Linda Goldstein

Linda Goldstein

Manatt, Phelps & Phillips, LLP

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Latest Publications


Advertising Law - February 2016

Tensions Mount Prior to Contract Renewal Between Industry, SAG-AFTRA - The ad industry and the Screen Actors Guild-American Federation of Television and Radio Artists plan to negotiate successor agreements to the current...more

2/8/2016 - ACLU AFTRA Broadband Digital Advertising Alliance Electronic Frontier Foundation False Advertising FCC FTC Native Advertising Online Interest-Based Advertising Accountability Program Opt-Outs Preemption Product Labels Putative Class Actions SAG Television Commercials Trade Unions TTB

Advertising Law - January 2016 #2

Uber Drives Settlement With NY AG Over Data Breach, Privacy Violations - In a pair of settlements, ride-sharing company Uber agreed to pay a $20,000 fine for failing to report a data breach in a timely manner as required...more

2/1/2016 - Attorney Generals Big Data Class Action Class Action Arbitration Waivers Data Breach ECOA False Advertising FCRA Fitbit FTC FTCA Geolocation Personal Data Privacy Policy Uber Unconscionable Contracts

Advertising Law - January 2016 #2

Battle Over Legality of Daily Fantasy Sports Sites Continues - It may be a new year, but the battle over the legality of the FanDuel and DraftKings daily fantasy sports sites continues. New York Attorney General...more

1/23/2016 - Advertising COPPA Enforcement Actions Fantasy Sports FTC FTC Act NAD Section 5 Third-Party Third-Party Service Provider

Advertising Law - January 2016

Ending Challenge to FTC's Data Security Authority, Wyndham Settles - In a significant development, Wyndham Hotels and Resorts reached a deal with the Federal Trade Commission in the high-profile litigation that began...more

1/15/2016 - Advertising AFTRA CA Supreme Court Data Security Food Labeling FTC FTC v Wyndham Mail Medical Marijuana Organic SAG Wyndham

Advertising Law - December 2015 #4

Copper-Infused Apparel Company Settles With FTC for $1.4M - Tommie Copper, Inc. and company founder Thomas Kallish reached a deal with the Federal Trade Commission to settle charges that they misled consumers by claiming...more

12/22/2015 - ADA Advertising Substantiation Celebrity Endorsements COPPA Data Breach Data Security DOJ DraftKings Electronic Frontier Foundation False Advertising FanDuel Fantasy Sports FTC Google Internet of Things Student Privacy Website Accessibility

Advertising Law - December 2015 #2

Game's Over: Jordan, Grocers Settle Publicity Rights Suits - To avoid a second trial in litigation initiated by Michael Jordan challenging the use of his likeness in a commemorative issue of Sports Illustrated, the...more

12/10/2015 - Commercial Speech False Advertising FCC FDA Food Labeling FTC FTCA GMO Memorandum of Understanding Michael Jordan Right of Publicity YouTube

Advertising Law - December 2015

New York AG Asks Court to Bench DFS - In the continuing drama surrounding Daily Fantasy Sports (DFS), New York's Attorney General Eric Schneiderman responded to lawsuits by DraftKings and FanDuel by seeking a preliminary...more

12/4/2015 - Advertising Substantiation Attorney Generals Data Security Dietary Supplements DraftKings FanDuel Fantasy Sports FTC FTCA LabMD Preliminary Injunctions Section 5 Telemarketing Sales Rule

Advertising Law - November 2015 #4

Sharing Is Caring? New Report Documents Apps Sharing User Data at High Rates - A new report has revealed that Apple and Android apps share information with third parties at high rates. Testing 55 of the most popular...more

11/30/2015 - Android Apple Attorney Generals Copyright Copyright Infringement Cox Communications Data Breach Data Security Data-Sharing DraftKings FanDuel Fantasy Sports FCC FTC Mobile Apps Parody Personal Data

Advertising Law - November 2015 #3

FTC Flushes Claims for "Flushable" Wipes - Reminding advertisers about the importance of environmental marketing claims, the Federal Trade Commission approved a final consent order in an enforcement action against...more

11/24/2015 - Advertising Substantiation All Natural Debt Collection Fantasy Sports FCRA Food Labeling FTC Injury-in-Fact Lead Generators NFL Right of Publicity SCOTUS Spokeo v Robins

Health Update - November 2015

Best Practices for Using Social Media in Healthcare: Maximizing Impact, Mitigating Risk - Editor's note: In a generation more likely to seek health information online than see a doctor, social media is playing an...more

11/23/2015 - Affordable Care Act Ann Taylor Form 1095 FTC FTC Endorsement Guidelines HCQIA Health Information Technologies Health Insurance Exchanges HIPAA Hyundai IRS Licensing Boards Marketing NC Board of Dental Examiners v FTC Peer Review Reporting Requirements SCOTUS Social Media State Action Immunity

