Here's some big news for anyone who owns -- or is contemplating registration of -- a trademark that may offend certain audiences. The Federal Circuit Court of Appeals ruled on December 22nd that a law banning the registration of disparaging trademarks is unconstitutional. Read more.
December 23, 2015
New York City's Commuter Benefits Law takes effect on January 1, 2016. Under the law, for-profit and nonprofit employers with 20 or more full-time non-union employees working in New York City must offer their full-time employees the opportunity to use pre-tax income to purchase qualified transportation fringe benefits. Read more.
December 21, 2015
In a thrilling and important development, New York has promulgated a new Court Rule, 22 NYCRR § 523 ("Section 523"), that allows lawyers admitted in other jurisdictions, but not admitted in New York, to practice here under certain circumstances. Read more.
December 16, 2015
Here's some important news for persons owning interests in companies operating in New York that are registered in other states. Read more.
December 4, 2015
A recent decision in a long-running data security case is a must-read for corporate executives charged with ensuring the security of personal information. Read more.
November 30, 2015
Encouraging customers to write product reviews is a common and effective marketing tactic. But the disclosure requirements are significant. And a mistake can rankle competitors and lead to scrutiny by regulators or self-regulatory bodies such as NAD. That's what recently happened to The Scotts Company ("Scotts") when United Industries Corporation ("United Industries"), the maker of the Spectracide line of household insect and weed control products, challenged a sweepstakes promotion for the company's competing Ortho Home Defense, Ortho Bug-B-Gon, and Ortho Weed-B-Gon products. Here's what happened. Read more.
November 2, 2015
Here's some news for companies that have to comply with the privacy provisions of the Health Insurance Portability and Accountability Act ("HIPAA"). The U.S. Department of Health and Human Services ("HHS") has announced plans to begin auditing compliance in early 2016. Read more.
October 20, 2015
New York State's tax authorities have been investigating whether New York-area art galleries are properly collecting and remitting New York sales tax on sales of artworks, and a recent New York State Department of Taxation and Finance ("Department") Tax Bulletin has shed some light on several Department positions with regard to sales of property to out-of-state residents, one of which is important to gallerists, collectors and other art industry professionals. Read more.
October 16, 2015
In a recent landmark decision, the Court of Justice of the European Union (the "CJEU") declared the EU-U.S. safe harbor invalid. The ruling comes out of the Schrems v. Facebook case, which has become one of the most widely followed and significant global data privacy cases to date. Read more.
October 16, 2015
A New York federal court has provided the creative community with an important reminder about the risks of portraying composite characters. Read more.
October 13, 2015
In two recent matters, the Federal Trade Commission ("FTC") challenged so-called gag clauses or non-disparagement provisions incorporated in contracts between marketers and consumers, alleging that prohibiting consumers from publishing negative reviews about the marketer is an unfair practice in violation of Section 5 of the FTC Act. Read more.
October 8, 2015
As hurricane Joaquin barrels towards the Northeast, New York lawyers may be reminded of the damage caused by Superstorm Sandy as well as other recent disasters. Read more.
October 2, 2015
In August 2015, the Association of National Advertisers (ANA) announced a groundbreaking program to provide patent insurance to its members. Read more.
September 30, 2015
Here is some big news for trademark owners: Earlier this month, the United States Patent and Trademark Office ("USPTO") began a pilot program to allow owners of registered trademarks to update their registrations to reflect changes to their products made as a result of technological advances. Read more.
September 18, 2015
Media companies and other copyright holders may need to change the way they deal with infringing content on the Internet. Read more.
September 15, 2015
On Wednesday the U.S. Department of Justice (DOJ) issued a memorandum outlining new policies and procedures for United States Attorneys in corporate investigations (the "Memo"). Read more.
September 11, 2015
The Third Circuit Court of Appeals affirmed this week that the Federal Trade Commission ("FTC") has the authority to declare companies' data security practices "unfair" under Section 5 of the FTC Act. Read more.
September 2, 2015
The Food and Drug Administration ("FDA") has sent a warning letter to the pharmaceutical company Duchesnay because of a recent Kim Kardashian social post endorsing the company's morning sickness drug, DICLEGIS.The regulator's action presents a teachable moment for all marketers attempting to leverage celebrity endorsements. Read more.
August 12, 2015
Starting on September 1, 2015, all companies that collect and use data across sites or apps for interest-based advertising - including carriers, apps, ad networks, brands, agencies and publishers - will be required to demonstrate compliance with the Digital Advertise Alliance's Mobile Guidance on its Self-Regulatory Principles ("DAA Mobile Guidance"), which was issued in July, 2013. Read more.
August 6, 2015
While there is no generally applicable federal law in the United States requiring all businesses to take particular steps to secure their sensitive data, the Federal Trade Commission has investigated and penalized numerous companies for failing to implement "reasonable" data security standards. Read more.
August 6, 2015
The National Advertising Division ("NAD") - a widely respected alternative dispute forum for advertisers - recently referred Wal-Mart Stores, Inc. ("Wal-Mart")'s "Raise in Pay" campaign to the Federal Trade Commission ("FTC") after Wal-Mart declined to participate in NAD's process. Read more.
August 4, 2015
As previously reported here, earlier amendments to Telephone Consumer Protection Act (TCPA) rules clarified that telemarketers must obtain prior consent from consumers before distributing prerecorded telemarketing messages via autodialer (a “robocall”) to cell phones and residential landlines. Read more.
July 28, 2015
Following in the footsteps of the Ninth Circuit, the Court of Appeals for the Second Circuit recently held that a director does not have an independent copyright in his contributions to a film. Read more.
July 9, 2015
Your summer interns have only just arrived - and, as you may have heard, the law governing classification of interns has changed. Read more.
July 7, 2015
On June 3, 2015, the New York State Department of Taxation and Finance (NYSDTF) issued an advisory opinion that will have a big impact on New York-based interactive entertainment companies. Read more.
July 1, 2015
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