Communications & Media General Business

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Task Force Report: Branding and Packaging of Cannabis

In this edition of our series on the Task Force’s final report "A Framework for the Legalization and Regulation of Cannabis in Canada" (the "Report") we explore the Task Force’s recommendations in relation to advertising,...more

Presentation Matters When Seeking to Compel Arbitration in Consumer Class Actions

A pair of recent opinions proves that when it comes to compelling arbitration in a consumer class action, presentation of the arbitration clause may matter more than favorable Supreme Court precedent. First, in Norcia v....more

Expect a Mess When Food and Class Actions Collide: Part 1

Remember eating pasta and spaghetti sauce as a kid? Remember what it did to your shirt? Your face? Want to rekindle that memory? Two recent cases will help you revive it. One involves gumbo; the other, gourmet foods and...more

OTA & Travel Distribution Update - March 17th, 2017

With my bracket totally blown by Villanova’s loss this afternoon, there is no time like the present to prepare this week’s OTA & Travel Distribution Update. This week’s Update features stories for everyone. Discounted...more

[Webinar] Does Your Company's Distribution Strategy Create Legal Risk? – April 27th, 12:30pm EST

What does in-house counsel need to consider when reviewing pricing and marketing decisions in a dual-distribution system? The internet can extend the geographic reach of your product, but what issues must in-house counsel...more

Selecting a Unique Brand for your Cannabis Business

All brands should strive to be unique. However, it is particularly important that businesses in competitive industries, like the cannabis industry, adopt brands that are highly distinctive and unique. Why? In competitive...more

Court Relies on Due Process Argument to Dismiss Website Accessibility Suit

Over the past few years, a handful of law firms have filed hundreds of lawsuits – and sent many hundreds of letters threatening lawsuits – over website accessibility issues. This has been a lucrative business for these firms....more

The JOBS Act at Five: Congressional Hearing Highlights Need for Further Reform

On March 22, the Subcommittee on Capital Markets, Securities, and Investment of the Financial Services Committee conducted a hearing entitled “The JOBS Act at Five: Examining Its Impact and Ensuring the Competitiveness of the...more

Lessons from the Historic ZTE Enforcement Action

On March 7, 2017, Chinese telecommunications company, Zhongxing Telecommunications Equipment Corp. (ZTE), signed on to three separate settlement agreements with the United States, agreeing to pay $892 million for violations...more

Crowdfunding or Private Placement Memorandum?

Spurred by the frenzy of mid-century modern furniture of the 1950s and 1960s returning in popularity, a growing number of collectors are investing in and holding vintage furniture. Capitalizing on that craze, N. Stile Sune’s...more

New York District Court Flushes Nationwide Class, Permits New York Classes to Go Forward

In three related actions before the Eastern District of New York, consumer plaintiffs who purchased moist toilet wipes manufactured and produced by Kimberly-Clark and sold by Costco alleged that defendants mislabeled the...more

Anti-Aging Litigation

Manufacturers, distributors, and retailers often tout the anti-aging effects of certain cosmetics and nutritional supplements. Of course, the term “anti-aging” is not intended to literally mean that a product prevents aging. ...more

Two New Texas Supreme Court Decisions

Two especially interesting decisions were released last Friday by the Texas Supreme Court. In Engelman Irrigation District v. Shields Brothers, Inc., the Court affirmed the ruling of the Thirteenth Court of Appeals...more

Snitches get……massive cash rewards

On Monday 20 March 2017, the UK Competition and Markets Authority (CMA) announced a campaign to encourage whistle-blowers to come forward and expose cartels. The campaign is going to target social media and key websites. ...more

50% Off – New Guidance on Pricing Practices ‘Reduced’ to a Set of Common Sense Principles

The Chartered Trading Standards Institute (CTSI) has produced a new pricing practice guide which moves towards a principle-based approach. The new guidance will take effect from April 2017 and covers a range of pricing...more

Chancery Court Holds That Squeezed Out Stockholders Lack Standing to Compel Inspection under DGCL § 220

On February 27, 2017, the Delaware Court of Chancery addressed an important matter of first impression under Delaware law: "Must a plaintiff seeking corporate records under Section 220 of the Delaware General Corporation Law...more

No hiding a cartel under a joint venture marketing company

We are used to companies being fined for cartels acting undercover to agree on prices or other market parameters. What about companies openly agreeing together through a joint venture company?...more

Remember – “March Madness” is a Trademark

We are in March. The minds of many turn to March Madness as the NCAA hosts its annual tournament to crown college basketball’s national champion. Of these, many want to take advantage of the tournament to promote their...more

Not just any Canada Day – Important CASL changes in effect on July 1, 2017

Canada’s anti-spam law (CASL) came into effect on July 1, 2014. Almost three years later, Canadian businesses and their lawyers are still grappling with CASL compliance issues and trying to understand how CASL’s broad and...more

Consumer Review Fairness Act Taking Effect

The Consumer Review Fairness Act (CRFA) began to take effect yesterday, March 14, 2017. One aim of the CRFA is to protect consumers’ ability to publicly review services and vendors without being subject to restrictions or...more

Industry Hits Back Against the Plaintiffs’ Bar’s Effort to Eviscerate TCPA Consent Rulings

1992 was an interesting year. Ross Perot ran for president. Crystal Pepsi was all the rage. And the FCC handed down a ruling on the then-nascent TCPA interpreting what it means to provide “express consent” to receive...more

The Competition Bureau applies strict standards to retail price claims in Canada

Regular prices, sale prices, clearance sales – these terms are ubiquitous in the retail world and are a familiar component of marketing strategies intended to convince consumers that now is the best time to make a purchase...more

Indonesia Implements a Safe Harbor Policy for E-Commerce (Marketplace) Platforms

In light of rapid developments in the e-commerce industry in Indonesia, the Ministry of Communication and Informatics ("MOCI") issued Circular Letter No. 5 of 2016 on the Limitations and Responsibilities of Platform Providers...more

On Your Mark—"TM" or "®"? Trademark Notice Guidelines

When starting a new business or developing a new brand, business owners tend to have common trademark-related questions: Do I need a trademark registration? What rights will a registration provide? What are the associated...more

OTA & Travel Distribution Update - March 3rd, 2017

La Quinta Expands Loyalty Program [OTA]. La Quinta is the latest chain to announce significant revisions to its loyalty program (La Quinta Returns). Similar to the recently announced changes by Hilton to its Hilton Honors, La...more

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