In Notice 2014-21 issued on March 25, 2014, the IRS announced that it will treat virtual currencies (such as Bitcoin) as "property" for U.S. federal tax purposes. Read more.
March 31, 2014
As of April 1, 2014, all commercials produced under the SAG-AFTRA contract featuring SAG-AFTRA talent must incorporate the Ad-ID coding mechanism, developed by the American Association of Advertising Agencies and the Association of National Advertisers in 2003, for commercial tracking and calculating appropriate payments. Read more.
March 28, 2014
The Federal Trade Commission and The National Advertising Division of the Better Business Bureau recently challenged three product demonstrations by major brands, finding that they were misleading to consumers. Here is a rundown of these important regulatory and self-regulatory developments. Read more.
March 18, 2014
As part of its ongoing focus on endorsements in advertising, the Federal Trade Commission recently settled a case against home security company, ADT LLC, for use of paid endorsers presented to look like impartial experts. In its complaint, the FTC alleged that ADT paid spokespeople to review, demonstrate and promote ADT's "Pulse Home Monitoring System" without disclosing that they were paid to do so. Read more.
March 11, 2014
On Wednesday February 26th, the New York City Council voted 46-to-5 to expand the Earned Sick Time Act that is scheduled to go into effect on April 1, 2014. Under the amended law, all businesses with at least five employees (or one domestic worker) must provide workers with five paid sick days a year. Read more.
March 4, 2014
The Olympics and the Academy Awards always inspire advertisers to run ads congratulating winners. But not so fast. Michael Jordan's lawsuit over a congratulatory advertisement placed by Jewel-Osco Supermarkets in a Sports Illustrated special edition celebrating his induction into the Basketball Hall of Fame was just reinstated on appeal. Read more.
February 20, 2014
Now that the "Big Game" is over, marketers are turning their attention to the upcoming Winter Games in Sochi, Russia. While it is tempting to comment on and associate with big worldwide events as they are happening, bear in mind that there are rights holders that enforce and protect their rights to these events. Read more.
February 5, 2014
A recent decision from the National Advertising Division of the Better Business Bureau highlights the increasing interest in native advertising by regulatory and self-regulatory bodies. As the Interactive Advertising Bureau noted in its recently released Native Advertising Playbook, native advertising is hard to define because it can take many different forms, and the questions it poses are far from settled. Read more.
January 31, 2014
In the current legal and economic climate, some lawyers are considering business arrangements with non-legal entities. A new ethics opinion by the Committee on Professional Ethics of the New York City Bar Association discusses important ethical issues raised by such business ventures. Read more.
January 30, 2014
The Online Interest-Based Advertising Accountability Program has recently released a handful of decisions addressing the responsibilities of the advertiser, agency and platform when collecting consumer information for online behavioral advertising. Read more.
January 22, 2014
The Federal Trade Commission (the "FTC" or the "Commission") announced this week that it updated its guidance for publishers and broadcasters on how to spot deceptive or false weight-loss claims when screening advertisements for publication. Read more.
January 15, 2014
Our work as professional responsibility attorneys over the past year has given us a front row seat to the most bedeviling ethical conundrums faced by lawyers. In our final Ethics Alert of 2013, we re-cap six important developments for New York-area lawyers, along with tips for staying on the right side of the line. Read more.
December 26, 2013
On December 18, 2013, the "Nonprofit Revitalization Act of 2013" (the "Act") was signed into law by Governor Cuomo. The Act represents a major overhaul to New York's Not-for-Profit Corporation Law, the first of its kind in over 40 years. Read more.
December 20, 2013
For those employers covered by New York's new Hospitality Wage Order, tip credit rules are also changing effective December 31, 2013. Read more.
December 20, 2013
The purchaser in a corporate merger owns the seller's pre-merger communications with its lawyer, according to a recent Delaware decision. In Great Hill Equity Partners Iv, LP v. SIG Growth Equity Fund I, LLP, the buyer sued former shareholders of the seller alleging they fraudulently induced the buyer to enter into the transaction. Read more.
December 10, 2013
The Federal Trade Commission (the "FTC") hosted its much-anticipated workshop, "Blurred Lines: Advertising or Content?", in Washington, DC. The workshop facilitated a discussion among major industry stakeholders on the practice of "native advertising" in order to help the FTC determine whether additional regulatory guidance is needed. Read more.
December 9, 2013
On November 21, 2013, the Second Circuit in New York issued a decision in Barenboim v. Starbucks, interpreting § 196-d of New York's Labor Law, which prohibits an employer, his or her agent or an officer of a corporation from retaining any part of a gratuity. Read more.
December 2, 2013
Brand owners and intellectual property rights advocates are reaching out to Congress to voice their support for S. 662, the "Trade Facilitation and Trade Enforcement Reauthorization Act of 2013." The bill, if passed, would strengthen enforcement of intellectual property laws at U.S. borders. Read more.
November 12, 2013
A recent New York City Bar Professional Ethics Committee opinion offers important new guidance to New York law firms on use of the "of counsel" title for lawyers who work in foreign countries. The opinion states that a New York law firm can designate as "of counsel" a New York attorney who resides and practices law overseas, provided the firm complies with three criteria. Read more.
November 7, 2013
On October 21, New York State passed a new child labor law. This law adds print and runway models under the age of 18 to the definition of "child performers" protected by the New York Labor Law. Read more.
November 5, 2013
A marketer of iPhone accessories and other products recently settled Federal Trade Commission charges that the company made false claims that its products are made in the United States. Read more.
October 29, 2013
Last month California introduced two amendments to the state's privacy law, the California Online Privacy Protection Act. The amendments establish new requirements for operators of websites, online services and mobile apps that collect personal information about California residents. Read more.
October 21, 2013
In February 2012, the FCC approved and published the amended Telephone Consumer Protection Act regulations, which provide additional protections for consumers concerning autodialed and prerecorded calls. Read more.
October 16, 2013
In the modern media landscape, companies often blend advertisements with news, entertainment, and other content, a practice sometimes referred to as "native advertising." When consumers do not realize that they are viewing advertising or sponsored content both the media and the advertisers generally have an obligation to disclose to consumers that the content is, in fact, sponsored content. Read more.
October 14, 2013
Popular video game manufacturer Electronic Arts recently settled claims brought against the company by former college athletes over EA's use of athletes' personas in its major game series, NCAA Football and NCAA Basketball. Read more.
October 14, 2013
We provide tailored, industry-specific legal updates to our clients and other friends of the firm.
