We provide tailored, industry-specific legal updates to our clients and other friends of the firm.
Alerts: Advertising Law
Marketing of Violent Entertainment to Children
The Federal Trade Commission recently released the results of an undercover shopper survey regarding retailers' enforcement of entertainment ratings aimed at protecting children. Teenagers hired by the FTC visited national and regional chains in the United States and attempted to buy R-rated movie tickets, R-rated movie DVDs, unrated DVDs of movies, music CDs carrying a "Parental Advisory Label", and video games rated "M." Read more.
May 9, 2011
Alerts: Advertising Law
New Proposed Guidelines on Food Marketing Designed to Combat Childhood Obesity
In a groundbreaking effort to combat childhood obesity, the Federal Trade Commission, the Food and Drug Administration, the Center for Disease Control and Prevention, and the U.S. Department of Agriculture worked together to release a set of proposed voluntary principles for public comment. Read more.
May 9, 2011
Alerts: Technology Law
Data Security
Data security breaches are in the news, and companies that experience them are suffering loss of consumer confidence. If your business model requires you to collect personal consumer data, you may want to hear about a recent federal case that makes it much easier for consumers to sue companies for data security breaches. Read more.
May 4, 2011
In the Press: Quoted
Rick Kurnit Featured in View From Madison Avenue
Rick Kurnit was featured in a post on View From Madison Avenue, a blog on advertising executives, on the downside of creative people posting their work portfolios online. View Article
April 29, 2011
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Alerts: Advertising Law
Collecting Names Through Sweepstakes Entry Leads to FTC Action
The Federal Trade Commission announced last week that Electric Mobile Corporation, the manufacturer of "Rascal Scooters", used by disabled and senior consumers, and its owner, will pay $100,000 to settle FTC charges that it illegally called millions of consumers who had listed their phone numbers on the national "Do Not Call Registry". Read more.
April 28, 2011
Alerts: Advertising Law
DOT Issues New Airline Advertising Rules
Recently, the United States Department of Transportation announced new rules that will bring sweeping changes to airline advertising in the United States. The final rules will be effective later this year. Read more.
April 25, 2011
In the Press: Quoted
Rick Kurnit in New York Times Story About POM Wonderful Film
Rick Kurnit had a cameo in the Morgan Spurlock film -- "POM Wonderful Presents: The Greatest Movie Ever Sold." The film opened in NYC at the Angelika and the AMC Loews Lincoln Square. View Article
April 22, 2011
Alerts: Advertising Law
FTC Seeks to Shut Down Fake News Site Operators
The Federal Trade Commission ("FTC") announced today that it filed lawsuits against ten marketers, alleging that they used fake news websites to market their acai berry weight-loss products. The FTC is seeking court orders to halt the advertising and freeze the defendants’ assets pending trial. Read more.
April 19, 2011
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In the Press: Quoted
Jeffrey A. Greenbaum Quoted in MediaPost on Fake News Sites
MediaPost featured Jeffrey A. Greenbaum in an article about the FTC's recent crack down on online marketers who create phony "fake news" sites to promote certain products.
April 18, 2011
Alerts: Advertising Law
Online Retailer Settles FTC Appliance Labeling Rule Investigation
An online retailer has agreed to pay $100,000 to settle Federal Trade Commission charges that it violated the agency’s "Appliance Labeling Rule". The FTC alleged that the retailer, Universal Appliances, Kitchens, and Baths, Inc., failed to post on its website required EnergyGuide information. Read more.
April 18, 2011
Alerts: Advertising Law
Kerry and McCain Introduce “Commercial Privacy Bill of Rights Act of 2011”
Senators John Kerry and John McCain introduced a privacy bill this week that seeks to provide consumers with more transparency and control regarding the collection, use, storage, and transfer of their personal information.The bill – in its infancy and likely to face opposition – does not require changes in privacy practices unless and until it is enacted. But with bipartisan backing, it’s a privacy bill that could pass. Here’s a summary. Read more.
April 15, 2011
Alerts: Advertising Law
FCC Takes Action Against TV Stations for “Commercials in Disguise”
The Federal Communications Commission recently issued "Notices of Apparent Liability" against two television stations for allegedly airing news segments produced and supplied by advertisers, without disclosing that the segments were advertiser-supported. Read more.
