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The need for pro bono assistance continues to grow nationwide,
emphasizing how essential lawyers are in ensuring justice for all.
Last week’s National Pro Bono Week celebrated that commitment,
and the difference attorneys can make for individuals and
organizations who might otherwise go without counsel.
This year, members of Kelley Drye’s Advertising Law
practice, including Aaron Burstein, Darby Hobbs, Katrina Hatahet, Donnelly McDowell, Gonzalo Mon, Katie Rogers, and Christie Thompson, have dedicated their time
to matters ranging from advocating for children and asylum seekers
to advising nonprofit organizations that strengthen their
communities.
The team also proudly continues its longstanding partnership
with the Legal Aid Society of the District of Columbia. This year,
Kelley Drye joined the Making Justice Real Campaign, raising a
record-breaking amount—and yes, a few pies were thrown in the
process! Thanks to the generosity of our colleagues, we led our
firm size category and ranked in the Top 10 of 75 participating
firms. That support helped Legal Aid DC surpass its fundraising
goal, expand services to immigrant communities, and continue
fighting fearlessly for those most in need.
IN THE NEWS
Aaron Burstein Quoted on US Bulk Data Rule
Partner Aaron Burstein was quoted in “Ad Tracking
Tools Subject to Further Scrutiny Under US Bulk Data Rule”
published by MLex. The article covers the bulk data rule,
also known as the Data Security Program, which restricts the sale
or sharing of Americans’ personal data with certain countries.
The rule has a broad scope, which may include many website tracking
tools and companies that use them. Read more.
Laura VanDruff Discusses the CPPA’s Recent Decision
Against Tractor Supply Company
Partner Laura Riposo VanDruff was quoted in
“CPPA’s Tractor Supply Decision Offers Lessons As
Enforcement Focus Moves From Education to Deterrence” by
Cybersecurity Law Report. The article covers the
California Privacy Protection Agency’s (CPPA) recent decision
against Tractor Supply Company, which was fined $1.35 million for
violating Californians’ privacy rights. Laura provides some
background on the significance of the decision, since it is the
highest fine yet resulting from a CCPA investigation. Read more.
Paul Singer Interviewed by Billboard on Ticketmaster
Lawsuit
Partner and State Attorneys General practice chair Paul Singer was interviewed by
Billboard on the Federal Trade Commission’s lawsuit
against Ticketmaster and Live Nation, as well as general background
information on state and FTC enforcement on matters of consumer
protection. Seven state AGs and the FTC are coordinating on the
Ticketmaster lawsuit, which claims the company did not enforce its
policies against using bots to purchase large amounts of tickets.
Read more.
Donnelly McDowell Quoted on State MAHA Laws
Partner and Advertising and Marketing practice leader Donnelly McDowell was quoted in “Food
Companies Face Growing Patchwork of State MAHA Laws” by
Law.com. The article covers the Make America Healthy Again
(MAHA) food related legislation in a number of states. The
regulatory push is from many Republican-controlled states, which
Donnelly says represents a big shift in food regulation. He also
mentions the compliance challenges that come from this changing
landscape. Read more.
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the Ad Law Access blog.
Three Compliance Curve Balls to Watch Under
Maryland’s Comprehensive Privacy Law (MODPA)
While October 1, 2025—the effective date of Maryland’s
Online Data Privacy Act (“MODPA” or the
“Act”)—has come and gone, businesses still have
some time to ensure their practices are compliant. By its own
terms, MODPA does not apply to “any personal data processing
activities before April 1, 2026,” (though it requires data
protection assessments for certain processing activities that occur
on or after October 1, 2025) and requires the Maryland Attorney
General to consider whether to provide a 60-day cure period for
alleged violations until April 1, 2027. With these buffers in mind,
we highlight some of the particularly challenging features of MODPA
and practical ways that businesses can address them.
Uncertainty in the Charitable Sector: Insights
from the NAAG NASCO Conference and Other AG Matters
Charities serve a vital role in communities throughout the
United States, providing essential services and advancing the
public good. In recognition of their contributions, they are
granted favorable tax treatment, which is balanced by heightened
oversight from regulatory and enforcement
authorities—including state attorneys general and, in some
jurisdictions, secretaries of state. These officials are
responsible for registering charitable organizations, overseeing
their activities, and protecting charitable assets. A recent
example of this oversight is the settlement between Kars-R-Us.com
Inc. and its owners with 19 states and the FTC, following
allegations of deceptive charitable fundraising practices.
California Takes Action on Youth Online Safety:
FAQs on the Digital Age Assurance Act
On October 13, 2025, California Governor Gavin Newsom signed AB
1043, the Digital Age Assurance Act, into law.
The Big Tech-supported measure, which takes effect on January 1,
2027, adopts an app-store centric age assurance model, where the
operating system providers (think: Apple iOS, Google Android) are
responsible for communicating age signals to app developers upon
request. The new law follows a recent trend of shifting away from
age checks on individual sites or services (and the attendant data
security risks that have resulted, exemplified most recently by the
Discord data breach that exposed 70K photo IDs) and towards a model
that relies on age checks at the operating system level.
Newsom Signs Trio of New Privacy Laws with
Potentially Big Implications
2025 has further solidified California’s position as a
first-mover in U.S. privacy law. On October 8, 2025, California
Governor Gavin Newsom signed three new pieces of privacy
legislation into law, including the California “Opt Me Out
Act,” which will require web browsers to include built-in
opt-out preference signal functionality and has been subject to
both praise and criticism from stakeholders.
NAD Revives “Review Hijacking” Concept
Dropped from FTC Rulemaking
When the FTC proposed its consumer reviews and testimonials rule
in 2023 (discussed here), it included a provision targeting
so-called “review hijacking” — the practice of
reusing reviews written for one product to promote a
“substantially different” one. The FTC defined
“substantially different product” as a product that
differs “in one or more material attributes other than color,
size, count, or flavor.” According to the agency, this
practice misleads consumers by suggesting that reviews for a
particular product apply equally to a new or different version.
AG CHRONICLES
Be sure to check out AG Chronicles: a monthly newsletter breaking
down State Attorneys General consumer protection issues and
highlighting news from the states. You may subscribe here.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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