The Federal Trade Commission (FTC) has recently announced a final rule that, among other things, prohibits the fabrication and manipulation of consumer reviews, testimonials, and the misuse of social media indicators in...more
9/18/2024
/ Advertising ,
Compliance ,
Consumer Product Companies ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Marketing ,
Online Reviews ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
On July 1, 2024, California’s law banning hidden fees took effect. Under the Consumer Legal Remedies Act (CLRA), SB 478 provides that businesses transacting with California consumers may not apply additional fees or charges...more
7/19/2024
/ Advertising ,
Bars ,
CLRA ,
Consumer Protection Laws ,
Credit Cards ,
Disclosure Requirements ,
Exemptions ,
Fees ,
Goods or Services ,
Grocery Stores ,
Hidden Fees ,
New Guidance ,
New Legislation ,
Restaurant Industry
The Federal Trade Commission (FTC) has issued a cautionary note to companies that employ artificial intelligence (AI) chatbots, signaling heightened scrutiny over their use. Through a series of blog posts in the past year,...more
AI has been dramatically altering the creative landscape, offering new possibilities and challenges for content creators, media and gaming companies, and technology platforms....more
On February 15, 2024, the FTC published the Rule on Impersonation of Government and Businesses, permitting the FTC to file federal court cases directly against scammers to return the money made while impersonating government...more
Beginning July 1, 2024, businesses that transact with California consumers may not apply additional fees or charges at checkout that were not disclosed in the advertised price (sometimes called “drip pricing”). Drip pricing...more
Understanding the intricacies of advertising law is a crucial part of getting your venture into the public eye while maintaining legal and ethical standards.
Drawing insights from advertising best practices and recent...more
On October 30, 2023, the Biden administration issued a sweeping Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence (the “Executive Order”), which ambitiously directs the...more
11/9/2023
/ Artificial Intelligence ,
Biden Administration ,
Compliance ,
Cybersecurity ,
Executive Orders ,
Innovative Technology ,
Legislative Agendas ,
Machine Learning ,
NIST ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
Technology Sector
Over the past year, groups of plaintiffs filed multiple copyright infringement claims against companies behind generative artificial intelligence software. These lawsuits allege that training AI models involves mass-scale...more
1. Don’t exaggerate your AI product’s abilities. The FTC has recently warned businesses that false or deceptive claims about the capabilities of AI products can subject companies to liability, as it would for any deceptive...more
10/20/2023
/ Advertising ,
Artificial Intelligence ,
Best Practices ,
Disclosure ,
Disclosure Requirements ,
Ethics ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Risk Assessment ,
Risk Management ,
Transparency
The Federal Trade Commission (FTC) continues to issue guidance on the use of generative artificial intelligence (AI) and the potential regulatory scrutiny facing companies and creators using these new tools in the market....more
9/7/2023
/ Artificial Intelligence ,
Copyright ,
Digital Media ,
Federal Trade Commission (FTC) ,
FTC Act ,
Intellectual Property Protection ,
Online Platforms ,
Popular ,
Software ,
Software Developers ,
Technology Sector
On June 29, 2023, the Federal Trade Commission (FTC) announced the publication of long-awaited updates to its Endorsement Guides (Guides), which provide the agency’s official guidance to businesses and other advertisers on...more
7/26/2023
/ Advertising ,
Disclosure ,
Disclosure Requirements ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Guidance Update ,
Marketing ,
Misleading Statements ,
Online Reviews ,
Testimonial Statements
In an effort to “combat the online sale of stolen, counterfeit, and dangerous consumer products,” Congress passed the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM...more
In February 2023, the Federal Trade Commission (FTC) issued guidance to companies to keep their artificial intelligence (AI) claims in check and urged them not to exaggerate the capabilities of their AI products or...more
On February 16, 2023, the Federal Trade Commission (FTC) announced an enforcement action against The Bountiful Company (Bountiful) for a practice the FTC dubbed “review hijacking.” Bountiful, a vitamin and supplement company,...more
3/21/2023
/ Consent Order ,
Corporate Counsel ,
Endorsements ,
Enforcement Actions ,
Fake Reviews ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Online Reviews ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
As lawmakers race to catch up on AI technology, the FTC has issued guidance warning marketers not to make false or unsubstantiated claims about AI-powered products. As we see AI starting to emerge in many consumer...more
The Metaverse is the newest way in which brands are thinking about engaging with existing and new customers. Wendy’s, for example, launched “Wendyverse” in Meta’s Horizon Worlds where users can engage virtually with the...more
5/12/2022
/ Advertising ,
Consumer Litigation ,
Disclosure ,
False Advertising ,
Federal Trade Commission (FTC) ,
Heightened Scrutiny ,
Influencers ,
Metaverse ,
Regulatory Standards ,
Risk Factors ,
Social Media
Ever since the first Terminator movie was released, we have seen portrayals of robots taking over the world. Now we are at the beginning of a process by which technology—specifically, artificial intelligence—will enable the...more
In This Issue -
Artificial Intelligence: Deepfakes in the Entertainment Industry —
Advances in “deepfake” media techniques that use deep learning AI—from uncanny impersonation videos of Tom Cruise and other...more
2/1/2022
/ Artificial Intelligence ,
Copyright ,
Copyright Litigation ,
Digital Copies ,
Employees ,
Entertainment Industry ,
Ex Partes Reexamination ,
Expungement ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Prior Art ,
The Copyright Act ,
Trade Secrets ,
Trademark Litigation ,
Trademark Modernization Act (TMA) ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
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
10/22/2021
/ Advertising ,
Brand ,
Compliance ,
Disclosure ,
E-Commerce ,
Endorsements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Guidance Update ,
IP Litigation ,
Marketing ,
Notice of Violation ,
Testimonial Statements ,
Third-Party
The dominance of social media allows individuals, including athletes, musicians, artists, designers and other influencers to build their personal brand within the confines of a social media account and outside the umbrella of...more
In This Issue -
The Evolving Relationship Between Brands and Athletes: What Comes Next -
The dominance of social media allows individuals, including athletes and other influencers, to build their personal brand within the...more
12/1/2020
/ Advertising ,
Appeals ,
Brand ,
Celebrity Endorsements ,
Copyright Infringement ,
Doctrine of Prosecution Disclaimer ,
EU ,
Fair Pay to Play Act ,
Governor Newsom ,
Indefiniteness ,
Influencers ,
Information Disclosure Statement ,
Online Endorsements ,
Patent Invalidity ,
Patents ,
SCOTUS ,
Section 102 ,
Self-Identification ,
Social Media ,
Sports ,
The Copyright Act ,
Trade Secrets ,
Trademarks ,
Videoconference ,
Virtual Meetings ,
Zoom®
How virtual engagement is reimagining the entertainment and live event experience.
Social distancing and staying at home, the cornerstones of the effort to slow the spread of COVID-19, will continue to have a profound impact...more
Corporate venture capital—venture investing by large corporations and other institutions for both financial and strategic objectives—has grown significantly over the last decade and has become an integral part of the...more
In This Issue -
How COVID-19 is Changing IP Law – What You Need to Know
The rapid spread of COVID-19 brought about massive global events that led to a dizzying array of changes—including in intellectual property law,...more