the ICO’s findings from a series of consensual audit engagements conducted with AI tool developers and providers. The goal of this process was to assess compliance with data protection law, identify any
NHTSA Publishes Whistleblower Program Final Rule
On December 12, 2024, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (“NHTSA”) announced the publication of a final rule formalizing its whistleblower program. The Final Rule was officially published in the Federal Register on December 17, fulfilling an obligation established by Congress in 2015 under the Motor Vehicle Safety Whistleblower Act (“MVSWA”).
Section 301 Tariffs and Proceedings: Recent and Potential Developments
Alert December 19, 2024
As discussed in our prior client alert, President-elect Trump’s second term is expected to bring important changes to U.S. trade policy, including with respect to U.S. tariffs. Among the tools Trump may use to modify existing U.S. tariffs is Section 301 of the Trade Act of 1974 (“Section 301”), which provided
Long-Awaited POPIA Guidance on Direct Marketing Published by South Africa’s Information Regulator
The Information Regulator recently published its Guidance Note on Direct Marketing (“Guidance Note”), providing clarity on how personal information can be lawfully processed under the Protection of Personal Information Act (“POPIA”). The Guidance Note offers actionable steps for organizations to align their marketing practices with these principles, fostering responsible marketing that complies with both the
Court Holds CIPA’s Pen Register Provision Does Not Impose Liability for “What Makes the Internet Possible.”
Websites cannot load without the transmission of an IP address, which tells websites where to deliver the webpages displayed on a user’s browser. Yet a number of lawsuits have started challenging this routine transmission of IP addresses under a lesser-known provision of the California Invasion of Privacy Act (“CIPA”) that prohibits the use of “pen
Ninth Circuit Denies Class Certification because Causation Theory Requires Individual Analysis of Claims
In a recent decision, the Ninth Circuit offered a useful reminder that the need for individualized proof of causation can affect multiple elements of the Rule 23 test for class certification.
In Small v. Allianz Life Ins. Co. of N. Am., No. 23-55821, — F.4th —-, 2024 WL 5051192 (9th Cir. Dec. 10, 2024), resolving
Just Weeks After COP16: CBD Secretariat Launches Stakeholder Consultations for the Operationalization of the DSI Mechanism. How Should Companies Engage?
The Secretariat of the Convention on Biological Diversity (CBD) has opened four consultations inviting stakeholder input on the development of the new Multilateral Mechanism on Benefit-Sharing (MLM) for Digital Sequence Information (DSI), including the establishment of the global benefit-sharing fund known as “The Cali Fund.”
Companies are encouraged to actively participate in these consultations