In what is shaping up to be an increasingly active term for judicial scrutiny of agency deference, the U.S. Supreme Court granted certiorari in McLaughlin Chiropractic Assoc. v. McKesson Corp., No. 23-1226 (U.S. Oct. 4,...more
11/1/2024
/ Administrative Interpretation ,
Advertising ,
Certiorari ,
Chevron Deference ,
Faxes ,
FCC ,
Judicial Deference ,
Loper Bright Enterprises v Raimondo ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Opt-Outs ,
SCOTUS ,
TCPA ,
Unsolicited Faxes
The Federal Trade Commission (FTC) recently announced several enforcement actions and proposed settlements as part of a new sweep it calls “Operation AI Comply.” These cases appear focused on companies that the FTC alleges...more
Last week, over the course of a single day, California Governor Gavin Newsom made headlines by signing into law five new bills tackling complex issues involving digital replicas and deepfakes. Two of the bills are aimed at...more
9/27/2024
/ Artificial Intelligence ,
Artificial Reproduction ,
California ,
Deep Fake ,
Governor Newsom ,
Legislative Agendas ,
New Legislation ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures ,
Technology Sector
Fresh off the heels of strikes by both the Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA) and the Writers Guild of America (WGA) that effectively halted the making of movies and TV shows...more
In the fall of 2023, the Writers Guild of America (WGA) and the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) each ratified new agreements, amending and building upon their collective...more
4/25/2024
/ AFTRA ,
Artificial Intelligence ,
Commercial Contracts ,
Contract Drafting ,
Contract Terms ,
Entertainment Industry ,
Movies ,
SAG ,
Screen Actors Guild ,
Screenwriters ,
Strike ,
Television
With the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges....more
2/23/2024
/ Advertising ,
Artificial Intelligence ,
Consumer Privacy Rights ,
COPPA ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Data Security ,
Endorsements ,
Enforcement Actions ,
Excessive Fees ,
Federal Trade Commission (FTC) ,
Influencers ,
Legislative Agendas ,
Marketing ,
Marketing Perspectives ,
Notice of Proposed Rulemaking (NOPR) ,
Online Reviews ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government ,
Subscription Services
Brands continue to promote sustainable and eco-friendly qualities of their products and services, and regulators are sharpening their enforcement tools in response. Both the United States and European Union took steps in the...more
7/28/2023
/ Advertising ,
Brand ,
Climate Change ,
Enforcement ,
Environmental Social & Governance (ESG) ,
EU ,
Federal Trade Commission (FTC) ,
Green Marketing ,
Marketing ,
Recycling ,
Retailers ,
Sustainability
This is the second of a three-part series on the hot legal topics surrounding generative artificial intelligence (AI) (see Part 1: The Latest Chapter in Copyrightability of AI-Generated Works).
As the quality of...more
4/21/2023
/ Artificial Intelligence ,
Artists ,
Authorship ,
Copyright ,
DMCA ,
Entertainment Industry ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Investors ,
IP License ,
IP Litigation ,
Machine Learning ,
Technology Sector ,
The Copyright Act
As a society, we tend to admire celebrities, which can greatly influence our desire to purchase the products they promote. A single celebrity endorsement can increase sales by 4% (if not more). Many popular consumer products...more
Another new year approaches, so it’s time for retailers to revisit advertising and marketing law compliance strategies to avoid class actions, regulatory enforcement actions, and competitor challenges. In this Update, we...more
12/30/2022
/ Advertising ,
Consumer Reports ,
Contests & Promotions ,
Endorsements ,
Enforcement ,
Federal Trade Commission (FTC) ,
Influencers ,
Marketing ,
NAD ,
Regulatory Agenda ,
Retail Market ,
Retailers