An Illinois consumer recently filed a putative class action complaint against the makers of Fireball Whisky, claiming that the alcohol producer’s mini bottles deceived consumers into buying products labeled as “whisky,” even...more
1. Consumer Law Reforms -
2023 will see an increase in class action lawsuits targeting per- and poly-fluoroalkyl substances (PFAS) in consumer products as more PFAS-limiting laws go into effect. Specifically, we expect food...more
4/4/2023
/ Artificial Intelligence ,
Automatic Renewals ,
Cryptoassets ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Influencers ,
Non-Fungible Tokens (NFTs) ,
PFAS ,
Popular ,
Privacy Laws ,
Product Packaging ,
Proposition 65 ,
ROSCA ,
Subscription Services ,
Toxic Chemicals ,
Unfair or Deceptive Trade Practices
With the advent of OpenAI’s ChatGPT, GitHub Copilot, and Google’s Bard, generative artificial intelligence (AI) is all the rage from students looking for an easy answer to c-suite executives hoping to stay ahead of the game....more
On the heels of recent legal setbacks and challenges for NFT collections offered by Dapper Labs and DraftKings, the New York Attorney General (NYAG) filed suit in New York state court against the parent companies of...more
Valuation is a key element in bankruptcies. Generally, a higher valuation of a bankrupt firm means larger creditor recoveries, and a higher valuation of pre-petition collateral means a smaller “adequate protection” package...more
The Copyright Office indicated that material created using AI may be copyrightable if a human author sufficiently controls the creative process.
Less than a month after denying copyright protection to AI-generated...more
On March 9, 2023, a putative class action was filed against DraftKings Inc. for alleged violations of federal securities laws in the US District Court for the District of Massachusetts. The class, if certified, will include...more
On February 22, 2023, the United States District Court for the Southern District of New York, in a 64-page opinion, denied a motion to dismiss filed by Dapper Labs, Inc., the developer behind the NBA Top Shot NFT platform,...more
The Federal Trade Commission (FTC) has taken action under the “Made in USA” labeling rule against Instant Brands for falsely claiming that its Pyrex-brand glass measuring cups were manufactured in the United States....more
Courts across the United States are grappling with the application of traditional legal principles to "Web3” technologies and tools, such as blockchain, NFTs, and decentralized autonomous organizations (DAOs).
Among other...more
With the US Copyright Office (USCO) continuing their stance that protection only extends to human authorship, what will this mean for artificial intelligence (AI)-generated works — and artists — in the future?
Almost...more
With the start of the new year, the ArentFox Schiff Metaverse Industry team reviews 10 of the most pressing legal issues for companies in 2023....more
1/31/2023
/ Blockchain ,
CFTC ,
Class Action ,
Compliance ,
Customer-Loyalty Programs ,
Data Privacy ,
Decentralized Autonomous Organization (DAO) ,
Digital Assets ,
DMCA ,
Enforcement ,
Federal Trade Commission (FTC) ,
ICANN ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Professional Development ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC)
As concerns about perfluoroalkyl and polyfluoroalkyl substances (PFAS) continue to grow, state legislators are taking action. After an initial wave of laws prohibiting the use of PFAS in firefighting products and food...more
A dispute between luxury fashion brand Hermès and digital artist Mason Rothschild over Hermès’ alleged trademark rights relating to the Hermès’ Birkin handbag is making waves as a New York federal judge has denied...more
The Metaverse is a minefield for intellectual property (IP) owners. Many of the threats to IP will be familiar — such as unauthorized use of trademarks, copying of content, and misuse of name/image/likeness. However, the best...more
Four days after FTX, once the world’s third-largest crypto exchange, filed for voluntary Chapter 11 bankruptcy, former FTX investors filed a class action against 11 athletes and celebrities who promoted FTX in advertisements...more
The Federal Trade Commission (FTC) announced on December 14, 2022, that it is seeking public comment on potential updates and changes to its “Green Guides,” kicking off a process that may lead to the first significant changes...more
The crypto winter is starting to look more like a crypto ice age. In addition to hundreds of billions of dollars in lost market value, the crypto industry has seen major industry players seek protection in bankruptcy court,...more
On November 3, 2022, two consumers filed a putative class action complaint against a fast fashion company, claiming that the apparel company’s “Conscious Choice” clothing line deceived consumers into buying products labeled...more
In this Fashion Counsel video, Anthony Lupo and Dan Jasnow break down what e-commerce will look like as the metaverse continues to evolve.
NFTs are only just a small piece of the puzzle as companies strive toward merging the...more
The US Securities and Exchange Commission (SEC) has filed an enforcement action against crypto influencer Ian Balina in the Western District of Texas alleging that he promoted unregistered securities in connection with the...more
10/13/2022
/ Bitcoin ,
Blockchain ,
Civil Monetary Penalty ,
Corporate Counsel ,
Cryptoassets ,
Digital Assets ,
Ethereum ,
Initial Coin Offering (ICOs) ,
Initial Public Offering (IPO) ,
Jurisdiction ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Securities ,
Securities and Exchange Commission (SEC)
The Biden Administration, after ordering a series of reports on the risks and potential benefits of cryptocurrency and digital assets in its March 9, 2022, Executive Order (EO), has now published the “Comprehensive Framework...more
9/30/2022
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Biden Administration ,
Blockchain ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Corporate Counsel ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Enforcement ,
Executive Orders ,
Fraud ,
Investor Protection ,
New Regulations ,
Proposed Legislation ,
Regulatory Agenda ,
Risk Assessment
The Federal Trade Commission (FTC) recently cracked down on Lithionics Battery, LLC, and Lions Not Sheep Products, LLC, for violating the FTC’s Made in USA Labeling Rule. These are some of the first enforcement actions after...more
On May 13, 2022, a Singaporean man won a worldwide injunction prohibiting the transfer of ownership of a Non-Fungible Token (NFT) at the center of a dispute between him and an online persona with the screen name of...more
Buying a car has evolved from the days of brick and mortar dealerships to e-commerce, where consumers can select their preferred dealer, reserve, order, finance, and purchase a new or used vehicle in a seamless transaction....more
7/6/2022
/ Augmented Reality ,
Blockchain ,
Class Action ,
Cryptocurrency ,
Cybersecurity ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Intellectual Property Protection ,
IRS ,
Metaverse ,
Popular ,
Truth in Lending Act (TILA) ,
Virtual Reality