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Venable LLP

Lead Generation: An Excerpt from the Advertising Law Tool Kit

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In the evolving world of lead generation and performance-based customer acquisition, the quest for profits can lead to big legal risks, some of them too large for advertisers that buy leads through third parties. Advertisers...more

Fenwick & West LLP

FTC Issues Notice of Penalty Offenses for Endorsement and Testimonial Marketing

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On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses to more than 700 businesses, including top consumer brands, retailers, e-commerce platforms and advertising agencies, regarding...more

Tonkon Torp LLP

SEC Publishes Revised Investment Adviser Marketing Rule, Effective May 4, 2021

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At long last, the SEC has finally published its Revised Investment Adviser Marketing Rule. effective as of May 4, 2021. Investment advisers will have 18 months following the effective date, or until November 4, 2022, to come...more

Lowenstein Sandler LLP

SEC Modernizes Investment Adviser And Solicitor Marketing Rules

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On December 22, 2020, the U.S. Securities and Exchange Commission (SEC) announced a modernized rule (the New Marketing Rule) governing (i) investment adviser advertisements and (ii) payments to solicitors. Under the...more

UB Greensfelder LLP

The SEC’s New Marketing Rule: Bringing Investment Adviser Advertising From The “Mad Men” Era To The Amazon Age

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“The SEC score(s) one for the digital age.” These are the words of SEC Commissioner Heist, though, not my own. After a nearly year-long comment period, the SEC announced last week that it was replacing its former advertising...more

Carlton Fields

Cow Manure Meets Insurance Law: Seventh Circuit Addresses Breach of Contract Exclusions in Malpractice Insurance

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Errors and omissions (E&O) and directors and officers (D&O) professional liability insurance policies commonly contain breach of contract endorsements that exclude coverage for claims “based upon or arising out of” a breach...more

Miller Canfield

Nike Voluntarily Dismisses Closely Watched Lawsuit Against Olympic Hopeful

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Nike has voluntarily dismissed a lawsuit it had filed against middle-distance runner and Olympic hopeful Boris Berian. At issue was whether Berian breached an endorsement agreement with Nike when—after the agreement’s...more

Stoel Rives LLP

Don't Neglect to Understand Insurance Jargon

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Unfortunately, insurance requirements in contracts are not easy to understand. The language used in insurance requirements is not always intuitive, but we all know that the consequences of not having the right insurance can...more

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