Alerts: Privacy & Data Security Law: Technology Law
European Court of Justice Declared EU-U.S. Safe Harbor Invalid - What This Means for Your Company
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
Alerts: Entertainment Law
Be Careful When Creating Composite Characters
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
Alerts: Advertising Law
FTC Challenges Consumer Gag Clauses as Unfair Practices
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
Alerts: Legal Ethics and Professional Responsibility
A Storm on the Horizon - When to Communicate with Clients About Destroyed Files
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
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Alerts: Advertising Law
Risk Management: New Patent Insurance Will Help Marketers Fight Claims from “Trolls”
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
Alerts: Intellectual Property Law
Trademark Office Now Permits Amendment of Registrations to Reflect Technological Advances
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
Alerts: Entertainment Law: Intellectual Property Law
9th Circuit Rules That Copyright Holders Must Consider Fair Use Before Issuing DMCA Takedown Notice
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
Alerts: Commercial Litigation
A Spirit of “Cooperation”: What You Need to Know About the DOJ’s New Enforcement Policies
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
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Alerts: Privacy & Data Security Law: Technology Law
Federal Appeals Court Confirms FTC Can Bring “Unfairness” Claims in Data Security Breach Cases
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
Alerts: Advertising Law
OMG! Kim Kardashian Social Media Post Creates Headache for Drug Marketer
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
Alerts: Privacy & Data Security Law: Technology Law
Enforcement of the Digital Advertising Alliance’s Mobile Guidance Will Begin on September 1st
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
Alerts: Privacy & Data Security Law: Technology Law
FTC Recommends 10 Steps to Help Ensure Data Security
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
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Alerts: Advertising Law
Into the Fire: Wal-Mart Opts Out of NAD Review - and Is Referred to the FTC
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
Alerts: Advertising Law
Calling or Texting Consumers? New FCC Order Clarifies Rules of the Road
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
Alerts: Entertainment Law
No Cut Here: Second Circuit Holds Director Does Not Own Separate Copyright for His Contribution
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
Alerts: Employment Law
New Legal Rules for Unpaid Internship Programs
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
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Alerts: Entertainment Law
Video Games and New York Sales Tax
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
Alerts: Advertising Law
FTC Updates Endorsement Guide FAQs
Six years ago the FTC updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the "Guides") and issued FAQs to explain the impact of the changes on new marketing channels and techniques. Last week, the FTC again updated its guidance through a new set of FAQs. Read more.
June 4, 2015
Alerts: Privacy & Data Security Law: Technology Law
New EU Data Protection Law May Be Ready This Year
In January, 2012, the EU legislative bodies proposed an updated and more harmonized data protection law to replace the existing EU Data Protection Directive 95/46/EC. Read more.
June 4, 2015
Alerts: Advertising Law
All in a Name: NAD Recommends Advertiser Change Product Names - Even Absent Consumer Confusion
Unilever United States, Inc. recently challenged certain Vogue, International, Inc. shampoo product names. NAD determined that Vogue's product names, such as Renewing Argan Oil of Morocco Shampoo and Nourishing Coconut Milk Shampoo, touted the inclusion of certain "exotic" ingredients but that those ingredients did not provide the benefit also touted in the product name. Read more.
May 27, 2015
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Alerts: Entertainment Law
No Copyright in Five-Second Performance: Ninth Circuit Dissolves Prior Takedown Injunction
In a much anticipated opinion, the Ninth Circuit has dissolved a takedown injunction previously issued against Google and YouTube, prohibiting the companies from posting or displaying any version of the controversial film Innocence of Muslims that included Ms. Cindy Lee Garcia. Read more.
May 18, 2015
Alerts: Advertising Law
FTC Shuts Down Revenge Porn Site
Earlier this year, the FTC publicly banned the operator of an alleged "revenge porn" website from sharing nude videos or photographs of people without their affirmative express consent. Read more.
May 15, 2015
Alerts: Privacy & Data Security Law
FTC Settles with Mobile Tracking Services Company for Privacy Policy Misrepresentation
Your e-commerce company probably has a privacy policy (if it doesn't, then it should). But is anyone checking to see that the company follows the policy? Companies that don't follow their own privacy policies can get into legal hot water pretty quickly. Read more.
May 6, 2015
Alerts: Privacy & Data Security Law
FTC Pursues Companies for Privacy Certification Misrepresentations
The FTC recently filed complaints alleging two US businesses that claimed to be in compliance with the US-EU Safe Harbor Framework were, in fact, no longer compliant. Read more.
April 29, 2015
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Alerts: Technology Law
Data Security: Seven Steps to Help Safeguard Your Company’s Personally Identifiable Information
A day barely passes without news of a major data breach perpetrated by outsiders who gained unauthorized access to sensitive personal information and intellectual property stored on company computers. Read more.
April 10, 2015