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Jessica Ke

Jessica Ke is an associate in the firm’s Privacy and Cybersecurity and Advertising and Consumer Protection Investigations practice groups. Jessica advises clients on a wide range of regulatory and compliance issues, including compliance with state comprehensive privacy laws, advertising substantiation issues, and participation in the regulatory process. Jessica also maintains an active pro bono practice.

On August 14, the FTC announced a final rule that, according to the FTC, is intended to “combat fake reviews and testimonials.”  The rule will go into effect on October 21, 2024.  This final rule is the culmination of the FTC’s issuance of an advance notice of proposed rulemaking (ANPRM) in November 2022 and notice of proposed rulemaking (NPRM) in June 2023.  We previously analyzed the draft rule presented in the NPRM. 

In response to public comments, the FTC made several substantive changes in the final rule.  Many of these changes narrow the rule in helpful ways for businesses concerned about the breadth of the proposed rule, although a few changes arguably expand the rule.  We have outlined some of the major differences between the draft and final rules below:Continue Reading FTC Issues Final Rule on Reviews and Testimonials

On April 17, the Nebraska governor signed the Nebraska Data Privacy Act (the “NDPA”) into law.  Nebraska is the latest state to enact comprehensive privacy legislation, joining CaliforniaVirginiaColoradoConnecticutUtahIowaIndiana, Tennessee, Montana, OregonTexasFloridaDelaware

Continue Reading Nebraska Enacts Nebraska Data Privacy Act

On April 2, the Enforcement Division of the California Privacy Protection Agency issued its first Enforcement Advisory, titled “Applying Data Minimization to Consumer Requests.”  The Advisory highlights certain provisions of and regulations promulgated under the California Consumer Privacy Act (“CCPA”) that “reflect the concept of data minimization” and provides

Continue Reading California Privacy Protection Agency Issues Enforcement Advisory on Data Minimization