In today’s heightened enforcement environment, compliance auditing isn’t just a best practice—it’s a necessity. Federal and state laws and industry guidance, including the Office of Inspector General (OIG) Compliance Program...more
Yet another “celebrity” token memecoin project seeking to leverage a “cultural movement” has become the subject of a lawsuit alleging that the tokens were unregistered securities. A group of plaintiffs recently sued over the...more
Governor Gavin Newsome signed AB2863 into law on September 24, 2024, amending California’s automatic renewal law – making it the most stringent state measure in the United States. As businesses that operate online are aware,...more
This week Donald J. Trump announced that “Back by popular demand” he’s offering his new (Series 4) Trump Digital Trading Cards (NFTs). Being the glutton for punishment that I am, I went to the website to review the offer and...more
In the dynamic world of merchandise planning, many companies have long relied on the versatility and user-friendliness of Microsoft Excel. However, as organizations expand, the manual processes and limited data handling...more
By awarding prizes in connection with a sweepstakes promotion, a business can generate valuable publicity and goodwill. This is especially true when the sweepstakes sponsor is able to publish the name and/or likeness of the...more
A Pennsylvania federal court recently granted a retailer’s motion to dismiss claims that its use of “spy pixels” in its commercial e-mail constitutes illegal wiretapping. In Hartley v. Urban Outfitters, Inc., No....more
Trademark owners often receive advice from counsel about registering their marks for core goods and services. And many times, that is all that budgets initially allow for....more
At its March 14, 2024, open meeting, the Federal Communications Commission (FCC) adopted new rules that require multichannel video programming distributors (MVPDs – cable television operators and satellite video providers) to...more
The NCAA national men’s and women’s basketball tournaments will begin on March 17, 2024 and end with the national championship games in early April. Broadcast stations often conduct promotions tied to these tournaments...more
Recent headlines on a lawsuit against American Airlines for loyalty account closures give us a good excuse to examine this issue. A loyalty program or rewards program, two different names for the same thing, is a popular tool...more
CSPI Urges Food Retailers, Congress to Make SNAP Decisions - Marketing is as important as availability, food study finds - Keep Your Government Hands off Our Food Stamps! SNAP—or the Supplemental Nutrition Assistance...more
In today’s digital era where social media is at the core of all business, influencers have emerged as pivotal players in the world of marketing, wielding significant influence over their followers and the brands they...more
The lead-up to the July Fourth holiday was a busy time for endorsement and testimonial watchers—the FTC issued (i) its final, updated Guides to the Use of Endorsements and Testimonials in Advertising, (ii) an updated version...more
The NCAA national men’s and women’s basketball tournaments will begin on March 12, 2023 and end with the national championships in early April. Broadcast stations often conduct promotions tied to these tournaments. The...more
Super Bowl LVII (57) will be held on February 12, 2023 at State Farm Stadium in Glendale, Arizona. The NFL carefully protects its copyrights and trademarks. If your broadcast station plans to conduct promotions or contests...more
As we take a breather during the holiday whirlwind, we wanted to flag for readers a recent development in advertising and promotion regulation that FDA quietly released nearly a month ago. In a Memorandum issued on October 27...more
The Major League Baseball (MLB) Postseason begins on October 7, 2022 and will culminate with the World Series starting on October 28, 2022. Your radio or television station may want to be involved in promotions that are tied...more
You schedule annual car inspections, physicals, and meetings with your accountant. But have you considered the importance of a yearly check-up for the health and well-being of your business? Connecting with your corporate...more
In order to avoid being a victim of a “copyright troll,” businesses need to be vigilant about the content they post on social media, websites and other promotional materials...more
Last week’s release of advisory opinions related to the Foreign Agents Registration Act (FARA) – the first such opinions from the new Chief of the Department of Justice’s FARA Unit (the “Unit”) – signal that the Unit will...more
I love it when there are new and innovative approaches to sweepstakes. That’s been the genesis and driving force behind sweepstakes promotions since they began. The term “sweepstakes” itself originated in the late 14th...more
Last week, the United States Court of Appeals for the Ninth Circuit issued a decision vacating a district court order certifying three plaintiff classes pursuing damages for alleged price-fixing conspiracies in the tuna...more
In 2020, the U.S. Food and Drug Administration's (FDA) Office of Prescription Drug Promotion (OPDP) issued four warning letters and two untitled letters to pharmaceutical companies for promotional materials that allegedly...more
In the News. The Securities and Exchange Commission (SEC) announced that it adopted Rule 12d1-4 under the Investment Company Act of 1940 (the 1940 Act), providing a new regulatory framework for fund-of-funds and final...more