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News & Press
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.
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June 20 2004
News & Press
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.
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May 15 2004
News & Press
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.
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April 28 2004
News & Press
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…
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April 15 2004
News & Press
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.
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April 15 2004
News & Press
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.
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March 8 2004
News & Press
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…
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February 15 2004
News & Press
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.
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January 15 2004
News & Press
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…
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December 12 2003
News & Press
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.
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November 11 2003
News & Press
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.
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November 1 2003
News & Press
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.
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October 20 2003
News & Press
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…
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October 3 2003
News & Press
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…
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September 15 2003
News & Press
“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
News & Press
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…
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August 20 2003
News & Press
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…
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August 20 2003
News & Press
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.
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August 6 2003
News & Press
“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
News & Press
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.
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June 15 2003
News & Press
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).
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March 21 2003
News & Press
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.
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December 10 2002
News & Press
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.”
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September 16 2001
