Attorneys Barry Benjamin, Vita Zeltser, John Brigagliano, and Zain Haq discuss how anti-wiretap class actions against website operators surge, but how proper consent can reduce the risk....more
Website session replay technology continues to fuel class action litigation alleging violations of anti-wiretap laws in all-party consent states. In 2021, we issued an alert highlighting that session replay lawsuits were...more
(a/k/a You can’t know where you’re going unless you know where you’ve been) -
For proper business planning purposes, with the turn of the calendar, it’s a good idea to try to project where the world is going....more
Once a month, we cover an interesting topic around 60 seconds. This month, partner Barry Benjamin shared his thoughts on the National Advertising Division....more
Barry M. Benjamin, managing partner of Kilpatrick Townsend’s New York office and chair of the firm’s Advertising and Marketing group, was honored to co-present at a session from the 2022 ANA Masters of Advertising Law...more
Barry M. Benjamin, managing partner of Kilpatrick Townsend’s New York office and chair of the firm’s Advertising and Marketing group, was honored to co-present with Laura Brett, Vice President and New York Office leader at...more
Once a month, we cover an interesting topic in 60 seconds. This month, partners Farah Cook and Barry Benjamin shared their thoughts on some of the best advertising practices for avoiding ESG pitfalls....more
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to co-present with Jessica Hiney, Associate General Counsel with PVH Corp., and Farah...more
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to co-present with Laura Brett, Vice President and New York Office leader at BBB...more
The Federal Trade Commission’s crackdown on misleading and deceptive endorsement practices continues, this time with a set of proposed updates to the Endorsement Guides (the “Guides”). The FTC’s May 19th proposals come hot on...more
Regulatory scrutiny of advertising has ramped up significantly over the past year, and nowhere more so than with (1) environmental, social, and governance (ESG) issues, and (2) social media influencers and the Federal Trade...more
6/17/2022
/ Advertising ,
Best Practices ,
Better Business Bureau ,
Continuing Legal Education ,
Endorsements ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Events ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
NAD ,
Online Reviews ,
Social Media ,
Truth in Advertising
A federal court recently held that a customer could sue ALDI, a national food retailer, for false advertising based on an on-pack claim for a salmon product that read: “Simple. Sustainable. Seafood.” The use of “Sustainable”...more
A federal court recently held that a customer could sue ALDI, a national food retailer, for false advertising based on an on-pack claim for a salmon product that read: “Simple. Sustainable. Seafood.” The use of “Sustainable”...more
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the New York City Bar Association’s continuing legal education program,...more
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the New York City Bar Association’s continuing legal education program,...more
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the 2021 ANA/BAA Marketing Law Conference. The session, titled “Gaming,...more
The Federal Trade Commission is getting even more serious about fake reviews and misleading endorsements. While in recent years the FTC has brought a few enforcement proceedings that resulted in settlements, on October 13,...more
A hypothetical: you are in-house counsel, and one morning you click on your daily news only to see one of your company’s key contractual counterparties is trending, and not in a good way. The contractual counterparty has...more
If your marketing team has yet to come to you with questions about the legal issues involved with sponsoring college athletes, they probably will shortly. What was once a slow-drip evolution of state legislatures gradually...more
Better taste. More authentic smell. Covers up odor better. More comfortable fit. These kinds of human-sense-based advertising claims are potent advertising tools, but pose difficult challenges for advertisers to prove and...more
Over the past 20 years or so, if your marketing team has deployed or wanted to deploy text messaging to communicate with consumers, and you – as legal counsel – pushed back, you are probably familiar with the Telephone...more
“This call may be recorded for quality assurance or training purposes.” We have all heard the outgoing announcement while on hold. One benefit of this announcement is that this common courtesy is part of good customer...more
When dealing with influencers, advertisers must manage a wide range of legal issues, including limiting risks around any tattoos that may appear on an influencer’s body. A 2011 case involving the assertion of a copyright...more
A flurry of news has recently hit the loot box industry. Not only has the FTC finally issued its staff report summarizing the issues addressed at its August 2019 workshop, but a variety of class action lawsuits against gaming...more
The digital advertising industry has been under attack through the GDPR and the CCPA for years now. The usual, ineffectual counters to these attacks from industry proponents trying to demonstrate the value of digital...more