The rise and widespread use of generative artificial intelligence (GenAI) continues to have major implications in the entertainment and music industries, particularly in relation to intellectual property. GenAI technologies,...more
The Federal Trade Commission (FTC) filed a complaint against Williams-Sonoma, the parent company of Pottery Barn and PB Teen, for violating the FTC’s July 16, 2020, order that barred Williams-Sonoma from making false,...more
In Hanagami v. Epic Games, the Ninth Circuit recently reversed the dismissal of a well-known celebrity choreographer’s claim that animated dances in Fortnite, a popular battle-royale style video game, infringed his copyright....more
Influencing has grown to a $21 billion industry. In response to the rapidly growing ubiquity of influencer-driven marketing, the Federal Trade Commission (FTC) has published numerous guidelines for influencers and advertisers...more
12/14/2023
/ Advertising ,
Brand ,
Disclosure Requirements ,
Endorsements ,
Exclusivity ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Intellectual Property Protection ,
Morals Clauses ,
Online Endorsements ,
Online Safety for Children ,
Regulatory Agenda ,
Social Media
In an early test of the interplay between artificial intelligence (AI) and copyright law, the US District Court for the Northern District of California recently allowed a copyright infringement claim to proceed against an AI...more
This notice signals the Copyright Office’s continued interest in the questions raised by generative AI in the copyright space and offers an opportunity for stakeholders to provide feedback on whether legislative or regulatory...more
On April 13, the Federal Trade Commission issued Notices of Penalty Offenses and cover letters to close to 700 advertisers of OTC drugs, homeopathic products, dietary supplements, and functional foods, putting them on notice...more
The sale of stolen, counterfeit or dangerous consumer products through online marketplaces is receiving attention from legislators. The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act...more
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
In recent months, there has been a surge of class actions brought under the Illinois Biometric Information Privacy Act (BIPA) against retailers using virtual “try-on” features on their websites. Virtual try-on technology...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
The Latest Trends and Developments in the Class Actions World -
Labor & Employment-
Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum...more
Last year saw courts, particularly federal courts, continue their close scrutiny of class action settlements to ensure that they are fair and reasonable to class members, and do not unfairly prioritize the interests of class...more
1/18/2023
/ Attorney's Fees ,
CAFA ,
Class Action ,
Class Members ,
En Banc Review ,
Federal Rules of Civil Procedure ,
Incentives ,
Liquidated Damages ,
SCOTUS ,
Settlement ,
Students
Colorado Department of Law Issues Draft CPA Revisions -
On December 22, the Colorado Department of Law issued updates to the draft Colorado Privacy Act (CPA) rules. These revisions build on written comments and feedback from...more
1/13/2023
/ Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Colorado ,
COPPA ,
Data Security ,
Employee Definition ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mobile Apps ,
New Guidance ,
Penalties ,
Personal Data ,
Popular ,
Privacy Laws ,
Rulemaking Process ,
Standard Contractual Clauses ,
UK
Pandora’s Virtual Try-On Tool Leads to BIPA Class Complaint -
On November 15, 2022, a group of plaintiffs brought a purported class action against Pandora Jewelry LLC, claiming that its virtual try-on tool violates...more
12/12/2022
/ Biometric Information Privacy Act ,
Breach of Contract ,
Cease and Desist Orders ,
Class Action ,
Computer Fraud and Abuse Act (CFAA) ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
hiQ Labs Inc v LinkedIn Corp ,
LinkedIn ,
NIST ,
Personal Information ,
SCOTUS ,
Social Media ,
Twitter ,
Virtual Reality ,
Web Scraping
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
FTC Is Tracking Twitter Developments With “Deep Concern” -
Elon Musk’s recent purchase of Twitter has led to numerous resignations in the security department. Most recently, Twitter’s chief information security officer,...more
11/15/2022
/ Biometric Information Privacy Act ,
California Privacy Rights Act (CPRA) ,
Consent Order ,
Cybersecurity ,
Data Privacy ,
Data Retention ,
EU ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
NYDFS ,
Personal Information ,
Risk Assessment ,
Twitter
On December 22, 2020, the US Securities and Exchange Commission (SEC) adapted the rules that govern investment advisor advertisements and payments to solicitors. The amendments consolidated the previous advertising and cash...more
On October 26, 2022, the US Securities and Exchange Commission (SEC) proposed a new rule and rule amendments under the Investment Advisors Act that, if passed, would prohibit registered investment advisors from outsourcing...more
On August 10, 2022, the US Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) issued a joint proposal to amend Form PF, a reporting form for SEC-registered reporting private fund...more
The U.S. Securities and Exchange Commission (SEC) announced last week that it will now require electronic submissions via its Electronic Data Gathering, Analysis, and Retrieval (EDGAR) system for certain applications, namely...more
A number of recent cases seek to combat what plaintiffs claim is a surge of deceptive marketing by companies in the food space. In particular, there have been a number of claims concerning the use and labeling of vanilla...more