Alerts: Privacy & Data Security Law
Third State Adopts Biometric Privacy Law
On June 1, 2017, Washington State joined Illinois and Texas as the third state to pass a biometric privacy law. The law, H.B. 1493, which goes into effect July 23, 2017, covers any business entity that collects biometric identifiers for commercial purposes. Read more.
July 11, 2017
Alerts: Advertising Law
End of an Era at NAD?
Last week Frankfurt Kurnit's Advertising Group proudly hosted "A Twenty-Year NAD Retrospective: The Levine Legacy," an ABA program honoring Andrea Levine, on the occasion of her retirement as Director of NAD. With NAD transitioning to new (as yet unnamed) leadership, we thought it would be a good time to review some of the best practices that guide NAD practitioners every day. Read more.
July 10, 2017
Alerts: Privacy & Data Security Law
Children’s Privacy: FTC Issues New COPPA Guidance for IoT and Connected Devices
Last week, the Federal Trade Commission ("FTC") released a new report, Six-Step Compliance Plan for Your Business, to help companies understand their obligations under the Children's Online Privacy Protection Act ("COPPA"). Read more.
June 28, 2017
Alerts: Privacy & Data Security Law
A Big Phone Bill: Dish Network Telemarketing Violation Verdicts Total Approximately $341 Million
In a cautionary tale for marketers, two courts recently found satellite TV provider Dish Network ("Dish") liable for repeated and willful violations of federal and state telemarketing laws. Read more.
June 23, 2017
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Alerts: Intellectual Property Law
Supreme Court Strikes Down Lanham Act Prohibition on Registration of Disparaging Trademarks
On June 19, 2017, the Supreme Court unanimously ruled in Matal v. Tam that Section 2(a) of the Lanham Act, which prohibits the federal registration of disparaging trademarks, is unconstitutional because it violates "a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend." Read more.
June 20, 2017
Alerts: Entertainment Law
Video Game Association Challenges Chicago’s Online Streaming Services Tax
One of the nation's most prominent video game associations has decided to challenge Chicago's controversial "Cloud Tax." Read more.
June 16, 2017
Alerts: Advertising Law
FTC “Influencer” Letters Shed More Light on “Clear and Conspicuous”
The FTC staff recently sent out more than 90 letters reminding influencers and marketers that influencers should clearly and conspicuously disclose their relationship to brands when promoting or endorsing products through social media. Read more.
May 30, 2017
Alerts: Sports Law
May Sports Industry News
Here's what's happening at the intersection of sports, marketing, and entertainment law. Read more.
May 12, 2017
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Alerts: Advertising Law
It’s Blowing Up: Lessons from Two Recent Social Media Promotions
Last week, the apparel company Sunny Co Clothing launched an Instagram promotion promising to give away the red swimsuit below for free (except for shipping and handling costs) to each person who reposted the photo and tagged the company. Unfortunately, the company failed to cap the number of participants or make clear this was a "limited supply" offer, instead promising the free suit to "EVERYONE" who complied with the giveaway terms. Read more.
May 10, 2017
Alerts: Intellectual Property Law
Federal Appeals Court Weakens DMCA Safe Harbor Protection for Moderated Online Content
If you're an online publisher or other internet service provider ("ISP") that relies on moderators to police or curate user-generated comments or other content, your risk of liability for copyright infringement just increased. Read more.
May 2, 2017
Alerts: Advertising Law
Honesty is Not the Same as Full Disclosure: the FTC’s Recent Letters to Influencers
The FTC staff recently sent out more than 90 letters reminding influencers and marketers that influencers should clearly and conspicuously disclose their relationship to brands when promoting or endorsing products through social media. Read more.
April 21, 2017
Alerts: Privacy & Data Security Law
Start Your Engines: We Have to Deal With GDPR, What Now?
Back in January, we posted about the circumstances in which your company, even if based in the US, must comply with the EU General Data Protection Regulation (GDPR), taking effect in May 2018. Here we will provide a high level checklist to help you start down the path of GDPR readiness. Read more.
April 13, 2017
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Alerts: Sports Law
April Sports Industry News
So much is happening at the intersection of sports, marketing, and entertainment that we've been inspired to send you summaries to help you put it all into context. Please enjoy this month's content. Read more.
