We provide tailored, industry-specific legal updates to our clients and other friends of the firm.
Published Articles
Thinking About Fried Chicken?
The Federal Trade Commission has repeatedly warned that it intends to aggressively prosecute advertisers who make deceptive health and weight loss claims. As part of these efforts, the FTC recently announced that it entered into a settlement agreement with KFC Corporation, the owner of the KFC restaurant chain, over allegations that KFC made false claims in its television commercials about the nutritional value and health benefits of its fried chicken. Read more.
July 15, 2004
Published Articles
Thinking About Using “Mouse Type”?
When a script finally gets the green light from the client, that approval often comes with a catch: the lawyers want you to add some disclosures. After cursing out the lawyers, and worrying that the creative will be ruined, people start asking pointed questions. Read more.
June 20, 2004
Reducing Risks Posed by Financially Distressed Clients
If you're like most agency executives, you've probably had the disappointing experience of working with a client in financial difficulty. Today, it is possible for any client - even well-established companies - to experience financial difficulties. Unfortunately, many agencies ignore the risks posed by their clients' finances. Read more.
May 15, 2004
Suing Disloyal Employees & Agents: Court gives employers a powerful new weapon
There's good news for companies and individuals seeking to win compensation from unfaithful employees: New York's highest federal court has ruled that disloyal employees must forfeit all compensation received after their first disloyal act. Read more.
April 28, 2004
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Published Articles
Planning to Advertise You’re “Better”?
In a decision that may come as a surprise to many advertisers who rely on "puffery" in order to tout their products as "better," the National Advertising Division of the Council of Better Business Bureaus ("NAD") recently recommended to General Mills that it discontinue making a claim in a free standing insert that its Progresso soups taste "better." Read more.
April 15, 2004
Published Articles
Thinking of Doing a Parody?
Not only did Ralph Nader foil the Democrats' bid for the White House four years ago, but a federal court in New York recently ruled that Nader and his political committees did not violate MasterCard's rights when they parodied MasterCard’s "priceless" campaign. Read more.
April 15, 2004
Published Articles
Planning to Use Some Four-Letter Words?
The day after Janet Jackson exposed one of her breasts during the Super Bowl halftime show, Michael K. Powell, the Chairman of the Federal Communications Commission, announced that the FCC would begin an immediate investigation into the broadcast. Read more.
March 8, 2004
Published Articles
Using Someone in Advertising…Without Consent?
For years, the media has reported on high profile lawsuits involving allegations that celebrities were used in advertising, or for other commercial purposes, without permission. Even after the Dustin Hoffman, Tiger Woods, and Vanna White cases, to name a few, many advertisers, agencies, and production companies still seem to be confused about the "right of publicity." Read more.
February 15, 2004
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Published Articles
Looking for Some New Year’s Resolutions?
After another tough year in the advertising industry, with declining profits and fierce competition, it’s more important than ever to be vigilant about protecting yourself from legal problems. As we begin 2004, you just can’t afford to make needless mistakes that could end up costing big dollars. Read more.
January 15, 2004
Published Articles
Watch Out For That…
There’s that familiar moment, during a shoot, when someone turns to the producer and says, "by the way, did we get permission to use that [insert name of really important prop here]." With short production schedules, tight budgets, and little understanding about what rights manufacturers have, production companies regularly use props without getting permission. Read more.
December 12, 2003
In the Press: Praise
Lisa Davis featured in Black Enterprise Magazine 2003
Black Enterprise Magazine named Lisa E. Davis as one of "America's Top Black Lawyers" in 2003. Read more.
November 11, 2003
Published Articles
Is Dancing on A Toilet Prohibited Now?
Earlier this year, Coors Brewing Company agreed to stop running a television commercial for Coors Light because the Council of Better Business Bureaus said that the commercial violated Coors' own voluntary advertising standards. Read more.
November 1, 2003
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Can borrowing ten words be copyright infringement?
A federal appeals court recently ordered Audi of America and advertising agency McKinney & Silver to pay almost a million dollars in damages for using about ten words in one television commercial. Author(s): Jeffrey Greenbaum. Read more.
October 20, 2003
Published Articles
Be Wary of Freelance ‘Solution’
During the 1990's, the New York Dept. of Labor audited many ad agencies and related businesses and forced many of them to re-classify some freelancers as employees. Litigation was used with some firms. The state wants individuals to be covered by unemployment and health insurance so they won't become a burden to the state. Read more.
October 3, 2003
Published Articles
Do You Have to Tell Consumers That It’s “Advertainment”?
Marketers are increasingly looking to "advertainment" projects in the hope that they will be a more effective way to connect with consumers. These are not run-of-the-mill product placements and ordinary sponsorships, but a hybrid of entertainment and advertising, where the advertiser not only sponsors the project, but has creative control as well. Read more.
September 15, 2003
Published Articles
“Securitization May Work Beyond Music Royalty Income Stream”
Entertainment Law & Finance, Vol. 19, No. 5 published Sean F. Kane's article "Securitization May Work Beyond Music Royalty Income Stream".
August 31, 2003
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Specific Corporate Compliance Challenges by Practice Area: Advertising
Every company markets its products and services, and substantial portions of company budgets are spent on advertising. Chances are, your company’s advertising programs look nothing like they did even five years ago. The advertising landscape continues to change dramatically, at a rapid pace. It is a challenge to be competitive and keep up with the latest technology, while at the same time managing the risk in your company’s marketing efforts. Advertising compliance is a critical component of a proper corporate compliance program. Author: Jeffrey A. Greenbaum Editor: Carole Basri. Read more.
August 20, 2003
Published Articles
Has it been three years already? Should you start preparing fo an actors’ strike?
Although it feels like the actors strike just ended, the SAG and AFTRA commercials contracts are expiring again at the end of October. Since we won’t know for several months whether there will be a strike, there are some important things that you can do now to prepare yourself and your clients in the event that union production is interrupted. Read more.
August 20, 2003
Published Articles
Statements Made in Dispute over Authenticity of Art Not Covered by the Lanham Act
In the recent case of Boule v. Hutton, 328 F.3d 84 (2d Cir. 2003), the Second Circuit declined to extend the availability of the Lanham Act to claims for false representation outside the context of mainstream commercial advertising. Read more.
August 6, 2003
Published Articles
“Protecting Against Defamation Claims From Docudrama Productions”
Entertainment Law & Finance, Vol. 19, No. 3 published Sean F. Kane's article "Protecting Against Defamation Claims From Docudrama Productions".
June 30, 2003
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Published Articles
Doing a Pitch? Who Owns the Ideas?
A jury in Michigan sent shock waves through the advertising industry earlier this month when it awarded more than thirty million dollars to two men who alleged that Taco Bell stole from them the idea of using a Chihuahua in advertising. Read more.
June 15, 2003
To Shred or Not to Shred: Document Retention Policies and Federal Obstruction of Justice Statutes
Chief Justice Rehnquist cited Christopher Chase's article in the Arthur Andersen v. United States decision (544 U.S. 696) (2005). View Article
March 21, 2003
In the Press: Praise
Frankfurt Kurnit in Black Enterprise Magazine 2002
Black Enterprise Magazine named Lisa E. Davis as one of "Top 50 Black Power Brokers in Entertainment" in 2002. Read more.
December 10, 2002
Published Articles
Marketing Debacle - All About Endorsements
Sony suffered embarrassing allegations for the second time about its advertising recently, after the news media uncovered that Sony had used its employees to give an endorsement in a television commercial for one of its own films, "The Patriot." Read more.
September 16, 2001
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