Alerts: Advertising Law
Recent Decisions Highlight Importance of Compliance with Online Behavioral Advertising Principles
The Online Interest-Based Advertising Accountability Program has recently released a handful of decisions addressing the responsibilities of the advertiser, agency and platform when collecting consumer information for online behavioral advertising. Read more.
January 22, 2014
Alerts: Advertising Law
FTC Issues Updated Guidance on Weight Loss Claims
The Federal Trade Commission (the "FTC" or the "Commission") announced this week that it updated its guidance for publishers and broadcasters on how to spot deceptive or false weight-loss claims when screening advertisements for publication. Read more.
January 15, 2014
Alerts: Legal Ethics and Professional Responsibility
Ethics Roundup for 2013: Six Developments that Affect the Way We Practice Law
Our work as professional responsibility attorneys over the past year has given us a front row seat to the most bedeviling ethical conundrums faced by lawyers. In our final Ethics Alert of 2013, we re-cap six important developments for New York-area lawyers, along with tips for staying on the right side of the line. Read more.
December 26, 2013
Alerts: Estate Planning Law
Governor Cuomo Signs New York State Nonprofit Revitalization Act of 2013
On December 18, 2013, the "Nonprofit Revitalization Act of 2013" (the "Act") was signed into law by Governor Cuomo. The Act represents a major overhaul to New York's Not-for-Profit Corporation Law, the first of its kind in over 40 years. Read more.
December 20, 2013
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Alerts: Employment Law
Minimum Wage Increases and Reminders of Changes for the New Year for New York Employers
For those employers covered by New York's new Hospitality Wage Order, tip credit rules are also changing effective December 31, 2013. Read more.
December 20, 2013
Alerts: Legal Ethics and Professional Responsibility
Are Your Pre-Merger Communications with Your Client Protected?
The purchaser in a corporate merger owns the seller's pre-merger communications with its lawyer, according to a recent Delaware decision. In Great Hill Equity Partners Iv, LP v. SIG Growth Equity Fund I, LLP, the buyer sued former shareholders of the seller alleging they fraudulently induced the buyer to enter into the transaction. Read more.
December 10, 2013
Alerts: Advertising Law
Highlights from FTC’s Native Advertising Workshop: More Questions Than Answers?
The Federal Trade Commission (the "FTC") hosted its much-anticipated workshop, "Blurred Lines: Advertising or Content?", in Washington, DC. The workshop facilitated a discussion among major industry stakeholders on the practice of "native advertising" in order to help the FTC determine whether additional regulatory guidance is needed. Read more.
December 9, 2013
Alerts: Restaurant Law
Federal Court Says Supervisors May Participate in Tip Sharing
On November 21, 2013, the Second Circuit in New York issued a decision in Barenboim v. Starbucks, interpreting § 196-d of New York's Labor Law, which prohibits an employer, his or her agent or an officer of a corporation from retaining any part of a gratuity. Read more.
December 2, 2013
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Alerts: Intellectual Property Law
Proposed Bill Would Help Brand Owners Keep Trademark and Copyright Infringing Goods Out of the U.S.
Brand owners and intellectual property rights advocates are reaching out to Congress to voice their support for S. 662, the "Trade Facilitation and Trade Enforcement Reauthorization Act of 2013." The bill, if passed, would strengthen enforcement of intellectual property laws at U.S. borders. Read more.
November 12, 2013
Alerts: Legal Ethics and Professional Responsibility
Use of “Of Counsel” Title for Lawyers in Foreign Countries
A recent New York City Bar Professional Ethics Committee opinion offers important new guidance to New York law firms on use of the "of counsel" title for lawyers who work in foreign countries. The opinion states that a New York law firm can designate as "of counsel" a New York attorney who resides and practices law overseas, provided the firm complies with three criteria. Read more.
November 7, 2013
Alerts: Employment Law
Legal Requirements for Working with Child Models
On October 21, New York State passed a new child labor law. This law adds print and runway models under the age of 18 to the definition of "child performers" protected by the New York Labor Law. Read more.
November 5, 2013
Alerts: Advertising Law
iPhone Accessories Company Settles FTC Charges
A marketer of iPhone accessories and other products recently settled Federal Trade Commission charges that the company made false claims that its products are made in the United States. Read more.
