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
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
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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In June 2014, the FDA issued draft guidance for the pharmaceutical industry titled "Internet/Social Media Platforms: Correcting Independent Third-Party Misinformation About Prescription Drugs and Medical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
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
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Alerts: Advertising Law
Facebook Will No Longer Allow “Like-Gating”
There's big news for advertisers who have been "like-gating" content on their Facebook Pages. Read more.
August 12, 2014
Alerts: Entertainment Law
Production Tax Incentives for Documentary Films
State production tax incentives have become an increasingly important part of any financing plan for feature length fiction films. But what about documentary films? Read more.
August 11, 2014
Alerts: Technology Law
FTC Report Finds Disclosures Lacking in Many Mobile Shopping Apps
On August 1, 2014 the Federal Trade Commission issued a study on mobile shopping apps. The report, What's the Deal? An FTC Study on Mobile Shopping Apps, lauded certain mobile shopping apps for providing "beneficial services designed to enhance the consumer shopping experience." Read more.
August 11, 2014
Alerts: Technology Law
California Issues Guidance for Compliance with Recent Updates to CalOPPA
Last month, the California Attorney General's Office released guidelines for businesses on how to comply with recent updates to the California Online Privacy Protection Act. Read more.
July 15, 2014
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Alerts: Technology Law
Can FTC Bring “Unfairness” Claims in Alleged Data Security Breach Cases?
That's the important question currently before a federal appeals court - a question with huge implications for advertisers and other custodians of sensitive customer data. How did the question arise? Read more.
July 7, 2014
Alerts: Legal Ethics and Professional Responsibility
New York Court of Appeals Refuses to Apply “Unfinished Business” Doctrine to Law Firms
In a decision with far reaching implications for law firms and their clients, the New York Court of Appeals firmly rejected the application of the "unfinished business" doctrine - an important principle of partnership law - to lawyers and law firms. Read more.
July 2, 2014
Alerts: Advertising Law
Gone But Not Forgotten – States Move to Expand Post-Mortem Rights of Publicity
Legal protection for individuals' rights of publicity continues to grow, even when the individual in question has died. Read more.
June 30, 2014
Alerts: Legal Ethics and Professional Responsibility
New Ethics Opinion Says New York Lawyers May Use a Virtual Law Office Address in Advertising
In the current legal and economic climate, some lawyers are using - or considering using - so-called "virtual law offices". Read more.
June 16, 2014
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Alerts: Intellectual Property Law
New Generic Domain Names (gTLDs): How to Protect Your Brand During the Rollout
The Internet is expanding from 23 familiar "top level" (or after-the-"dot") domain names such as .COM, .ORG and .BIZ to an unlimited number of new domains. Read more.
June 13, 2014
Alerts: Legal Ethics and Professional Responsibility
In-House Counsel Ethics
In-house counsel face many of the same ethical quandaries private law firm lawyers face. Read more.
June 12, 2014
Alerts: Privacy & Data Security Law
FTC Settles with Snapchat over Alleged Privacy and Security Violations
Snapchat Inc., developer of a popular mobile photo and video messaging app designed to bring the fabled self-destructing message to life, agreed to settle FTC allegations that it misrepresented its privacy and data security practices - including that its messages could be made to "disappear forever" seconds after viewing. Read more.
May 16, 2014
Alerts: Advertising Law
Nailed: NAD Says Beauty Product “Before and After” Photos Are Performance Claims
The National Advertising Division requested that Ontel Products Corporation discontinue use of before-and-after photos in ads for the company's Pink Armor Nail Gel product. The NAD found that the company's before-and-after photographs were not representative of the level of product efficacy that a reasonable consumer could expect to achieve. Read more.
May 12, 2014
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Alerts: Legal Ethics and Professional Responsibility
New York Court of Appeals Rules on Attorney Fees Issue
Just three weeks ago, the New York Court of Appeals, in Albunio v. City of New York, issued a ruling on a question that has long bedeviled civil rights and employment lawyers - and their clients. Read more.
April 25, 2014
Alerts: Employment Law
NYC Law Now Protects Interns Against Workplace Discrimination
Last week, New York City Mayor Bill de Blasio signed a bill amending the New York City Human Rights Law to provide that interns are now protected from workplace discrimination and harassment. Read more.
April 22, 2014
Alerts: Legal Ethics and Professional Responsibility
Law Firm Liability: Court Ruling Will Permit More Fraud Claims to Proceed
In a decision last week Melcher v. Greenberg Traurig LLP, New York's highest court, gave a big boost to plaintiffs wanting to sue lawyers for committing intentional fraud and deceit in the course of a court proceeding. Read more.
April 9, 2014
Alerts: Advertising Law
FTC Pursues False Endorsement Allegations Against “Intermediaries” and Social Media Contests
We recently reported on the FTC's settlement with home security company, ADT LLC for their use of paid endorsers presented to look like impartial experts. As five recent investigations show, the ADT investigation extended to other parties. In addition, the FTC's interest in monitoring endorsements has expanded to include social media promotions. Read more.
April 3, 2014
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Alerts: Estate Planning Law
New Law Significantly Impacts the New York State Estate and Gift Tax Regimes
On March 31, 2014, Governor Cuomo signed legislation to implement the New York State fiscal plan for 2014 - 2015. The legislation makes broad changes to the New York State estate and gift tax laws as well as some more technical changes to certain trust income tax rules. Read more.
April 3, 2014