8/15/2023 3:31:53 PM Giveaway promotion oversight: What could possibly go wrong? By John Feldman Sara Mohammed Giveaways serve as effective tools for influencers and celebrities to boost their visibility, engage with fans and expand their follower...
4/18/2023 5:25:16 PM Marketers Could Face Civil Penalties if They Don’t Substantiate: FTC Notices Issued. By Jason Gordon John Feldman Sara Mohammed On April 13, 2023, the Federal Trade Commission (FTC) used its penalty offense authority to issue Notices to approximately 670...
2/24/2023 3:32:40 PM California bill would help define digital accessibility and limit damages By Angela Matney Casey Yang A proposed amendment to California’s Civil and Government Codes would limit the recovery of statutory damages in connection with certain...
1/10/2023 7:04:14 PM California Commercial Co-ventures Update By Keri Bruce Sara Mohammed On January 1, 2023, California’s Assembly Bill 488, The Supervision of Trustees and Fundraisers for Charitable Purposes Act (the “Act”),...
10/18/2022 4:37:55 PM Pause: Texas Social Media Law on Hold as it heads to Supreme Court for Review By Jason Gordon Robert Newman Michael Isselin Emily Faro +1 more... Show less A federal appeals court has agreed to put on hold a Texas social media law, HB 20, that restricts content moderation actions on social...
5/23/2022 2:50:29 PM FTC on the Path to Proposed Amendments to the Endorsement Guides By Keri Bruce Emily Faro On May 19, 2022, the Federal Trade Commission (FTC) unanimously voted to publish for public comment in the Federal Register proposed...
4/27/2022 6:36:40 PM New Digital accessibility guidance: what brands need to know By Angela Matney The Department of Justice recently released new guidance describing how state and local governments and businesses open to the public can...
4/12/2022 7:49:32 PM CCPA’s “right to know” includes inferences drawn from personal information, according to AG Bonta By Sarah Bruno Nikki Bhargava Christian Blair Idara Udofia Robert Newman +2 more... Show less On March 10, 2022, the California Office of Attorney General Rob Bonta (OAG) issued an opinion (the Opinion) interpreting the California...
4/7/2022 7:13:33 PM “Influencer” Marketing and the Potential Rise of Celebrity Liability By Sarah Bruno Jason Garcia Mariah Fairley Influencers tell us to “click on the link” in their bios, “shop” via their platforms and watch their videos where they summarize the good...
3/4/2022 7:17:51 PM Renew Without Ado: How to Avoid Automatic Renewal Subscription Violations By Jason Gordon Sarah Bruno Mariah Fairley “30-day free trial,” “Cancel anytime,” “Risk-free” – if you’ve read or heard these terms associated with a subscription-based program,...
1/26/2022 3:04:50 PM Trademarks meet NFTs: Hermès sues NFT creator over MetaBirkins By Emily Faro Danielle Garno As anticipated by those watching this space, Hermès filed a lawsuit in New York federal court against Mason Rothschild, an individual who...
1/18/2022 5:38:39 PM 2022 fashion trend: New York fashion legislation addressing environmental sustainability and social accountability By Emily Faro Keri Bruce The Fashion Sustainability and Social Accountability Act, a new New York Bill (the Bill), was introduced in October and was referred to a...
11/16/2021 4:59:35 PM Bimbo Bakeries Beats Back All-Butter Label Suit By Jason Gordon Deborah Bessner The Southern District of New York dismissed a putative class action against Bimbo Bakeries (the parent company of Entenmann’s) that...
10/14/2021 6:58:37 PM FTC Gone Viral: Commission Puts 700+ Companies on Notice About Deceptive Endorsements By Jason Gordon Nikki Bhargava Erika Auger Yesterday the Federal Trade Commission (“FTC”) announced that it sent “Notices of Penalty Offense” (the “Notice”) to over 700 companies...
10/6/2021 3:51:16 PM Reliance on sweepstakes official rules to avoid litigation requires publication By John Feldman Edward Fultz No one who plans and operates a promotional sweepstakes wants to litigate over the prizes. But one of the primary reasons an operator...
10/4/2021 2:17:54 PM Joint Commitment: Alcohol Producers and Major Agencies Create Standards for Influencer Alcohol Marketing By Stacy Marcus Michael Isselin Deborah Bessner The International Alliance for Responsible Drinking (IARD), which represents major global alcohol producers, partnered with leading...