There's good news for game developers who incorporate real-world elements in their games. On October 20, 2017, the Court of Appeals for the Ninth Circuit affirmed a trial court decision which found that Gran Turismo, a Sony video game, was an expressive work entitled to First Amendment protection Read more.
November 2, 2017
This month we're celebrating Privacy Shield's first birthday with an update on everything Privacy Shield. There have been a number of developments on the Privacy Shield-front that companies certified or seeking self-certification under Privacy Shield need to know. Read more.
October 17, 2017
Here's what's happening at the intersection of sports, marketing, and entertainment law. Read more.
September 29, 2017
The FTC is making a strong push in 2017 to ensure that social media influencers comply with the Commission's Endorsement Guide (the "FTC Guides") and recently updated FTC Guides' FAQs. Read more.
September 18, 2017
Recent developments demonstrate the FTC's continued interest in social media endorsements. Read more.
September 11, 2017
Recently, the FTC announced a set of internal reforms intended to improve the process by which the Commission investigates unfair, deceptive and fraudulent business practices. The reforms relate to the Civil Investigative Demands ("CID") that the FTC's Bureau of Consumer Protection issues to request information from investigation targets. Read more.
September 7, 2017
Recently the New York State Bar Ethics Committee issued a pair of opinions about the limitations on a lawyer's ability to take advantage of certain on-line legal marketing services. Read more.
August 31, 2017
Earlier this month, three class action lawsuits were filed against companies for alleged violations of the Children's Online Privacy Protection Act ("COPPA"). Read more.
August 22, 2017
Here's what's happening at the intersection of sports, marketing, and entertainment law. Read more.
July 12, 2017
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
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
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
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
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
One of the nation's most prominent video game associations has decided to challenge Chicago's controversial "Cloud Tax." Read more.
June 16, 2017
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
Here's what's happening at the intersection of sports, marketing, and entertainment law. Read more.
May 12, 2017
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
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
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
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
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
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
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
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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