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MarkIt to MarketTM - August 2016

The August 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter explores the guidelines surrounding claims of "Made in the USA" and the use of scents to build strong brand identities. Please see full newsletter...more

Digital Single Market Update: The European Commission’s Proposal to Revise the Audiovisual Media Services Directive

The European Commission has proposed legislation in the EU to provide a uniform legal and competition framework for video-streaming services provided via the Internet. The regime includes changes to advertising, the...more

Advertising Law - April 2016

Yahoo's Deal on E-Mail Scanning: More Warnings, No Cash - A California federal court judge granted preliminary approval of a settlement agreement in a lawsuit accusing Yahoo of reading e-mail messages for ad-targeting...more

Wyndham v. Deflategate: Where Are the Goal Posts?

As a privacy litigator, I could not help but observe an apparent contradiction in the way the Third Circuit allowed the FTC to pursue Wyndham Hotels for cybersecurity breaches under the FTC Act, but Judge Berman (SDNY)...more

Online entertainment network Machinima settles with FTC

California based Machinima, an online entertainment network that promoted Xbox One, has settled an investigation with the FTC surrounding its advertising practices. The FTC alleged that Machinima paid “influencers” to post...more

FDA Recalls Kim Kardashian’s Post

Last month, Kim Kardashian praised Diclegis, a drug for morning sickness, on her social media accounts. Since Kim doesn’t follow us on social media, we don’t always keep tabs on her. But when her posts raise regulatory...more

EU Investigating Geo-Blocking of Online Video Games

On May 6, 2015, the European Competition Commission released a new Digital Single Market Plan, and simultaneously launched a broad antitrust investigation into e-commerce. The DSM plan, consisting of sixteen proposals, seeks...more

Apple’s Streaming Music Service Under Investigation

It has been a busy several months for antitrust regulators and the tech giants whose alleged conduct has recently drawn their ire. Just a few weeks ago, Google formally became the subject of a European investigation into its...more

Antitrust Class Actions Against Employers: A Silicon Valley Special?

One substitute for non-competes with employees is a no-hire agreement with competing employers. As the continuing litigation toll in the Silicon Valley illustrates, that option is illusory...more

Hold Your Cards Close: Data Protection and the Gaming Industry

Increased cybercrimes and data security threats have recently made headline news with reports of massive data security breaches at major U.S. companies, including Target and more recently, The Home Depot. Risks of data...more

DOJ Revisits Music Royalty Consent Decrees

From cassette tapes to CDs to Pandora and Spotify, innovations in the music field over the past two decades have drastically changed how people access music. Songwriters, however, are paid according to a system that has been...more

Advertising Law - Feb 21, 2014

In a First, Dreft Sponsors—And Tweets About—Jonas Baby - In what appears to be the first endorsement for a celebrity baby birth, Dreft laundry detergent announced the arrival of the first born child of Kevin Jonas, the...more

Sports Litigation Alert, Volume 10, Issue 18, October 4, 2013 - Cloning Decision Could Lead to Copycat Litigation in the World of...

Owners of elite American Quarter Horses may soon be ponying up to create clones of their champions. On July 31, 2013 a North Texas District Court jury decided that the American Quarter Horse Association’s (“AQHA”) rule...more

Churchill Downs Inc. (CDI) v. Texas Racing Commission (TRC)

USDC Order Dismissing Dormant Commerce Clause ChallengeTexas

The USDC for Western District of Texas (Austin Division) found that the Texas "in-person" gaming requirement with respect to advanced deposit wagering does not discriminate against or unduly burden interstate commerce. The...more

Cardroom International LLC v. Mark Scheinberg, et. al. (Ferguson, Chris)

Court Order Overruling Objections to Proposed Order (re Dismissal)California

Court Order Overruling Objections to Proposed Order (re Dismissal) -- minutes entered by Los Angeles Superior County Clerk on 07/12/2013. ...more

Cardroom International LLC v. Mark Scheinberg, et. al. (Ferguson, Chris)

Order Sustaining Demurrers To Plaintiff's Second Amended Complaint W/O Leave to Amend and Dismissing Action in its Entirety California

Order Sustaining Demurrers To Plaintiff's Second Amended Complaint W/O Leave to Amend and Dismissing Action in its Entirety -- entered by Honorable Elizabeth A. White, Judge of the Los Angeles Superior Court on July 12, 2013....more

Cardroom International LLC v. Mark Scheinberg, et. al. (Ferguson, Chris)

Tentative Ruling Dismissing Case in its Entirety (LASC Judge White) California

Tentative Ruling Dismissing Case in its Entirety (LASC Judge White); issued as final court ruling and findings in law and motion hearings held on June 7, 2013, at 1:30 p.m. before Hon. Elizabeth White, Judge of the Los...more

Advertising Law -- May 03, 2013

Manatt and ERA to Lead Teleseminar on Compliance with FTC’s New Dot Com Disclosure Guides - The Federal Trade Commission’s long-awaited changes to its “Dot Com Disclosures” set forth a number of new directives,...more

Advertising Law -- Mar 21, 2013

In This Issue: Manatt Advertising Litigation Team Twice Defeats Efforts to Enjoin TurboTax Television Commercials; Sen. Rockefeller Tries Again with Do Not Track; NAD: Price Match Offer by Toys “R” Us Needs a Change;...more

Warning to Good Wife Fans: Fake Product Reviews Are Less Legal Than They Appear

Hello, Law Law Land readers! I took a blogging hiatus during the latter part of my pregnancy and early months of new parenthood, but I’m back. While certain things in my life have changed, at least one thing remains the...more

Cardroom International LLC v. Mark Scheinberg, et. al. (Ferguson, Chris)

LASC COURT RULING: In Favor of Demurring Defendant Ferguson et. al. moving defendants.California

Defendant Chris Ferguson's Demurrer to all 3 of Plaintiff Cardroom's purported causes of action sustained by Los Angeles Superior Court Judge Elizabeth White: --- Ferguson had argued in his demurrer that Plaintiff’s...more

United States Trade Representative (USTR) Announces Results of Special 301 Review of Notorious Markets in December 2012...

USTR Announces Results of Special 301 Review of Notorious Markets and Identifies Marketplaces that Facilitate Global Piracy and Counterfeiting (released 12/13/2012): --- "Washington, D.C. – United States Trade...more

Manwin Licensing International S.A.R.L., et al. v. ICM Registry, LLC, et al.

Counterclaims of ICM Registry, LLC, d/b/a .XXX (Demand for Jury Trial)California

Counterclaims of ICM Registry, LLC, d/b/a .XXX v. Manwin Licensing International S.A.R.L., et al. filed by Cross-Complainant in case number CV 11-9514 PSG (JCGx) of the USDC for the CD of CA on September 28, 2012. ...more

Cardoom International LLC v. Mark Scheinberg, et. al. (Ferguson, Chris)

NOTICE OF DEMURRER AND DEMURRER OF DEFENDANT CHRIS FERGUSON, TO PLAINTIFF’S FIRST AMENDED COMPLAINTCalifornia

Plaintiff’s lawsuit is nothing more than a frivolous and baseless attempt to capitalize on an indictment and civil forfeiture action that is wholly unrelated to the claims alleged. Plaintiff, Cardroom International LLC...more

Manwin Licensing International S.A.R.L., et al. v. ICM Registry, LLC, et al.

Court Order GRANTING in Part and DENYING in Part the Motions to DismissCalifornia

Proceedings: (In Chambers) Order GRANTING in Part and DENYING in Part the Motions to Dismiss - The Honorable Philip S. Gutierrez, United States District Judge. ----- Since this Court's Order was issued back in August of...more

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