Alerts: Entertainment Law
Production Tax Incentives for Documentary Films
State production tax incentives have become an increasingly important part of any financing plan for feature length fiction films. But what about documentary films? Read more.
August 11, 2014
Alerts: Technology Law
FTC Report Finds Disclosures Lacking in Many Mobile Shopping Apps
On August 1, 2014 the Federal Trade Commission issued a study on mobile shopping apps. The report, What's the Deal? An FTC Study on Mobile Shopping Apps, lauded certain mobile shopping apps for providing "beneficial services designed to enhance the consumer shopping experience." Read more.
August 11, 2014
Alerts: Technology Law
California Issues Guidance for Compliance with Recent Updates to CalOPPA
Last month, the California Attorney General's Office released guidelines for businesses on how to comply with recent updates to the California Online Privacy Protection Act. Read more.
July 15, 2014
Alerts: Technology Law
Can FTC Bring “Unfairness” Claims in Alleged Data Security Breach Cases?
That's the important question currently before a federal appeals court - a question with huge implications for advertisers and other custodians of sensitive customer data. How did the question arise? Read more.
July 7, 2014
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Alerts: Legal Ethics and Professional Responsibility
New York Court of Appeals Refuses to Apply “Unfinished Business” Doctrine to Law Firms
In a decision with far reaching implications for law firms and their clients, the New York Court of Appeals firmly rejected the application of the "unfinished business" doctrine - an important principle of partnership law - to lawyers and law firms. Read more.
July 2, 2014
Alerts: Advertising Law
Gone But Not Forgotten – States Move to Expand Post-Mortem Rights of Publicity
Legal protection for individuals' rights of publicity continues to grow, even when the individual in question has died. Read more.
June 30, 2014
Alerts: Legal Ethics and Professional Responsibility
New Ethics Opinion Says New York Lawyers May Use a Virtual Law Office Address in Advertising
In the current legal and economic climate, some lawyers are using - or considering using - so-called "virtual law offices". Read more.
June 16, 2014
Alerts: Intellectual Property Law
New Generic Domain Names (gTLDs): How to Protect Your Brand During the Rollout
The Internet is expanding from 23 familiar "top level" (or after-the-"dot") domain names such as .COM, .ORG and .BIZ to an unlimited number of new domains. Read more.
June 13, 2014
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Alerts: Legal Ethics and Professional Responsibility
In-House Counsel Ethics
In-house counsel face many of the same ethical quandaries private law firm lawyers face. Read more.
June 12, 2014
Alerts: Privacy & Data Security Law
FTC Settles with Snapchat over Alleged Privacy and Security Violations
Snapchat Inc., developer of a popular mobile photo and video messaging app designed to bring the fabled self-destructing message to life, agreed to settle FTC allegations that it misrepresented its privacy and data security practices - including that its messages could be made to "disappear forever" seconds after viewing. Read more.
May 16, 2014
Alerts: Advertising Law
Nailed: NAD Says Beauty Product “Before and After” Photos Are Performance Claims
The National Advertising Division requested that Ontel Products Corporation discontinue use of before-and-after photos in ads for the company's Pink Armor Nail Gel product. The NAD found that the company's before-and-after photographs were not representative of the level of product efficacy that a reasonable consumer could expect to achieve. Read more.
May 12, 2014
Alerts: Legal Ethics and Professional Responsibility
New York Court of Appeals Rules on Attorney Fees Issue
Just three weeks ago, the New York Court of Appeals, in Albunio v. City of New York, issued a ruling on a question that has long bedeviled civil rights and employment lawyers - and their clients. Read more.
April 25, 2014
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Alerts: Employment Law
NYC Law Now Protects Interns Against Workplace Discrimination
Last week, New York City Mayor Bill de Blasio signed a bill amending the New York City Human Rights Law to provide that interns are now protected from workplace discrimination and harassment. Read more.
April 22, 2014
Alerts: Legal Ethics and Professional Responsibility
Law Firm Liability: Court Ruling Will Permit More Fraud Claims to Proceed
In a decision last week Melcher v. Greenberg Traurig LLP, New York's highest court, gave a big boost to plaintiffs wanting to sue lawyers for committing intentional fraud and deceit in the course of a court proceeding. Read more.
