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Recent Updates to the Federal Trade Commission's Endorsement Guides

The Federal Trade Commission’s crackdown on misleading and deceptive endorsement practices continues, this time with a set of proposed updates to the Endorsement Guides (the “Guides”). The FTC’s May 19th proposals come hot on...more

[Event] A Look at ESG Advertising Claims and Influencer Marketing Under the FTC’s Proposed Revisions to the Endorsement Guides -...

Regulatory scrutiny of advertising has ramped up significantly over the past year, and nowhere more so than with (1) environmental, social, and governance (ESG) issues, and (2) social media influencers and the Federal Trade...more

“Sustainability” Marketing Claims: Consumers Will Infer What You Do Not Intend To Imply

A federal court recently held that a customer could sue ALDI, a national food retailer, for false advertising based on an on-pack claim for a salmon product that read: “Simple. Sustainable. Seafood.” The use of “Sustainable”...more

"Sustainability" Marketing Claims: Consumers Will Infer What You Do Not Intend To Imply

A federal court recently held that a customer could sue ALDI, a national food retailer, for false advertising based on an on-pack claim for a salmon product that read: “Simple. Sustainable. Seafood.” The use of “Sustainable”...more

5 KEY TAKEAWAYS: Sweepstakes Law - NYC Bar Association’s CLE Program on Marketing and Advertising Law

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the New York City Bar Association’s continuing legal education program,...more

Data Licensing - Five Takeaways from the New York City Bar Association’s Continuing Legal Education Program on Intellectual...

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the New York City Bar Association’s continuing legal education program,...more

5 Key Takeaways From ANA/BAA Marketing Law Conference - Rapid Changes in Gaming, Gambling, and Fantasy Sports Law

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the 2021 ANA/BAA Marketing Law Conference. The session, titled “Gaming,...more

FTC Issues Notice of Penalty Offenses to Over 700 Companies Warning of Steep Penalties for Deceptive Endorsements

The Federal Trade Commission is getting even more serious about fake reviews and misleading endorsements. While in recent years the FTC has brought a few enforcement proceedings that resulted in settlements, on October 13,...more

What To Do When Your Contractual Counterparty Gets Mired in a Public Scandal

A hypothetical: you are in-house counsel, and one morning you click on your daily news only to see one of your company’s key contractual counterparties is trending, and not in a good way. The contractual counterparty has...more

NCAA Interim NIL Policy: Sponsoring College Athletes – What You Need to Know About NIL Regulations

If your marketing team has yet to come to you with questions about the legal issues involved with sponsoring college athletes, they probably will shortly. What was once a slow-drip evolution of state legislatures gradually...more

Sensory Advertising Claims: Whether it’s More Comfy, Smells Worse, or Tastes Better, Back Up the Claim with Data

Better taste. More authentic smell. Covers up odor better. More comfortable fit. These kinds of human-sense-based advertising claims are potent advertising tools, but pose difficult challenges for advertisers to prove and...more

5/18/2021  /  Advertising , Marketing , NAD

Supreme Court Clarifies and Narrows the Definition of an Autodialer under the TCPA

Over the past 20 years or so, if your marketing team has deployed or wanted to deploy text messaging to communicate with consumers, and you – as legal counsel – pushed back, you are probably familiar with the Telephone...more

New Class Action Trend: Website Session Replay Tools Alleged to Violate All-Party Consent Recording Requirements

“This call may be recorded for quality assurance or training purposes.” We have all heard the outgoing announcement while on hold. One benefit of this announcement is that this common courtesy is part of good customer...more

Legal Concerns With Influencers’ Tattoos On Social Media: The Ball Is Still In The Air, And The Ink Is Not Dry

When dealing with influencers, advertisers must manage a wide range of legal issues, including limiting risks around any tattoos that may appear on an influencer’s body. A 2011 case involving the assertion of a copyright...more

Loot Box Update

A flurry of news has recently hit the loot box industry. Not only has the FTC finally issued its staff report summarizing the issues addressed at its August 2019 workshop, but a variety of class action lawsuits against gaming...more

COVID-19: Digital Advertising Turnaround!

The digital advertising industry has been under attack through the GDPR and the CCPA for years now. The usual, ineffectual counters to these attacks from industry proponents trying to demonstrate the value of digital...more

5 Key Takeaways - Advertising and Privacy Law: The BBB National Programs, NAD, CARU, and the Hottest Topics

In February, 2020, Kilpatrick Townsend hosted two BBB National Programs events on Hot Topics in Advertising and Privacy Law, first in its San Francisco on February 11 and then in its Atlanta office on February 26. Barry...more

Retail and Consumer Goods Team Alert: 2020 VISION

With the turn of the calendar, the beginning of the new year, and the collective making of resolutions, it is also a good idea to understand the biggest legal risks that companies may confront in the near- and long-term....more

5 Key Takeaways | The Maze of Laws, Rules, and Regulations at the Intersection of Gambling, Gaming, Sports Betting, and Fantasy... [Video]

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the 41st annual 2019 ANA/BAA Marketing Law Conference. The session,...more

5 Takeaways From A BAA Marketing Law Presentation: The Maze of Laws, Rules, and Regulations at the Intersection of Gambling,...

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the 41st annual 2019 ANA/BAA Marketing Law Conference. The session,...more

“Congrats and Thanks” U.S. Olympic Committee Expands Personal Sponsorship Marketing for Athletes and Sponsors at Tokyo 2020

Brands will attempt to advertise and get their message through wherever people are watching, and people watch the Olympic Games in large numbers. Thus, just as official paid sponsorships of the Games is quite costly, other...more

Grand Implications: The Use of Celebrity Look-Alikes in Advertising and the Interplay Between State Right of Publicity and Federal...

What is a world-wide, massively popular pop music star and actor supposed to do when a company negotiates with her to secure her image in an endorsement deal, declines to pay her asking price, but then goes ahead, without...more

5 Key Takeaways: Advertising and Technology: Reaching Consumers in a Digital World

Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at a recent Practicing Law Institute Bridge the Gap program discussing legal issues...more

5 Key Takeaways: Advertising, Social Media, and FTC Enforcement

Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to moderate a panel discussion at the 2019 New York State Bar Association’s Annual Meeting, for...more

KTS Advertising Law Guides - Sweepstakes and Skill Contests: The Legal Basics

While companies may run promotional giveaways all the time, the legal issues involved can trip up even the most careful legal practitioner. When handled properly, promotions can generate tremendous consumer interest, traffic,...more

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