Advertising Law - November 2015 #2

It’s a FACT(A): Record Deals Reached Under the Statute - Two record-setting deals were recently reached in Fair and Accurate Credit Transaction Act (FACTA) cases, where the Laboratory Corporation of America and Spirit...more

11/13/2015 - Advertising Substantiation Bayer Class Action FACTA Fantasy Sports Internet Gambling NARB Online Gaming Self-Regulatory Organizations Settlements

Advertising Law - October 2015

Commercials Pulled After Endorser Admits 9/11 Lies - The revelation that an endorser lied about his whereabouts on September 11 led a national sports-themed restaurant chain to stop airing commercials where the actor...more

10/9/2015 - Advertising Air Pollution Celebrities Celebrity Endorsements Class Action Consent COPPA Cybersecurity Data Privacy Data Protection Data Security DOJ Encryption EPA False Statements FTC Instagram Parental Consent Pinterest Section 5 Social Media Startups Television Commercials Unfair or Deceptive Trade Practices Volkswagen

Advertising Law - September 2015 #3

State AGs Settle Negative Option Marketing Case for $1M: Negative option marketing cost one company $1 million in a recent deal with the Attorneys General of New York, Pennsylvania and Washington. According to the...more

10/1/2015 - Ashley Madison Attorney Generals Class Action Consent Decrees Data Privacy Dot Com Disclosure Guide Electronic Communications False Advertising Fraud FTC Green Guides Invasion of Privacy Personal Data Prior Express Consent Punitive Damages Putative Class Actions Restitution ROSCA Twitter Unfair or Deceptive Trade Practices Unjust Enrichment

Advertising Law - September 2015 #2

FTC Reviews Kids’ Apps for Privacy Progress - Three years after conducting a survey on apps directed to children, the Federal Trade Commission’s Office of Technology Research and Investigation decided to check back with...more

9/28/2015 - App Developers Breach Notification Rule Broadband Class Action COPPA Data Collection Data Privacy Data-Sharing Duty to Disclose E-Cigarettes False Advertising FCC Federal Communications Act FTC Mobile Apps NAD Net Neutrality Online Safety for Children Privacy Policy Tobacco Litigation Unfair Competition

Advertising Law - September 2015

Third Circuit Affirms FTC's Power to Regulate Data Security Practices - Affirming the power of the Federal Trade Commission to regulate corporate cybersecurity, the Third Circuit Court of Appeals held that the agency may...more

9/17/2015 - Celebrity Endorsements Cost-Benefit Analysis Cyber Attacks Cybersecurity Data Breach Data Privacy Data Protection Data Security Enforcement Authority FTC FTC v Wyndham FTCA GMO Governor Brown Jared Fogle Labeling Made in the USA Michael Jordan New Legislation Personally Identifiable Information Privacy Policy Right of Publicity Section 5 Subway Unfair or Deceptive Trade Practices

Advertising Law - August 2015 #3

Ad Group to FTC: Keep Right to Be Forgotten Out of U.S. - Responding to a petition filed by Consumer Watchdog with the Federal Trade Commission seeking an expansion of the “Right to Be Forgotten” to the United States,...more

8/20/2015 - Advertising All Natural Class Action Credit Credit Repair Services False Advertising FTC Gift-Cards Google Right to Be Forgotten Settlement Unfair Competition Unfair or Deceptive Trade Practices

Advertising Law - August 2015 #2

FDA Wants to Pour Some Sugar on the Nutrition Label - Adding to the proposed changes to the Nutrition Facts label—the first tweaks in 20 years—the Food and Drug Administration has suggested yet another: adding the...more

8/13/2015 - Advertising All Natural Dismissals Do Not Call List Elder Issues False Advertising FDA First Amendment Food Labeling Food Marketing FTC GMO Likelihood of Confusion Medicare Nutrition Facts Labels Scams Telemarketing Sales Rule TTB Wine & Alcohol

Advertising Law - August 2015

Internet Cafes Lose a Bet With the California Supreme Court - In a unanimous decision, the California Supreme Court upheld an injunction against the operators of Internet cafes that offered “sweepstakes” games the Court...more

8/7/2015 - Advertising Amicus Briefs Attorney Generals Auto-Dialed Calls CA Supreme Court Class Action Credit Cards Data Breach Data Privacy Data Security FCC FCRA Hackers Imminent Harm Internet Cafes Internet Gambling Marijuana Neiman Marcus Personally Identifiable Information Robocalling SCOTUS Spokeo Spokeo v Robins Standing TCPA

Advertising Law - July 2015 #5

Place Your Bets: Yahoo to Host Fantasy Sports Games - In a new business venture that adds to an ever expanding field, Yahoo announced that it will host daily and weeklong pay-to-play fantasy sports games for cash prizes....more

7/30/2015 - Advertising Blue Diamond Growers Class Action CLRA Do Not Track False Advertising Fantasy Sports FDA Gerber Internet Internet Gambling Menu Rule Nutrition Facts Labels Publix Time Extensions Uber W3C Yahoo!

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