TECHNOLOGY, OUTSOURCING, AND COMMERCIAL TRANSACTIONS
NEWS FOR LAWYERS AND SOURCING PROFESSIONALS

Snapchat, a popular smartphone application, recently settled with the Federal Trade Commission (FTC) over allegations that the app misrepresented material elements of its program to the public.

The fog is starting to lift for website operators who have been navigating under murky rules for months. California’s Office of the Attorney General recently published recommendations for meaningful online privacy policy statements, reflecting legislation passed in 2013 regarding “do not track” (DNT) signals. The overriding message for operators is to use clear and simple policies. However, as our firm recently reported, specifications for a uniform DNT Web browser mechanism have yet to surface.

New regulations from the Office of Federal Contractor Compliance Programs (OFCCP) took effect on March 24, impacting contracts between federal contractors and subcontractors. The new regulations pertain to equal employment opportunity and affirmative action requirements with respect to certain categories of protected veterans and qualified individuals with disabilities under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and section 503 of the Rehabilitation Act of 1973, respectively. Although the “bold” new requirement alluded to in the title of this post is really not bold per se, under the new regulations, a federal contractor may be required to include specific contract language, in bold text, in its contracts with subcontractors (e.g., vendors and suppliers).

The Federal Communications Commission (FCC) recently voted to make available for public comment a proposal on protecting and promoting an open Internet, and in particular, the concept of “net neutrality.” The FCC’s May 15 proposal stems from its conclusion that “broadband providers have the incentive and ability to act in ways that threaten Internet openness” and two previous invalidated attempts to impose protections. This Notice of Proposed Rulemaking is available for public comment until September 10, 2014.

As a result of new regulations, the Food and Drug Administration (FDA) has greater authority to regulate drug manufacturers for failing to have adequate controls around supply chain management, including the authority to impose penalties. This authority is derived from new part 711 of the Food and Drug Administration Safety and Innovation Act, which was signed in 2012 to expand the FDA’s authorities and strengthen its ability to safeguard public health.

As part of Morgan Lewis's Technology May-rathon webinar series, Antitrust partners Will Tom, Clay Everett, and Jonathan Rich will discuss lessons from Bazaaarvoice/PowerReviews, Integrated Device Technologies/PLX Technology, and other challenges to high-tech mergers brought by the Department of Justice and Federal Trade Commission in recent years.

This webinar will be held today, Thursday, May 15, from 1 to 2 p.m. Sign up here >

Australian businesses and agencies should take note of amendments to Australia’s Privacy Act, which regulates how organizations collect, handle, and disclose personal information within Australia. The new amendments, which took effect on March 12, are described below.

Who is covered under the amended act?

The Privacy Act applies to any private sector business that has a turnover of greater than AUD3 million (USD2.7 million) or that handles personal information for a benefit, service, or advantage or any entity that handles health or other sensitive information.