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Manatt on Health Reform: Weekly Highlights - March 2017 #3

House Republicans append a Manager's Amendment to the AHCA; HHS tells states they will have increased flexibility on Medicaid; and Florida previews its 1115 waiver amendment requests....more

OTA & Travel Distribution Update - March 10th, 2017

The Battle of Reports Continues [Short-Term Rentals]. By now, most everyone is likely aware of the AHLA funded study recently conducted by CBRE’s hotel division of Airbnb and its whole-unit / multi-unit hosts. The resulting...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

Implications of EU Ingredient Labeling Proposal for US Suppliers

On March 13, the European Commission approved a report that calls on members of the alcohol beverage industry to develop a comprehensive self-regulatory system of ingredient and nutritional labeling for beer, wine, and...more

For Media Transparency, The Stars Are Starting to Align in the United Kingdom

UK-based media agency, the7stars, recently announced it would adopt the Incorporated Society of British Advertisers’ (ISBA) template agency agreement—an arrangement designed to foster a transparent relationship between...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

French Legal and Regulatory Update - February 2017

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for February 2017. Commercial Law...more

California's Automatic Renewal Law: three recent decisions, and what they mean for businesses

Yet another trial court has decided the question of whether California's Automatic Renewal Law (ARL) provides a private right of action.  The answer is a resounding no.  So where does this leave the state of lawsuits for...more

Advertising Law - March 2017 #2

Privacy Policy, Notifications Mandatory Under Updated Google Rules - On March 1, Google updated its Play Store policies with a host of changes that took effect on March 15, including a requirement that app developers...more

$7.5 Million Reason to Call a Telemarketing Lawyer

On March 13, 2017, the Federal Trade Commission (the “FTC” or “Commission”) announced that a slew of Arizona State companies and their owners have agreed to pay $25 million to settle a lawsuit filed in connection with the...more

Influencer Marketing: Best Practices for Advertisers & Agencies

Influencer marketing saw explosive growth in 2016, with 86% of marketers having used the tactic, 94% of whom found it effective. In 2016, most marketers spent between $25,000 to $50,000 per influencer marketing program, which...more

Pass the…Creative Work

I laughed when I saw yesterday’s Adweek article about Heinz adopting Don Draper’s “Pass the Heinz” pitch from the hit show “Mad Men.” Given the lackluster creativity observed from the Super Bowl ads, have we actually reached...more

Global Privacy & Cybersecurity Update Vol. 13

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

Fore Warned: Fifth Circuit Sticks to its Guns

A prior prior Ask the Receiver® discussed the Fifth Circuit case Janvey v. The Golf Channel, Inc., 780 F. 3d 641 (5th Cir. 2015) (“Golf Channel I”). There the court found The Golf Channel liable to return $6,000,000 paid to...more

Online Behavioral Advertising: A How-To Guide

Behavioral advertising refers to the use of information to predict the types of products or services of greatest interest to a particular consumer. Online behavioral advertising takes two forms. ...more

NAD Director Andrea Levine Retiring After 20 years

ASRC President & CEO Lee Peeler has announced the retirement of Andrea C. Levine, Director of the National Advertising Division (NAD). During her 20-year tenure, the NAD published more than 2,600 case decisions and built what...more

Brexit: What's on the Menu for UK's Food Operators?

With so much focus on sectors such as financial services, it is easy to forget that the impact of Brexit on the UK's food industry could also be significant. From trading and supply chain implications, potential issues in...more

[Webinar] Keeping Up with the Consumer Product Safety Commission: Update on Recent CPSC Developments - March 29th, 12:00pm EST

With the complexity of today’s product safety regulatory environment and the civil penalty amounts for failure to report safety hazards, it is more important than ever for manufacturers and retailers to identify and resolve...more

Dietary Supplement Advertising

STATE REGULATION - State AGs and the New Administration - By John Villafranco and Katie Bond - As we discussed in recent interviews with Nutritional Outlook and Natural Products Insider, FTC enforcement against...more

More Regulators Focus on Price Comparisons

Yesterday, the Virginia Attorney General announced that it reached a settlement with Hobby Lobby over the retailer’s price comparisons. According to the press release, Hobby Lobby advertised discounts compared to “other...more

Sale Price Advertising and Fictitious MSRP Litigation

Section 5 of the Federal Trade Commission Act prohibits retailers from engaging in “unfair or deceptive acts or practices.” Courts consider an advertisement, whether in-store, or on-line, to be deceptive where a retailer: (1)...more

Influencer Marketing: The FTC's Evolving Policies on Paid Promotion Disclosure

Rapid Growth of Influencer Marketing - With more consumers cutting the cord to their TVs and paying for premium subscriptions or ad blockers to avoid advertising, social media has become an important medium through which...more

Sky Signs, Colossal Murals and Billboards, Oh My

Two recent New York cases brought to mind the well-known poem about trees. No, not the one written by Joyce Kilmer. The other one, written by Ogden Nash. Who can ever forget those immortal words. “I think that I shall never...more

Medical Supply Company Hires TCPA Attorney to Handle Class Action Suit

On Monday, March 1, 2017, a class action lawsuit was filed in the United States District Court for the Northern District of Illinois, alleging that a Brooklyn-based wholesale medical supply company violated the Telephone...more

Popularity of Vapes Draws Attention of Big Tobacco

Industry Uses Old Strategies on New Products - Electronic cigarettes have boomed into a $5-billion-a-year business expected to expand by nearly 25 percent in 2018. Not surprisingly, Big Tobacco is clamoring to corner the...more

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Cybersecurity

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