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Areas of Interest
June 8th, 2022
The Metaverse is Brought to You By…
Advertising and Blockchain Technology Partner Hannah Taylor is quoted in the article, “The Metaverse is Brought to You By…” published by SuperRare Magazine. The article covers the ways well-known brands are diving into blockchain projects.
Some have concerns about metaverse advertising. Mark van Rijmenam, author of “Step Into The Metaverse: How the Immersive Internet Will Unlock a Trillion-Dollar Social Economy,” is concerned bots or imposters will create digital clones others. He speaks to Hannah who is quoted saying that California has instituted a bot law which has already been implemented. For example Hannah says, “You see this a lot in the chatbot context, like in an airline portal, where they usually say something like, ‘Hi, I’m Hannah, a digital assistant here to help you.’ It’s required by law in certain contexts to disclose that you are not human.”
Mark brings up an example about affiliate links and influencers in the metaverse. Hannah tells him, “People may think,” “‘we’ll create virtual influencers and because they’re not human, we’ll be able to get away with new stuff.’ And the law says, ‘no.’ CGI influencers raise the same issues. It’s just that the law is a tortoise and tech is a hare, and we as lawyers are left to apply the law of other contexts to this new universe.”
On Web3 Hannah adds, “I can totally see a future where these places are overrun, but they also have to make sure that people want to go there. As a consumer, I think you’re unlikely to want to interact in a world where you’re flooded with crappy content.”
Read full article here.
Other Quoted
Copyright Guide or Policy Change? Project Divides IP Attys
Law360 quoted Jacqueline Charlesworth on the controversy surrounding the American Law Institute’s copyright restatement project. Ms. Charlesworth criticized the initiative as advancing a “revisionist theory” that could weaken copyright protections. She was among nearly two dozen advisers who resigned from the project, signaling deep concerns about its direction.
The article highlights a broader debate within the IP community: whether the restatement simply clarifies existing law or attempts to reshape policy in favor of users. Ms. Charlesworth’s perspective emphasizes the stakes for rights holders as courts and practitioners consider how much influence the restatement may carry. Read the Law360 article about the copyright restatement project here.
November 19 2025
Reports of ‘Click-to-Cancel’s Death May Be Premature
A Competition Policy International article quoted Holly A. Melton on the continuing impact of the Federal Trade Commission’s “click-to-cancel” rule , despite a recent Eighth Circuit Court of Appeals decision. Melton was quoted for her analysis of the FTC’s $2.5 billion settlement with Amazon over Prime subscription practices. In a blog post, Melton pointed to a clause in the agreement that anticipates future rulemaking around negative option features. “That’s not boilerplate,” she wrote. “It reads like a deliberate placeholder—future-proofing the settlement for the reappearance of Click to Cancel.” Melton interprets this as a strategic move by the FTC to potentially revive the rule through a new proceeding.
Melton’s outlook reflects a broader shift in the FTC’s enforcement priorities toward consumer-facing issues like subscription transparency and cancellation ease. She referenced Commissioner Mark Meador’s remarks about focusing on “everyday economic concerns affecting ordinary households” and noted that, even without immediate rulemaking, the agency’s litigation stance signals that subscription practices will remain a top-tier priority for the Bureau of Consumer Protection. Her guidance to advertisers and subscription services: “prioritize transparency, obtain affirmative consent, and make cancellation as effortless as sign-up. The ‘Click to Cancel’ may be down, but it’s not out,” Melton concluded, underscoring the FTC’s intent to keep its options open. Read the Competition Policy International post here.
November 11 2025
States Turn to Outside Firms to Generate Big Privacy Settlements
Holly A. Melton is quoted in the Bloomberg Law article on the growing practice of state attorneys general hiring outside counsel for litigation in data privacy and online safety cases. The article noted this shift boosts companies’ risk profiles, with smaller states taking on more complex cases. “‘One, don’t ignore the states that don’t necessarily have privacy laws because you’re not safe’ said Holly Melton, partner at Frankfurt Kurnit Klein & Selz. ‘And two, the sort of posture has already kind of ratcheted up when they come in with outside counsel who’s sort of running the show.’”
Bloomberg Law stated this strategy is getting mixed results. Some states point out that they could not bring certain cases without the staffing, resources and expertise of the private firms. But critics question outside counsels’ driving state priorities—selecting enforcement for big payouts or settlements, more akin to civil plaintiff litigation instead of traditional AG litigation that prioritizes companies changing their behavior. View Article.
October 9 2025
