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
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
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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
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
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Alerts: Legal Ethics and Professional Responsibility
Bits or Mortar: Will New York Continue to Require Non-Resident Lawyers to Have Physical Offices?
For a variety of reasons, some New York lawyers choose to practice "virtually" - that is, they conduct their business primarily over the Internet, rather than through a physical law office. Read more.
April 9, 2015
Alerts: Entertainment Law
“MY BIG FAT GREEK WEDDING”: A Securities Law Trap
We frequently see private placement memoranda, seeking to raise capital for films, which refer to independent film success stories such as "My Big Fat Greek Wedding," "Little Miss Sunshine," or other independent films which became box office hits. Read more.
March 26, 2015
Alerts: Intellectual Property Law
Supreme Court Rules on Precedential Impact of Trademark Trial and Appeal Board Decisions
The recent Supreme Court decision in B&B Hardware, Inc. v. Hargis Industries, Inc. contains some important news for trademark owners and practitioners. Read more.
March 26, 2015
Alerts: Advertising Law
But Wait, There’s More: Infomercial Product Marketer Will Pay $8 Million to Settle
Have you ever wondered whether a late-night television infomercial offer was too good to be true? Advertising regulators wonder the same thing. Read more.
March 13, 2015
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Alerts: Advertising Law
Not Satisfied: FTC Says Car Shipment Broker Misrepresented Online Reviews
AmeriFreight, an automobile shipment broker, has agreed to settle FTC charges that it deceived customers by advertising the quantity and quality of its online customer reviews, while failing to disclose that it provided incentives to its customers to author them. Read more.
March 5, 2015
Alerts: Advertising Law
Paying Attention: FTC Focuses on Cognitive Function Claims in a Video Game
The Federal Trade Commission has made clear in recent months that it will scrutinize claims from advertisers about products that allegedly improve cognitive function, including video game products. Read more.
February 23, 2015
Alerts: Technology Law
The Internet of Things: Best Practices for Developers
What is the Internet of Things (the "IoT")? It's the ability of everyday objects to connect to the internet and collect and transmit data. Read more.
February 18, 2015
Alerts: Art Law
What to Do if You Receive a Subpoena
The press has reported on an investigation by the New York County District Attorney's Office into whether New York-based art galleries and collectors are properly collecting and paying sales tax on art purchases. Read more.
February 12, 2015
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Alerts: Advertising Law
Get Ready for Changes to Fair Packaging and Labeling Act Regulations
There's news for consumer product manufacturers, packagers and distributors. Read more.
February 6, 2015
Alerts: Entertainment Law
On Further Review: Former NFL Players’ Right of Publicity Suit Advances
There was a big development in the closely followed Davis v. Electronic Arts, Inc. case - a case focusing on the alleged unauthorized use of player images and likenesses in the popular Madden NFL video game series. Read more.
February 3, 2015
Alerts: Intellectual Property Law
Protect Your Trademarks in Cuba Now
With President Obama's December 17, 2014 announcement of the reestablishment of diplomatic relations with Cuba, a number of travel and trade restrictions with Cuba have been lifted, with more expected to follow. Read more.
January 29, 2015
Alerts: Advertising Law
FTC Focuses on Search Terms in Settlement with Maker of Children’s Dietary Supplements
The FTC recently settled a children's dietary supplements complaint with NourishLife, LLC and its owner, Mark Nottoli. Read more.
January 26, 2015
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Alerts: Technology Law
Six Essential Steps for Data Security
Here's a holiday gift for anyone whose business depends on keeping customer or client data secure: the Frankfurt Kurnit Technology Group's list of six essential steps for data security. Read more.
December 2, 2014
Alerts: Advertising Law
FTC Closes Investigation of Verizon Router Security Citing Company’s Steps to Mitigate Consumer Harm
The FTC recently closed an investigation into whether Verizon engaged in unfair or deceptive acts or practices by failing to ensure that routers it shipped to customers, in connection with its DSL and FiOS services, had proper encryption security. Verizon took steps to mitigate consumer harm, and the company's efforts helped avoid regulatory sanctions. Here's what happened. Read more.
November 19, 2014
Alerts: Advertising Law
With Warning Letters, FTC Continues to Aggressively Police Environmental Marketing Claims
As part of its continuing efforts to combat deceptive environmental marketing claims, the Federal Trade Commission ("FTC") recently sent warning letters to 15 plastic bag advertisers cautioning them that their "oxodegradable," "oxo biodegradable," and "biodegradable" claims may be deceptive. Read more.
November 4, 2014
Alerts: Advertising Law
Negative Options: FTC Alleges ROSCA Violations for First Time
Remember ROSCA? That's OK, the FTC just remembered it too. Read more.
October 28, 2014
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Alerts: Employment Law
Can An Employee’s LinkedIn Account Affect Trade Secret Protection?
If your company safeguards its trade secrets but encourages employee social media use, you may want to review the recent California federal court decision in Cellular Accessories for Less, Inc. v. Trinitas LLC. Read more.
October 14, 2014