April 9, 2014
Alerts: Advertising Law
FTC Pursues False Endorsement Allegations Against “Intermediaries” and Social Media Contests
We recently reported on the FTC's settlement with home security company, ADT LLC for their use of paid endorsers presented to look like impartial experts. As five recent investigations show, the ADT investigation extended to other parties. In addition, the FTC's interest in monitoring endorsements has expanded to include social media promotions. Read more.
April 3, 2014
Alerts: Estate Planning Law
New Law Significantly Impacts the New York State Estate and Gift Tax Regimes
On March 31, 2014, Governor Cuomo signed legislation to implement the New York State fiscal plan for 2014 - 2015. The legislation makes broad changes to the New York State estate and gift tax laws as well as some more technical changes to certain trust income tax rules. Read more.
April 3, 2014
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Alerts: Regulatory
IRS Will Treat Virtual Currencies as “Property”
In Notice 2014-21 issued on March 25, 2014, the IRS announced that it will treat virtual currencies (such as Bitcoin) as "property" for U.S. federal tax purposes. Read more.
March 31, 2014
Alerts: Advertising Law
Ad-ID Deadline for SAG-AFTRA Commercials is April 1
As of April 1, 2014, all commercials produced under the SAG-AFTRA contract featuring SAG-AFTRA talent must incorporate the Ad-ID coding mechanism, developed by the American Association of Advertising Agencies and the Association of National Advertisers in 2003, for commercial tracking and calculating appropriate payments. Read more.
March 28, 2014
Alerts: Advertising Law
Make Sure Your Product Demonstrations Are Not Misleading
The Federal Trade Commission and The National Advertising Division of the Better Business Bureau recently challenged three product demonstrations by major brands, finding that they were misleading to consumers. Here is a rundown of these important regulatory and self-regulatory developments. Read more.
March 18, 2014
Alerts: Advertising Law
FTC Sounds the Alarm on ADT Paid Endorsements
As part of its ongoing focus on endorsements in advertising, the Federal Trade Commission recently settled a case against home security company, ADT LLC, for use of paid endorsers presented to look like impartial experts. In its complaint, the FTC alleged that ADT paid spokespeople to review, demonstrate and promote ADT's "Pulse Home Monitoring System" without disclosing that they were paid to do so. Read more.
March 11, 2014
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Alerts: Employment Law
Earned Sick Time Act
On Wednesday February 26th, the New York City Council voted 46-to-5 to expand the Earned Sick Time Act that is scheduled to go into effect on April 1, 2014. Under the amended law, all businesses with at least five employees (or one domestic worker) must provide workers with five paid sick days a year. Read more.
March 4, 2014
Alerts: Advertising Law
Hold off on that Congratulatory Ad
The Olympics and the Academy Awards always inspire advertisers to run ads congratulating winners. But not so fast. Michael Jordan's lawsuit over a congratulatory advertisement placed by Jewel-Osco Supermarkets in a Sports Illustrated special edition celebrating his induction into the Basketball Hall of Fame was just reinstated on appeal. Read more.
February 20, 2014
Alerts: Advertising Law: Sports Law
LET THE GAMES BEGIN - Last Minute Tips for Marketers to Avoid Running Afoul of Olympic Committees
Now that the "Big Game" is over, marketers are turning their attention to the upcoming Winter Games in Sochi, Russia. While it is tempting to comment on and associate with big worldwide events as they are happening, bear in mind that there are rights holders that enforce and protect their rights to these events. Read more.
February 5, 2014
Alerts: Advertising Law
In Newest Native Advertising Case, NAD tells Shape Magazine to Shape Up!
A recent decision from the National Advertising Division of the Better Business Bureau highlights the increasing interest in native advertising by regulatory and self-regulatory bodies. As the Interactive Advertising Bureau noted in its recently released Native Advertising Playbook, native advertising is hard to define because it can take many different forms, and the questions it poses are far from settled. Read more.
January 31, 2014
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Alerts: Legal Ethics and Professional Responsibility
Business Arrangements with Non-Legal Entities
In the current legal and economic climate, some lawyers are considering business arrangements with non-legal entities. A new ethics opinion by the Committee on Professional Ethics of the New York City Bar Association discusses important ethical issues raised by such business ventures. Read more.
January 30, 2014