April 11, 2011
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Alerts: Advertising Law
New Best Practices for Mobile Marketers
The Mobile Marketing Association recently issued a revision of its "U.S. Consumer Best Practices." While the practices do not have the force of law, many leading advertisers follow them, and the mobile carriers require compliance for programs run on their networks. Read more.
April 8, 2011
Alerts: Advertising Law
Google Agrees to Settle FTC Claim Regarding Deceptive Privacy Practices
Google Inc. has agreed to settle Federal Trade Commission charges that it engaged in deceptive tactics and violated its own privacy pledges to consumers during the 2010 launch of its social network, "Google Buzz". Read more.
March 31, 2011
In the Press: Quoted
Richard Maltz in the New York Law Journal
Richard Maltz of our Legal Ethics & Professional Responsibility Group helped reinstate a previously disbarred lawyer.
March 31, 2011
Alerts: Advertising Law
Supreme Court Won’t Disturb New Test for Trademark “Dilution” Claims
The U.S. Supreme Court has let stand a ruling with important implications for advertisers of adult and other potentially lewd products. By refusing to hear an appeal in the closely watched Victoria's Secret Catalogue Inc. v. Mosley case, the U.S. Supreme Court indirectly endorsed an earlier decision from the Court of Appeals for the Sixth Circuit that made it easier for so-called "tarnishment" claims to succeed when the challenged mark was used in a "sex related" context. Read more.
March 30, 2011
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Alerts: Advertising Law
FTC Announces $250,000 Settlement with Online Marketer
The Federal Trade Commission ("FTC") announced on Tuesday, March 15 that Nashville, Tennessee-based Legacy Learning Systems Inc. and its owner will pay $250,000 to settle FTC charges that they deceptively advertised products through online affiliate marketers who falsely posed as independent reviewers. Read more.
March 16, 2011
Alerts: Advertising Law
FTC Plans to Examine Consumer Experiences in Motor Vehicle Financing & Leasing
The FTC has announced a series of motor vehicle financing and leasing "Roundtables" to be held across the country. The goal: to gather and study consumer experiences in purchasing, financing, and leasing cars, SUVs, and light trucks. Read more.
March 11, 2011
In the Press: Quoted
Ronald Minkoff Quoted in the New York Law Journal on Pension Fraud Matter
The New York Law Journal featured Ronald Minkoff in an article about a recusal motion filed by Alan Hevesi, former New York State Comptroller, who has called into question the impartiality of the judge presiding over his widely-publicized pension pay-to-play fraud case.
March 10, 2011
Alerts: Advertising Law
FTC Seeks to Examine Self-Regulatory Efforts of Alcohol Beverage Manufacturers
The Federal Trade Commission has announced that it plans to conduct a new study of the self-regulatory efforts of the alcoholic beverage industry. The study would serve as the foundation for the FTC's fourth major report on the efficacy of voluntary industry guidelines designed to reduce alcoholic beverage advertising to an underage audience. Read more.
March 8, 2011
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In the Press: Quoted
Terri Seligman Quoted in Advertising Age and Consumerist
Advertising Age and The Consumerist quoted Terri Seligman on how the National Advertising Division protects consumers against misleading advertisements. View Article
March 7, 2011
In the Press: Quoted
Cameron Myler in Naplesnews
Prince Albert II of Monaco was the honored guest at the Art of The Olympians’ grand opening celebration breakfast at Port Royal, Florida, with Frankfurt Kurnit's Cameron Myler in attendance.
March 5, 2011
In the Press: Quoted
Frankfurt Kurnit in Variety - Jake T. Austin
Our client, Jake T. Austin, has joined the cast of Garry Marshall's romantic comedy "New Year's Eve". Amy Nickin represents Mr. Austin. View Article
March 1, 2011
Alerts: Advertising Law
New Restrictions on Billing Practices
Two recent developments in New York (the prohibition of fees for paper billing) and California (the prohibition from the requesting of Zip codes by retailers) may have an impact on nationwide retailers' billing practices. Read more.
February 16, 2011
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Alerts: Advertising Law
New Class Action Filed Against Groupon and Retailers: Crowd-Sourcing Gone Bad?
Groupon, the site that offers targeted “Daily Deals” to consumers, enjoys daily stories in the press about its success, including a $6 billion offer from Google. Now, though, it may have attracted the wrong kind of attention. Read more.
February 14, 2011