October 29, 2013
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Alerts: Privacy & Data Security Law
California Amends Its Online Privacy Protection Act
Last month California introduced two amendments to the state's privacy law, the California Online Privacy Protection Act. The amendments establish new requirements for operators of websites, online services and mobile apps that collect personal information about California residents. Read more.
October 21, 2013
Alerts: Advertising Law
Reminder: New Written Consent Requirements for Telemarketing Calls Go into Effect on Oct 16, 2013
In February 2012, the FCC approved and published the amended Telephone Consumer Protection Act regulations, which provide additional protections for consumers concerning autodialed and prerecorded calls. Read more.
October 16, 2013
Alerts: Advertising Law
Native Advertising Sweeps Industry Regulatory Landscape
In the modern media landscape, companies often blend advertisements with news, entertainment, and other content, a practice sometimes referred to as "native advertising." When consumers do not realize that they are viewing advertising or sponsored content both the media and the advertisers generally have an obligation to disclose to consumers that the content is, in fact, sponsored content. Read more.
October 14, 2013
Alerts: Advertising Law
EA Settles Major Right of Publicity Case with Athletes
Popular video game manufacturer Electronic Arts recently settled claims brought against the company by former college athletes over EA's use of athletes' personas in its major game series, NCAA Football and NCAA Basketball. Read more.
October 14, 2013
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Alerts: Estate Planning Law
Increased Exemptions Provide Estate Planning Opportunities
The current Federal estate, gift and generation-skipping transfer tax exemption amounts are projected to increase in 2014. Here are he projected adjustment, compared to 2012 and 2013. Read more.
October 1, 2013
Alerts: Advertising Law
Facebook Changes its Promotions Guidelines
Facebook introduced significant changes to its terms of service yesterday in an effort to make it easier for businesses to administer sweepstakes, contests and other promotions on its site. Read more.
August 28, 2013
Alerts: Advertising Law
FTC Bars Mattress Companies from Making Unsupported Green Claims
In separate settlements with the FTC, three mattress manufacturers recently agreed to stop making alleged unsupported green claims, including that their mattresses do not contain harmful volatile organic compounds. Read more.
August 8, 2013
Alerts: Legal Ethics and Professional Responsibility
Can Lawyers Advise Clients to Delete Social Media Content?
Increasingly, lawyers are faced with questions about whether they should advise clients about the use of social media. While news reports and ethics opinions have focused primarily on lawyers' social media use, the issue of client counseling has received less attention. Now, a new ethics Opinion by the New York County Lawyers Association concludes that lawyers may ethically counsel clients about their use of social media, including, in some circumstances, advising them to "take down" social media content. Read more.
July 29, 2013
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Alerts: Estate Planning Law
Supreme Court Recasts Estate Planning for Same-Sex Spouses
As you probably know, two recent Supreme Court cases have altered the estate planning landscape. Here's a summary of what happened with the Defense of Marriage Act - and suggestions for how to proceed. Read more.
July 17, 2013
Alerts: Employment Law
Courts Scrutinize Summer Internship Programs for Payment Errors
For some companies, summer interns aren't just bringing coffee this year. They're also bringing legal trouble. In an important decision on the subject of unpaid interns, a New York federal court ruled in June that Fox Searchlight Pictures Inc. should have classified certain interns as "employees" and paid them pursuant to state and federal wage and hour laws. Here's a summary of what you need to know to help ensure your intern program is on the right side of the law. Read more.
July 10, 2013
Alerts: Advertising Law
Distinguishing Advertising from Search Results
As part of its ongoing effort to provide guidance to digital advertisers (including the recent release of the updated digital advertising guidance, staff at the Federal Trade Commission's Bureau of Consumer Protection recently sent a letter to search engine companies, including Google, Bing, Yahoo! and various shopping, travel and local business search engines. Read more.
July 1, 2013
Alerts: Advertising Law
Vermont Lifts Restriction on Purchases in Contests of Skill
A big change in a small state may have made your skill contests easier: Vermont has amended its Contests and Sweepstakes law to permit marketers to require a purchase as part of a contest. Read more.
May 20, 2013
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Alerts: Privacy & Data Security Law
FTC Answers 92 Questions About Its Revised Children’s Online Privacy Protection Act Rules
In an effort to provide clarity on it its revised Children's Online Privacy Protection Rule ("Rules"), the FTC recently published a list of Frequently Asked Questions ("FAQs") with information on how to comply. Read more.
May 16, 2013