With the turn of the calendar, the beginning of the new year, and the collective making of resolutions, it is also a good idea to understand the biggest legal risks that companies may confront in the near- and long-term....more
1/17/2020
/ Advertising ,
Americans with Disabilities Act (ADA) ,
Automatic Renewals ,
Data Collection ,
Data Privacy ,
Design Patent ,
Federal Trade Commission (FTC) ,
Franchises ,
Independent Contractors ,
Public Accommodation ,
State Data Breach Notification Statutes ,
TCPA ,
Website Accessibility
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 41st annual 2019 ANA/BAA Marketing Law Conference. The session,...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 41st annual 2019 ANA/BAA Marketing Law Conference. The session,...more
Brands will attempt to advertise and get their message through wherever people are watching, and people watch the Olympic Games in large numbers. Thus, just as official paid sponsorships of the Games is quite costly, other...more
What is a world-wide, massively popular pop music star and actor supposed to do when a company negotiates with her to secure her image in an endorsement deal, declines to pay her asking price, but then goes ahead, without...more
Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at a recent Practicing Law Institute Bridge the Gap program discussing legal issues...more
Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to moderate a panel discussion at the 2019 New York State Bar Association’s Annual Meeting, for...more
While companies may run promotional giveaways all the time, the legal issues involved can trip up even the most careful legal practitioner. When handled properly, promotions can generate tremendous consumer interest, traffic,...more
While individuals can interact with celebrities, brands, and anyone else on social media with impunity and little legal risk, companies may not. Companies and the brands they manage occupy a different space because companies...more
12/12/2018
/ Facebook ,
First Amendment ,
Influencers ,
Instagram ,
Intellectual Property Protection ,
Online Platforms ,
Popular ,
Risk Mitigation ,
Social Media ,
Social Media Policy ,
Twitter
Selling. It’s the lifeblood of capitalism and is ultimately a company’s primary goal. To sell, a company must distinguish itself in the marketplace, and the way to do that is often by making claims. However, the law requires...more
Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, presented at the 2018 ANA/BAA 40th Marketing Law Conference, held earlier this month in Chicago. As one of...more
At some point in any lawyer’s career, it is likely that a client will come to them demanding action about a competitor’s false advertising. Whether the competitor is lying in an explicit comparison with your client’s product...more
Kilpatrick Townsend’s Retail & Consumer Goods Team presented a webinar In the Trenches with Social Media, focusing on risk mitigation and solutions. Led by Barry M. Benjamin, partner in the firm’s New York office and chair of...more
As 2016 has come to a close, now is a good time to take stock of new disclosure obligations for website privacy policies introduced over the course of the year. It is likely that if your company’s privacy policy has not been...more
Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present to the 2016 INTA (International Trademark Association) Leadership Meeting. Mr....more
In October, the Digital Advertising Alliance announced that it will commence enforcement of its guidance on cross-device tracking on February 1, 2017. Although the DAA published the guidance in November of 2015, it has...more
Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the 2016 ANA/BAA 38th Marketing Law Conference, held November 9-11, 2016 in...more
Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present to the American Conference Institute’s 5th Annual Summit on Digital Advertising...more
The Americans with Disabilities Act was passed years before the Internet was widely available to the general public. Even after websites became ubiquitous, it would have been a stretch to argue that the ADA legally compels...more
The issue of consent is a critical issue in cases alleging violations of the Telephone Consumer Protection Act (“TCPA”).
The TCPA prohibits making any call using any “automatic telephone dialing system” to “any...more