Alerts: Entertainment Law
Court Clears Use of YouTube-famous “Flying Rabbi” in Humor Sketch
The use of someone without permission in entertainment can trigger a lawsuit for "commercial appropriation of likeness." And so it was recently when "Jimmy Kimmel Live" created a video mocking a 2010 "business meeting" between basketball star LeBron James and a rabbi. Read more.
February 1, 2012
Alerts: Employment Law
Take Steps Now to Update Your Wage Notice Requirements
There are new wage and hour paperwork requirements for private-sector employers in New York and California. Here’s a brief rundown of what you need to do to comply. Read more.
New York.
January 26, 2012
Alerts: Advertising Law
FTC and CFPB Team Up on Financial Products Oversight
Last week, the Federal Trade Commission and the Consumer Financial Protection Bureau entered into a memorandum of understanding in order to outline how the two agencies will share responsibility for protecting consumers in the financial products and services sector. Read more.
January 24, 2012
Alerts: Advertising Law
CVS to Pay FTC $5 Million to Settle Deceptive Pricing Charges
Last week, the Federal Trade Commission announced that CVS Caremark Corporation will pay $5 million to settle claims that it misrepresented the actual prices of certain Medicare drugs. Read more.
January 19, 2012
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Alerts: Advertising Law
FTC Concludes Investigation Concerning Gifts to Bloggers
The Federal Trade Commission recently closed its investigation of Hyundai Motor America’s alleged violation of Section 5 of the FTC Act (15 U.S.C. § 45) in connection with a blogging campaign conducted to spark interest in Hyundai’s Super Bowl XLV ads. Read more.
December 21, 2011
Alerts: Advertising Law
Facebook Settles FTC Privacy Charges
The Federal Trade Commission announced yesterday that Facebook has settled charges that it deceived consumers by making false privacy assurances, and then repeatedly allowing consumer information to be shared and made public. The settlement serves as a timely reminder that companies must abide by their own statements regarding how personal information is used and shared. Read more.
November 30, 2011
Alerts: Advertising Law
DOT Settles False Advertising Action against Spirit Airlines for Deceptive Tweets
This week the U.S. Department of Transportation announced that Spirit Airlines will pay $50,000 to settle allegations that it failed to comply with DOT’s full-fare advertising rules when it tweeted about airfares without disclosing material information about the fares in the tweets themselves. Read more.
November 23, 2011
Alerts: Technology Law
Six Legal Issues for Mobile Apps Producers
Established companies, startups, and solitary programmers alike are rushing to produce Apps for handheld devices such as mobile phones and tablets. Read more.
November 18, 2011
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Alerts: Advertising Law
Accountability Program Announces Initial Compliance Agreements
The Council of Better Business Bureaus has announced the first six compliance agreements with online behavioral marketers under the self-regulatory regime of its "Online Interest-Based Advertising Accountability Program". Beginning in August, the program began testing the functionality, usability, and duration of consumer-choice mechanisms offered by a number of companies. Read more.
November 14, 2011
Alerts: Advertising Law
In Case of First Impression, NAD addresses “Like-gating” on Facebook
In response to a challenge brought by 1800-Contacts, Inc., the National Advertising Division of the Council of Better Business Bureaus has reviewed advertising claims made by Coastal Contacts, Inc., through a Facebook promotion offering "free" products to consumers who "Liked" its Facebook page. Read more.
November 10, 2011
Alerts: Advertising Law
Video Ad Network Settles FTC Privacy Complaint
The Federal Trade Commission's proposed settlement with the online advertiser ScanScout, announced yesterday, offers a timely reminder of the importance of ensuring that your company's stated privacy practices align with how your company actually collects and uses information. Read more.
November 9, 2011
Alerts: Commercial Litigation
How to Reduce the Risk of Sexual Harassment in Your Workplace
News that the Republican presidential candidate Herman Cain once settled charges of sexual harassment has once again placed this complicated issue in the public eye. Read more.
November 8, 2011
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Alerts: Advertising Law
Measuring Buzz: Best Practices for “Social Listening”
Today advertisers are not only mastering the art of speaking through social media channels, they are also exploring ways to listen and learn. But while "social listening" or "social media monitoring" can yield valuable market data, these practices also raise privacy and ethical concerns. Read more.
