News & Analysis as of

Commercial Speech Preemption

Pierce Atwood LLP

Maine’s New Internet Privacy Law: What You Need to Know

Pierce Atwood LLP on

Last week, Maine enacted an internet privacy law requiring broadband internet service providers (ISPs) to obtain a customer’s express, affirmative consent before using their personal information, including browsing history....more

Bilzin Sumberg

Mislabeling Claims Against Poland Spring Water Survive Dismissal

Bilzin Sumberg on

Water: two parts hydrogen, one part oxygen. It seems simple enough, but for companies selling bottled water, liability lurks below the surface. According to a recent lawsuit, consumers care not only about what is in their...more

Perkins Coie

Ordinance Prohibiting Short-Term Rentals Did Not Conflict with Federal Policies Promoting Development of the Internet

Perkins Coie on

The Ninth Circuit held that a local ordinance prohibiting short-term vacation rentals (such as those available on Airbnb and other websites) did not conflict with Congressional policies fostering development of the Internet...more

Best Best & Krieger LLP

Ninth Circuit Panel Rejects Challenges to a California City’s Misleading Commercial Speech Ordinance - Local Governments’...

Recently, the U.S. Ninth Circuit Court of Appeals affirmed local governments’ authority to adopt regulations that prevent the use of false or misleading statements in the solicitation or provision of services....more

Manatt, Phelps & Phillips, LLP

Agreement Reached on Bipartisan Federal GMO Food Labeling Bill

Provides Practical, Mandatory Disclosure and Preempts State GMO Labeling Laws - Senate Agriculture Committee leaders reached agreement June 23, 2016, on a bill that would require food containing genetic material modified...more

Jackson Walker

‘The Autumn Wind’ and the Right of Publicity

Jackson Walker on

As a child of the 60’s and 70’s and an insatiable NFL football fan, I can still hear the swaggering voice of narrator John Facenda in the now-iconic 1974 NFL Films production “The Autumn Wind,” which has been dubbed The...more

Kelley Drye & Warren LLP

Eighth Circuit Tells Former NFL Players: Your Right Of Publicity Claims Are Preempted By The Copyright Act

The Eighth Circuit recently rejected three former NFL players’ appeal of a district court’s dismissal of their right of publicity claims, among other claims. John Frederick Dryer, Elvin Lamont Bethea, and Edward Alvin White...more

Tucker Arensberg, P.C.

8th Circuit Finds Copyright Act Preempts State Right Of Publicity Of Professional Athletes

In a recent case, Dryer v. Nat’l Football League, No. 14-3428, 2016 WL 761178 (8th Cir. Feb. 26, 2016), former National Football League (“NFL”) players (the “Players”) sued the NFL over the use of their name, image, voice,...more

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