News & Press
FTC Updates Truth-in-Advertising Disclosures
Media Post Online quoted Jeffrey A. Greenbaum about warning advertisers to review how their websites function on mobile devices. View ArticleMarch 12 2013
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News & Press
When Do Writers Fall Within the FLSA “Creative” Exemption?
The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime pay standards for employees. How you classify employees under the FLSA is critical: there's a lot of money involved, and a mistake can lead to audits, class action lawsuits, and unnecessary expense. Two recent cases have focused on an… Read MoreMarch 12 2013
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Marketers Wait in Vain for Feds to Act on Regulation
Terri Seligman was quoted by Advertising Age on regulations by the Food and Drug Administration and Federal Trade Commission. View ArticleMarch 11 2013
News & Press
NAD Decision Did Not Support Class Action Suit Against Bayer
One of the disturbing trends for advertisers over the last few years has been the class action bar's interest in NAD decisions and its review of such decisions to provide fodder for consumer fraud cases. As a result, advertisers and challengers have had to consider the risk of a class… Read MoreMarch 8 2013
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Why Jewel V. Boxer is Wrong
The American Bar Association published Caren Decter and Ronald Minkoff's article on the impact of the Jewel v. Boxer. View ArticleMarch 5 2013
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Same-Sex Harassment Claim Will Go to Trial
Plaintiffs alleging sex discrimination in cases of same-sex harassment often have a more difficult row to hoe than plaintiffs complaining of opposite-gender harassment. For example, employers have sometimes been able to dismiss same-sex sexual harassment claims by arguing the offending words or actions did not express actual sexual desire or… Read MoreMarch 4 2013
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Social Media Security
The Disciplinary Board of the Supreme Court of Pennsylvania's Attorney featured Nicole Hyland's article on the “Ethics of Social Media Use” in its newsletter.March 1 2013
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Was $70,000 Salary Reduction a “Constructive Termination” - or Did Employee Resign?
When an employment situation deteriorates, one high-stakes question is whether an employer will have to make a contractually guaranteed severance payment. Severance payments can be substantial. But an employer who takes the position an employee resigned and is not entitled to severance may find itself in an expensive litigation. Read MoreFebruary 20 2013
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FTC Releases Best Practices for Mobile Privacy and Fines Mobile Service Provider $800,000
The Federal Trade Commission issued a staff report on Friday recommending ways for participants in the mobile ecosystem to improve their mobile privacy disclosures. The report includes guidance tailored for key commercial players involved in the mobile area, including platforms (such as Apple's iOS and Google's Android), app developers, certain… Read MoreFebruary 8 2013
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James Wolk To Co-Star In David E. Kelley CBS Comedy Pilot
Deadline listed Amy Nickin as counsel to James Wolk in his deal to co-star in Crazy Ones on CBS. View ArticleFebruary 7 2013
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FTC Sanctions Ad Network for History Sniffing
In December, an FTC order barred Epic Marketplace, Inc. from continuing a practice known as history sniffing. The technology employed by the company allowed them to track sensitive information including certain medical and financial information for millions of consumers. Read MoreFebruary 6 2013
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Frankfurt Kurnit’s IP Chair Ranked One of 19 Top IP Attorneys
The BTI Consulting Group ranked Edward H. Rosenthal as one of 19 “Topflight IP Attorneys” for excellence in client service, based on a survey of 240 corporate counsel.February 5 2013
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Court Invalidates Zappos’ Browsewrap Agreement
In early 2012, Zappos, a division of Amazon, was the victim of an enormous customer data breach affecting 24 million records. Class action attorneys filed cases against the online shoe retailer citing multiple breaches of contract and privacy violations. Zappos' Terms of Use contained an arbitration provision, which may have… Read MoreJanuary 17 2013
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Steps To Consider As SAG-AFTRA Contract Expiration Nears
As we enter the new year, agencies and brands have no doubt heard lots of talk about the impending March 31, 2013 expiration of the SAG commercials contract, AFTRA commercials contract and AFTRA radio contract, and the potential for a strike. What are the implications of this deadline, and what… Read MoreJanuary 15 2013
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A Public Privacy Fight: California Sues Delta for Failing to Include Privacy Policy in Mobile App
Delta Airlines was not first in flight but it did achieve a different first last month when the California Attorney General sued the company for alleged violations of a never-before-litigated state privacy law, the California Online Privacy Protection Act. Read MoreJanuary 14 2013
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In Wake of Scandals, Marketers Should Pay Extra Attention to Morals Clauses
Advertising Age published Christopher R. Chase's article on celebrity endorsements and morals clauses. Read MoreJanuary 14 2013
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Lisa Davis in Mother Knows Best: 9 Successful Women Reveal the Best Career Advice They Got from Mom
Madame Noire featured Lisa E. Davis in an article highlighting nine successful women and the women who were key in shaping them.January 11 2013
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California Releases New Mobile App Privacy Recommendations
California's Attorney General recently released a set of official privacy recommendations for consideration by mobile app developers, mobile ad networks and related industry players. Read MoreJanuary 10 2013
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Cyberlaw Predictions: The Privacy Policy Debate in the United States
Bloomberg BNA quoted Terri Seligman on the future of cyberlaw policy in 2013.January 9 2013
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FTC Report Faults Mobile App Makers on Privacy
On December 10th, the Federal Trade Commission issued a staff report, “Mobile Apps for Kids: Disclosures Still Not Making the Grade”—a follow-up to an earlier staff report, “Mobile Apps for Kids: Current Privacy Disclosures Are Disappointing.” The new staff report included results of a survey of children's mobile “apps” available… Read MoreJanuary 7 2013
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Nine Frankfurt Kurnit Women Honored As “Super Lawyers”
Nine Frankfurt Kurnit women appeared in The New York Times Magazine’s women “Super Lawyers” list for 2012. The list appeared on December 30th in a special section devoted to women attorneys in the New York metropolitan area. Read MoreJanuary 4 2013
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Get Ready for a New Children’s Online Privacy Protection Act Rules
In December, the FTC released its long-awaited update to the Children's Online Privacy Protection Act (COPPA). COPPA, originally written in 1998, covers information collected online from Children under the age of 13. The statute applies to digital applications and websites that are directed toward children or that knowingly collect personal… Read MoreJanuary 3 2013
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Frankfurt Kurnit Top Ranked in Best Lawyers and Best Law Firms for 2013
Best Lawyers ranked Frankfurt Kurnit one of the “Best Law Firms” of 2013. Read MoreJanuary 2 2013
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What Facebook and Instagram Changes Mean to Advertisers
Over the past few days and weeks the press has spilled a lot of ink about Facebook's, and its newly acquired company, Instagram's, revised privacy, advertising and other policies. Whether or not the recent policy changes are significant is yet to be determined, but what is clear is that the… Read MoreDecember 22 2012
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FTC Bans Behavioral Targeting at Kids’ Sites
Online Media Daily quoted S. Gregory Boyd on recent FTC regulations banning the use of behavioral targeting techniques on sites directed to young children. View ArticleDecember 19 2012
