News & Analysis as of

ConAgra Brands; Taxpayer Loss in First Post-Gore Decision Signals More Challenges for Intercompany Transactions in Maryland

The Maryland Tax Court recently issued its decision in ConAgra Brands Inc. v. Comptroller of the Treasury, 09-IN-OO-0150 (Md. Tax Ct., Feb. 24, 2015). The case involved the Comptroller’s assertion of nexus over ConAgra...more

Defending Enforcement Under CASL: Establishing an Exemption is Applicable

In 2014, the anti-spam provisions of Canada’s Anti-Spam Legislation (CASL) came into force, creating a wide array of compliance requirements for businesses. CASL prohibits a person from sending or causing or permitting to be...more

Advertising Law - February 2015 #3

FCC Chair Announces New Net Neutrality Regs - The battle over net neutrality took a new turn when Federal Communications Commission Chairman Tom Wheeler announced his intention to reclassify broadband service as a...more

Defending Enforcement Under CASL: Establishing Consent

In 2014, the anti-spam provisions of Canada’s Anti-Spam Legislation (CASL) came into force, creating a wide array of compliance requirements for businesses. On October 7, 2014, the CRTC announced the conclusion of its first...more

Advertising Law - January 2015

SPECIAL FOCUS: Fifth Circuit Clarifies the Law on False Advertising Involving “Scientific Debates” - In 2013, the Second Circuit issued an important opinion in Ony, Inc. v. Cornerstone Therapeutics, Inc., a false...more

Alert: New California Privacy Law for Minors Has Taken Effect as of January 2015

California S.B. 568, titled "Privacy Rights for California Minors in the Digital World," (the "Privacy Law") took effect January 1, 2015. The new Privacy Law includes a provision known as the "Eraser Law" that gives...more

What Are the Rules of the Advergame in the UK?

Advergames are online video games that are created in order to promote a brand, product or organization by immersing a marketing message within the game. They are typically accessed via an organization’s website or app, or...more

FDA Regulatory and Compliance Monthly Recap – November 2014

In an unusual move, the FDA takes issue with the accuracy of Sciecure’s studies in a warning letter over sales promotion material for the company’s sleeping pill - In addition to criticizing the pharmaceutical company...more

NAD Finds Fault with Taste Test’s Survey Universe and Test Locations

In a recent decision involving taste tests and preference claims for sweetened breakfast cereals, the National Advertising Division (NAD) once again reminds advertisers that advertising claims must be substantiated by...more

Facebook Dislikes Fake Likes

Money may not be able to buy happiness, but it can buy phony Facebook “likes.” And those can go a long way toward making a small business owner’s dreams come true, right?...more

A “New World” of Fashion and Food

In a world of Instagram, Facebook and SMS text marketing, being fleet of foot in an ever-changing world of retail advertising and sales is the name of the game. As retailers and restaurateurs navigate the treacherous waters...more

But I didn’t send that fax: Eleventh Circuit expands the scope of liability to businesses under the TCPA for unsolicited faxes.

Marketing and advertising is a major component of most businesses. In fact, many businesses hire marketing companies or advertisers to help promote their businesses. Recently, the Eleventh Circuit Court of Appeals addressed...more

Report from an Energized Brand Activation Association Marketing Law Conference

Ifrah Law is a proud member the Brand Activation Association (“BAA”). This week, we attended the BAA’s 36th annual BAA Marketing Law Conference in Chicago. Just as “Mad Men” reflects the 1960’s era advertising business, this...more

It’s a Marathon, Not a Sprint

Unless you’ve been living under rock this past week, you’ve likely heard the story of new viral sensation “Alex from Target.“ Apparently, some teenage girl took a picture of him bagging items at Target, tweeted it, and...more

Advertising Law - November 2014

Lawmakers: Time to Discuss the Internet of Things: What are the privacy, security, and consumer protection implications of the burgeoning Internet of Things? A group of senators has called for a hearing to...more

CFPB Targets Marketing Service Agreements

On September 25, 2014, the Bureau of Consumer Financial Protection (“CFPB”) entered into a Consent Order with Lighthouse Title, Inc., a title insurance company located in Holland, Michigan (“Lighthouse”), in which the CFPB...more

Advertising Law - October 2014 #4

Red Bull’s $13M False Ad Deal Crashes Site - Red Bull may claim to give you wings, but a false advertising settlement with the company apparently couldn’t stop its servers from crashing....more

NARB Panel Cautions Use of Online Consumer Reviews to Substantiate Claims

A recent ruling by the National Advertising Review Board (NARB) cautions companies about using online customer reviews to support "most recommended" claims, reminding advertisers that are eager to leverage customer feedback...more

HOW To Support a Lawsuit in 140 Characters or Less

It’s not too often that we see a trademark dispute that affects the marketing and advertising community directly (rather than just their clients), but the facts on this one read like answers to the Five W’s...more

Plaintiffs Target Outlet and Factory Stores In Putative Class Actions

Plaintiffs recently filed several putative class actions in New York and California against prominent retailers including Michael Kors, Neiman Marcus, The Gap, Saks Fifth Avenue, Levi Strauss, Nordstrom and Ralph Lauren. They...more

The Absolute Best “Super Lawyer” Ad Design

A few years ago, Balch & Bingham had many of its attorneys selected for a particular “Best Lawyers”-type local publication, and the firm had bought an ad to support them. But the firm’s terrific Marketing Director Nora...more

FCC Letter Brief Suggests That Faxes and Phone Calls are Different for Purposes of Direct Liability Under the TCPA

At the invitation of the Eleventh Circuit Court of Appeals, the FCC recently filed a letter brief in Palm Beach Golf Center-Boca, Inc. v. Sarris, No. 13-14013 (11th Cir.). The letter brief took the position that defendants...more

Ninth Circuit Holds State AG Credit Card Add-On Suits Belong In State Court

On August 1, the U.S. Court of Appeals for the Ninth Circuit held that neither the federal question statute nor the Class Action Fairness Act provide a federal district court with subject matter jurisdiction over the Hawaii...more

The Empire State Strikes Back: New York Proposes Rules for Virtual Currency

The New York State Department of Financial Services (the “Department”) recently published its proposed rules and regulations (the “Proposed Rules”) for vendors conducting business involving virtual currency. The Proposed...more

Trending Information: The Connection Between Data Brokers and the Fashion Industry

Consumers frequently reveal personal information about themselves through a variety of daily online and offline activities. For fashion designers and retailers, this consumer information represents a valuable tool to...more

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