November 3, 2011
Alerts: Advertising Law
California Attorney General Files Suit Against Water Bottle Companies
California Attorney General Kamala D. Harris filed a complaint against three companies Wednesday for allegedly making false and misleading claims about their plastic water bottles' recyclability and biodegradability. Read more.
October 31, 2011
Alerts: Entertainment Law
Protect Your Brand from the New XXX Domain Registry
Recently dot xxx (.xxx) was approved as a top-level domain by the Internet Corporation for Assigned Names and Numbers (ICANN). The .xxx domain is intended for use by members of the adult entertainment industry. Read more.
October 24, 2011
Alerts: Entertainment Law
Can You Recapture Valuable Grants of Rights?
If you are an author, musician, artist, or other creator of intellectual property (or the heir to such a person), it’s a good time to learn whether you are taking full advantage of your ability to "recapture" certain grants of rights made years ago. While everyone’s business deals are different, we urge you to consider the quick summary below: you may have untapped sources of valuable intellectual property. Read more.
October 21, 2011
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Alerts: Advertising Law
FTC Seeks Public Comment on Mail or Telephone Order Merchandise Rule
As part of the Federal Trade Commission's ("FTC") systematic review of its rules and guides, the FTC has announced that it intends to retain the "Mail or Telephone Order Merchandise Rule", but with certain proposed amendments in order to keep up with current technology and business practices. Read more.
October 18, 2011
Alerts: Advertising Law
FTC Proposes Revisions to Children’s Online Privacy Rule
The Federal Trade Commission recently implemented revisions to the "Children’s Online Privacy Protection Act" that will cover social media, mobile devices, and other technologies that not taken into account at the time the original rule was enacted. Read more.
September 30, 2011
Alerts: Advertising Law
FTC Announces $25 Million Settlement with Reebok
The Federal Trade Commission announced today that Reebok International Ltd. will pay $25,000,000 to settle FTC charges that it deceptively advertised its "toning shoes." Reebok’s ads claimed the shoes would provide extra tone and strength to leg and buttock muscles. Read more.
September 29, 2011
Alerts: Advertising Law
Distilled Spirits Council Issues New Social Media Marketing Guidelines
Last week, the Distilled Spirits Council of the United States issued new self-regulatory guidelines governing online marketing practices. The new guidelines, which are effective September 30th, apply to marketing on social media sites and other digital communications platforms, including websites, blogs, and mobile communications and applications. Read more.
September 26, 2011
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Alerts: Advertising Law
Television Networks Agree to Stop Premium Text Message Sweepstakes
After four years of litigation, NBC Universal, Fox Broadcasting Company and several major production companies have agreed to settle a class action lawsuit involving premium text message promotions run during the popular competitive reality shows 'American Idol' and 'Deal or No Deal.' Read more.
September 16, 2011
Alerts: Entertainment Law
eBook Scams
The rise of eReader devices and eReader marketplaces provides more and more opportunities for online self-publishers. While these technologies have given a myriad of authors the joy and remuneration of publishing their work, they have also led to modern abuses – abuses that affect intellectual property owners and consumers alike. Read more.
August 31, 2011
Alerts: Advertising Law
Deceptive “Negative Option” Marketing Leads to $4.8 Million Judgment
A California district court has entered a $4.8 million judgment against Swish Marketing, Inc., an online direct marketing company, for deceptive marketing practices involving use of a negative option feature, in which a consumer’s silence or failure to reject an offer is interpreted by the seller as acceptance. Read more.
August 2, 2011
Alerts: Intellectual Property Law
ICANN Introduces Unlimited Generic Top Level Domains
During a special session held on Monday, June 20, 2011 in Singapore, the board of the Internet Corporation for Assigned Names and Numbers voted to dramatically increase the number of top level domains available on the Internet. Read more.
July 21, 2011
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Alerts: Advertising Law
Blogger Could Not Be Sued By Competitor for Anonymous User Posts
New York's highest court has held that a plaintiff’s claim against a blog operator arising out of allegedly defamatory comments posted to the blog was barred by the "Communications Decency Act". This is the first time the New York Court of Appeals has ruled on a CDA defense. Read more.
July 21, 2011