April 11, 2017
Alerts: Art Law
Appraisal Relied on by Estate Undervalued Paintings by $1.77 Million
Recently, in Estate of Kollsman v. Commissioner the U.S. Tax Court held that an art collector's estate significantly underreported the value of two artworks for estate tax purposes. The problem: the estate relied on appraisals by an auction house specialist who had an incentive to "lowball" the appraisals to win the right to later auction the works. In addition to this conflict of interest, the court found that the values reported by the estate were unpersuasive because the auction house specialist exaggerated the dirtiness of the paintings and failed to adjust his appraisals after one of the works sold at auction for approximately five times more than the reported value. Here's what you need to know about the case. Read more.
April 4, 2017
Alerts: Intellectual Property Law
Supreme Court Supports Copyright Protection for Fashion and Industrial Designs
On March 22, 2017, the Supreme Court ruled in Star Athletica v. Varsity Brands that copyright law can protect designs on cheerleading uniforms. Read more.
March 23, 2017
Alerts: Advertising Law
The Truth Will Set You Free: The FTC Provides New Guidance on Consumer Reviews
Late last year, Congress passed the Consumer Review Protection Act, a law designed to stop businesses from using contracts to prevent customers from posting honest reviews about the business. Read more.
March 8, 2017
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Alerts: Privacy & Data Security Law: Technology Law
No Harm, No Foul: Court Dismisses Biometric Data Privacy Class Action Against NBA 2K Games
Biometric data — from, e.g., retina, face and fingerprint scans — plays a big role in the current wave of new technology services. For example, biometrics provide security features for financial and healthcare products. But companies using or thinking of using biometric data have to comply with myriad privacy and data security laws and regulations, or face potential enforcement action and litigation. Read more.
February 16, 2017
Alerts: Technology Law
ZeniMax v. Oculus: Lessons from a $500 Million VR Case Verdict
The Oculus Rift has been one of the most anticipated technology developments in modern video game history. Now — as a result of avoidable mistakes — it is also a teaching case for lawyers advising clients in the interactive entertainment space. Here's a rundown of the case and the traps the developers fell into. Read more.
February 9, 2017
Alerts: Intellectual Property Law
Does IP Law Protect Cake and Pastry Designs?
A chef who created a cake for President Obama's inauguration in 2013 recently tweeted a photograph showing two cakes. According to the chef, one was created for the Obama inauguration and the other was for an inaugural ball for President Trump. The Trump cake baker apparently admitted copying the Obama cake design (and stated the proceeds would be donated to a charity). So among the many legal questions raised by the new Trump administration, there lies an interesting IP question: can a baker, chef or restaurateur use intellectual property law to protect a cake or pastry design? Read more.
February 3, 2017
Alerts: Commercial Litigation
NY Court Expands Protections for Employers to Safeguard Proprietary Information
Yesterday a New York State appeals court reinstated the conviction of a former Goldman Sachs computer programmer under New York's unlawful use of secret scientific material statute. In doing so, the court gave a twenty-first century voice to a statute that was written in the age of blueprints and photocopiers. Read more.
January 27, 2017
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Alerts: Intellectual Property Law
Ten Resolutions for a Happy and Healthy Trademark Portfolio
Here are our top ten resolutions to ensure your trademark portfolio is happy and healthy. Read more.
January 4, 2017
Alerts: Privacy & Data Security Law
FTC Hits Targeting Platform Turn Inc. for Deceptive Online Tracking
On Tuesday, December 20, the FTC announced a settlement with digital marketing platform Turn Inc. over claims that the company deceptively tracked users across the Internet for advertising purposes. Read more.
December 22, 2016
Alerts: Advertising Law
FTC Finds “All Natural” Claim Violated FTC Act
The FTC has issued a Final Order against California Naturel, Inc., a seller and marketer of personal care products, finding that the company's "all natural" claims were false and misleading in violation of the FTC Act. Read more.
December 15, 2016
Alerts: Employment Law
Overtime Rule Hang-Up Requires Careful Communication About Pay Decisions
Wendy Stryker is featured in the Society for Human Resource Management article, "Overtime Rule Hang-Up Requires Careful Communication About Pay Decisions." View Article
December 2, 2016
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Alerts: Intellectual Property Law
Copyright Infringement: Get Ready for New DMCA Agent Designation Rules
Out with the old, in with the new. That's the latest slogan of the Copyright Office which, on December 1, 2016, finally brings its nearly 20-year old system for designating Digital Millennium Copyright Act ("DMCA") agents online. Read more.
November 30, 2016