Davis & Gilbert LLP

United States

Advertising, Marketing & Promotions Alert: European Commission Proposes Comprehensive Reform Of EU Data Protection Rules

It has been approximately 17 years since the European Commission enacted its Data Privacy Directive governing the processing of personal data of EU residents. Obviously much has changed since that time, including the explosion…more
| Communications & Media Law, Consumer Protection, Privacy

Benefits & Compensation Alert: IRS Updates Guidance For W-2 Reporting Of Employer-Sponsored Health Coverage

As we previously reported, the new Patient Protection and Affordable Care Act (PPACA) requires employers to report the cost of employer-sponsored health coverage on an employee’s W-2 generally beginning with W-2s issued in…more
| Health, Labor & Employment Law

Advertising, Marketing & Promotions Alert: FDA Issues Draft Guidance on Responding to Unsolicited Requests for Off-Label Information

On December 27, 2011, the Food and Drug Administration (FDA) released its draft “Guidance for Industry on Responding to Unsolicited Requests for Off-Label Information About Prescription Drugs and Medical Devices,” the first of…more
| Communications & Media Law, Health

Labor & Employment Alert: California DLSE Releases Form WTPA Notice And FAQs

The California Division of Labor Standards Enforcement (DLSE) has published a sample wage notice relating to the new California Wage Theft Prevention Act (WTPA), which went into effect on January 1, 2012. …more
| Communications & Media Law, Labor & Employment Law

Advertising, Marketing & Promotions Alert: FTC To Issue Mandatory Information Requests To Alcoholic Beverage Companies

Last year the Federal Trade Commission (FTC) announced that it intended to begin a study of the self-regulatory efforts of the alcoholic beverage industry and sought public comments on its proposed collection of data from these…more
| Communications & Media Law

Advertising, Marketing & Promotions Alert: Circuit Court Upholds Challenges To New Jersey Gift Card Law

In a ruling that provides at least some relief to issuers of stored value cards, a federal court of appeals has affirmed a district court decision preliminarily enjoining the retroactive application of a broad New Jersey law…more
| Communications & Media Law, Constitutional Law

Advertising, Marketing & Promotions Alert: NAD Considers 'Like-Gated' Campaign For The First Time

Many companies rely on social media to promote their brands and products. Toward that end, these companies often use a variety of offers, including rebates and coupons, to solicit Facebook “likes.” …more
| Communications & Media Law, Consumer Protection

Advertising, Marketing & Promotions Alert: Models Must Be Paid On Last Day Of Photo Shoot Under California Labor Law

The California Labor Code provides that, with limited exception, when an employer “discharges” an employee who provided services in California, the wages earned and unpaid at the time of the discharge are due and payable…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Labor & Employment Law

Advertising, Marketing & Promotions Alert: Facebook-FTC Settlement Resolves Multiple Privacy Complaints With The Dominant Social Network

Facebook’s settlement of Federal Trade Commission (FTC) allegations that it misrepresented its privacy practices to consumers resolves numerous complaints over Facebook’s privacy practices and may be viewed as a model for how…more
| Communications & Media Law, Consumer Protection, Privacy

Labor and Employment Alert: California Wage Theft Prevention Act

California has recently enacted a law called the Wage Theft Prevention Act (WTPA), which goes into effect on January 1, 2012. …more
| Labor & Employment Law

Advertising, Marketing & Promotions Alert: FTC Endorses New Privacy System for the United States and Asia Pacific Region Regarding Cross-Border Data Transfers

Cross-border data transfers have become increasingly complex over the years as different countries and regions enforce privacy laws and practices that vary from those in the United States. …more
| Communications & Media Law, Consumer Protection, Privacy

Advertising, Marketing & Promotions Alert: California Suit Highlights Risks of Environmental Marketing

In 2008, California amended its environmental marketing law to prohibit the sale of food or beverage containers within the state that are labeled with the terms “biodegradable,” “degradable,” or “decomposable.” Now, California…more
| Communications & Media Law, Environmental Law

Advertising, Marketing & Promotions Alert: Stop Online Piracy Act - The Details

House Judiciary Committee Chairman Lamar Smith (R-Tex.), Ranking Member John Conyers (D-Mich.), IP Subcommittee Chairman Bob Goodlatte (R-Va.), and former Subcommittee Chairman Howard Berman (D-Calif.), together with a number of…more
| Communications & Media Law, Privacy

Advertising, Marketing & Promotions Alert: Cause Marketing Targeted By New York Attorney General

This past June, New York State Attorney General Eric Schneiderman went to court to shut down the “Coalition Against Breast Cancer,” which he characterized as a “sham charity that fraudulently raised millions of dollars under the…more
| Communications & Media Law, Consumer Protection, Nonprofit Law

Advertising, Marketing & Promotions Alert: FTC Proposes Amendments To "Mail Order Rule" To Keep Up With Technology

For many years, the Federal Trade Commission (FTC) has required that sellers who solicit buyers to order merchandise through mail or telephone have a reasonable basis to expect that they can ship ordered merchandise within the…more
| Communications & Media Law, Science, Computers, & Technology
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