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
Alerts: Advertising Law
FTC Amends Mail or Telephone Order Merchandise Rule
The FTC recently issued final amendments to the Mail or Telephone Order Merchandise Rule (also known as "the 30 Day Rule"), which requires sellers to have a reasonable basis for stating they can ship ordered items to consumers within the time specified or if no time is specified, within 30 days. Read more.
October 6, 2014
Alerts: Advertising Law
Get Ready for New Telemarketing Rules
Here's some news for agencies and brands that market via phone to consumers in Connecticut: On October 1, 2014, Connecticut's new telemarketing law goes into effect. Read more.
September 30, 2014
Alerts: Estate Planning Law
Increased Exemptions Provide Estate Planning Opportunities
The current Federal estate, gift and generation-skipping transfer (GST) tax exemption amounts are projected to increase in 2015. Read more.
September 29, 2014
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Alerts: Advertising Law
FTC Settles With Yelp and TinyCo Over Alleged COPPA Violations
Yelp, a business search and review service website, and TinyCo, a developer of gaming apps geared towards children, recently agreed to settle FTC allegations. Read more.
September 23, 2014
Alerts: Advertising Law
New Registration Rules for “Commercial Co-Venturers”
South Carolina recently revised its Solicitation of Charitable Funds Act. The Act now contains new requirements - effective October 4, 2014 - for advertisers whose commercial co-ventures are open to South Carolina residents. Here's a summary of what you need to know. Read more.
September 16, 2014
Alerts: Advertising Law
Correcting Third-Party Misinformation Online
In June 2014, the FDA issued draft guidance for the pharmaceutical industry titled "Internet/Social Media Platforms: Correcting Independent Third-Party Misinformation About Prescription Drugs and Medical Devices." Read more.
September 12, 2014
Alerts: Technology Law
eCommerce Best Practice: Require Customers to Click “I Agree”
The Ninth Circuit recently affirmed what many industry players already recognized: when conducting eCommerce with consumers, the safest practice for businesses looking to enforce their website's terms is to include obvious indicia of consumer consent, possibly through use of a "clickwrap" agreement (where website users are required to affirmatively click on an "I agree" box). Read more.
September 3, 2014
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Alerts: Technology Law
Production Tax Incentives for Video Games
While tax incentives for film and television productions receive a lot of publicity, many states offer valuable business incentives for the production or development of video games as well. Read more.
August 18, 2014