The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials
Podcast - Influenciadores y Publicidad
Podcast - The FTC Takes Action Against Old Southern Brass for False "Made in the USA" Claims
AD Nauseam: A Different Type of Imposter Syndrome
Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Podcast)
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2
Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 (Podcast)
Consumer Finance Monitor Podcast Episode: The Federal Trade Commission: Looking Back at 2023 and Looking Ahead to 2024 and Beyond
AD Nauseam: The Best Podcast (Fact or Puffery?)
Ad Law Tool Kit Show – Episode 9 – Copyright Counseling and Protection
The FTC Takes a Closer Look at Blurred Advertising to Children
Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements
Ad Law Tool Kit Show – Episode 7 – Payment Processing
AD Nauseam: AI – We Had to Discuss it Eventually – Part 2
Ad Law Tool Kit Show – Episode 5 – Surviving an FTC Investigation
AD Nauseam: AI – We Had to Discuss it Eventually
On March 5, 2019, the Superior Court of Québec authorized (i.e., certified) a class action against the operators of various hotel booking websites. The plaintiff alleged that the defendants violated various provisions of...more
We get asked all the time to lay out the pros and the cons of different ways a company can challenge a competitor’s false advertising. And no surprise -- we are big fans of the National Advertising Division (NAD) process,...more
At the National Advising Division (NAD), competitors will sometimes go for the brass ring, the big prize, the whole enchilada, and ask the NAD to recommend that an advertiser’s trademarked slogan or even the brand name be...more
Viral DRM is a content creator specializing in weather videos. Their content is attractive to many people who love to watch storm and weather videos. Recently, Viral DRM has been on a rampage filing lawsuits in California...more
New Legislation Related to Redistricting, Public Works, Advertising, Fire Safety and Planning and Zoning - In Part Two of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation...more
In June 2020, Minnesota Attorney General Keith Ellison sued ExxonMobil, three Koch entities, and the American Petroleum Institute — (energy companies and affiliates that produce or sell fossil fuels around the world and an...more
Junk fees and dark patterns are very much on the FTC’s mind these days, and they are very intertwined. To some degree, the concern over junk fees reflects a concern over a more traditional type of dark pattern – for example,...more
On May 9, 2023, the Maryland Supreme Court issued an order that revived the state’s digital advertising tax, which was previously found to be unconstitutional by a Maryland circuit court. The Supreme Court’s decision did not...more
Last fall, when a Maryland County Circuit Court held that the Maryland Digital Ad Tax violated the dormant commerce clause, the supremacy clause, the Internet Tax Freedom Act, and the First Amendment of the U.S. Constitution,...more
Draft law “On Activities of Foreign Companies in the Internet in the Territory of the Russian Federation,” introduced to the State Duma, a lower chamber of the Russian parliament, on May 21, 2021, aims to extend Russian...more
Over the past few months, federal courts throughout the country have stayed litigation challenging the labeling of products infused or made with cannabidiol, better known as CBD. These courts, acknowledging that labeling and...more
THE SUPREME COURT CONFIRMED THAT RUSSIAN USERS MAY FILE A LAWSUIT AGAINST AN AMERICAN SOCIAL NETWORK TO A RUSSIAN COURT - The Supreme Court of the Russian Federation reviewed a case initiated by a number of Internet users...more
The Colgate-Palmolive Company (Tom’s of Maine “Naturally Dry” Antiperspirant), NARB Panel Report No. 215 (Jan. 25, 2017) - A National Advertising Review Board (NARB) panel determined that the National Advertising...more
Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016) - ...more
Many of California’s roadways are littered with advertising. A question regarding oversight of roadside billboards, however, has long remained: Does the state have ultimate control or can municipalities weigh in on...more
"Flying Rabbi" Suit Crash Lands in NY Appellate Court - A New York man was unsuccessful in his lawsuit accusing Jimmy Kimmel of misappropriating his image during a skit on the late night TV show, Jimmy Kimmel Live! ...more
In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary...more
“Reverse Payment” Settlements Face Greater Antitrust Scrutiny Following U.S. Supreme Court Ruling in FTC v. Actavis: Federal Trade Commission v. Actavis, Inc. - Resolving a split among the U.S. Courts of Appeals, the...more