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The Food Fight Continues: Vermont AG Seeks to Dismiss Lawsuit Against GMO Labeling Law

In June, we reported on a suit brought by the Grocery Manufacturers Association (“GMA”) seeking to rescind Vermont’s new GMO-labeling statute, Act 120. As we explained in that post, the GMA argues that Act 120 is doubly...more

Social Media Policy: It’s Only As Effective as the Social Media Training That Goes With It

With the rise of the internet and mobile technology, people are broadcasting their opinions and beliefs on social media sites. Twitter was established as an outlet for self expression… of the fewer-than-...more

Insurance Coverage – Personal & Advertising Injury – Trade Disparagement

Hartford Casualty Insurance Co. v Swift Distribution, Inc. - California Supreme Court (June 12, 2014) - Commercial liability policies provide coverage for “personal and advertising injury.” This term typically...more

Grocery Manufacturers File Suit Against Vermont Over GMO Law

In April, we wrote about the Vermont legislature’s approval of a bill that would require manufacturers to change the retail labels of certain foods to indicate that they are GMO. On May 8, 2014, Vermont enacted the final...more

Impact of EU Citizens’ “Right to Be Forgotten” on U.S. Companies

The European Court of Justice (“ECJ”) recently held that Google must, under certain circumstances, provide European Union (“EU”) citizens with the right to remove information about themselves, including the list of results...more

D.C. Circuit To Consider Requirements For Compelled Disclosures

The D.C. Circuit will rehear American Meat Institute v. U.S. Department of Agriculture en banc later this month. This case presents a First Amendment challenge to a rule requiring that meat products be labeled with precise...more

Proposed California Legislation Would Limit and Possibly Punish Non-Disparagement Clauses in Online Consumer Contracts

On Tuesday, April, 22, the California Assembly Judiciary Committee voted 10-0 to approve a so-called “Yelp bill” that would prohibit companies from suppressing negative consumer reviews through the use of “non-disparagement...more

Supreme Court Clarifies Standing Requirements in False Advertising Lawsuits

On March 25, the U.S. Supreme Court clarified who has the right to assert a federal claim for false advertising. In a unanimous ruling, the Court established that one company can sue another under the Lanham Act, the federal...more

A Uniform Approach to Standing for False Advertising Claims under the Lanham Act

On March 25, 2014, the Supreme Court, in Lexmark International, Inc. v. Static Control Components, Inc., 572 U.S. ___ (2014), resolved a circuit split regarding the test for standing to assert a claim for false advertising...more

MoFo New York Tax Insights - Volume 5, Issue 4 - April 2014

In This Issue: City ALJ Holds First Amendment Requires Exercise of Discretionary Authority for Sourcing Receipts from Providing Credit Ratings; Tribunal Affirms Partial Day Count for Statutory Residency Purposes; ALJ...more

MoFo New York Tax Insights - Volume 5, Issue 4 - April 2014

In This Issue: City ALJ Holds First Amendment Requires Exercise of Discretionary Authority for Sourcing Receipts from Providing Credit Ratings; Tribunal Affirms Partial Day Count for Statutory Residency Purposes; ALJ...more

MoFo New York Tax Insights - Volume 5, Issue 2 - February 2014

In This Issue: Governor Cuomo Releases Ambitious 2014-15 Executive Budget; Third Department Holds Transfer of Condemned Property Did Not Occur Until After Gains Tax Was Repealed; Trial Court Upholds Constitutionality...more

California Appeals Court Holds Injury Required For Standing Under State Shine The Light Law

Recently, the California Court of Appeals, Second District, held that a plaintiff must have suffered a statutory injury to have standing to pursue a cause of action under the state’s “Shine the Light Act” (SLA). Boorstein v....more

Socially Aware - Volume 4, Issue 2 - December 2013

In This Issue: Peering Into the Future: Google Glass and the Law; Ownership of Business-Related Social Media Accounts; Two Circuits Address the First Amendment Status of Facebook Activity; Collaborative Consumption –...more

Drug Quality and Security Act Creates New Laws for Compounding Pharmacies

On November 27, 2013, the Drug Quality and Security Act was signed into law. This new law provides clarity to the existing pharmacy compounding laws within Section 503A of the Food, Drug & Cosmetic Act (FDCA) and creates new...more

NCAA’s Battle Continues in the Fight Over Who Should Pay for the Use of Student-Athlete Likenesses

Since 2009, former student-athletes have been litigating the issue of whether the apparent commodification of student-athlete likenesses in video games entitles the athletes to compensation. Defendants in these lawsuits...more

Advertising Law: It's not your father's first amendment

Advertising seems like an unlikely candidate for constitutional protection. Think of the snake oil and patent remedy advertisements in newspapers a century ago. Even today, political candidate ads seem to take an "anything...more

State + Local Tax Insights -- Fall 2013

In This Issue: “Occasional Sales” and Single Sales Factor Apportionment in California; Upcoming Speaking Engagements; State Taxation of Financial Institutions; Applying the True Object Test to Determine the Taxability...more

Spotlight on SALT: Illinois Supreme Court Invalidates the State's "Click-Through Nexus" Statute Under the Internet Tax Freedom Act

Illinois joined a number of other states in 2011 and enacted a "click-through nexus" statute targeting internet retailers for sales and use tax collection obligations. Under the Illinois and similar statutes enacted in other...more

Illinois Supreme Court Invalidates 'Amazon' Sales Tax Law: Now What?

The Illinois Supreme Court, affirming a lower court decision, invalidated the state's "click-through" nexus law. This law required out-of-state Internet retailers who use in-state web marketing "affiliates" to collect sales...more

Illinois Supreme Court Holds Internet Sales Tax Preempted by Federal Statute

On Friday morning, the Illinois Supreme Court handed down its opinion in one of its most high-profile pending cases. The Court held in Performance Marketing Association, Inc. v. Hamer that the federal Internet Tax Freedom Act...more

Legal concepts every social media marketer should know: Part III -- Use of third-party images, graphics, and content

It’s often said that imitation is the sincerest form of flattery. But when it comes to running an online marketing campaign or social media site, imitating (or straight-up copying) other peoples’ content can be the quickest...more

Capital Thinking: Technology and Communications

LEGISLATIVE ACTIVITY - FCC Nominations - The Senate Committee on Commerce, Science and Transportation is expected to hold a confirmation hearing on Republican Michael O’Reilly’s nomination to serve as a...more

Be Kind, Rewind: Ninth Circuit Uses Betamax-Era Precedent to Approve Dish Network’s Ad-Skipping Technology

It began initially with TIVO, and has since expanded to major cable and satellite providers such as DirecTV and Dish Network (Dish). Television viewers are now able to digitally record multiple programs with the press of a...more

Price Advertisements Matter: Ninth Circuit Finds False Sale Prices Give Plaintiffs UCL Standing

Following the California Supreme Court’s lead in Kwikset that “labels matter,” the Ninth Circuit Court of Appeals recently held that “price advertisements matter.” In Hinojos v. Kohl’s, the Ninth Circuit reversed the...more

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