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Communications & Media Antitrust & Trade Regulation

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Ad Groups Ask FTC To Focus On Concrete Injuries, Not Subjective Emotional Distress

by King & Spalding on

Several advertising groups recently filed comments with the Federal Trade Commission (“FTC”) urging the organization to pursue enforcement actions only against security and privacy practices that cause “concrete injuries” to...more

10 Marketing Law Takeaways From ANA/BAA 2017

We just got back from the Association of National Advertising (ANA) and Brand Activation Association (BAA) Marketing Law Conference in Chicago, held earlier this week. With hundreds in attendance, and dozens of speakers...more

FTC’s New COPPA Guidance on Recording Children’s Voices: Five Tips for App Developers and Toymakers to Comply

by Fenwick & West LLP on

The Federal Trade Commission on October 23, 2017, provided guidance on how it will enforce the Children’s Online Privacy Protection Act (COPPA) with respect to audio recordings of children. This comes as part of a wave of...more

Voice-Activated Devices May Collect Audio from Children

by Morgan Lewis on

A new FTC policy eliminates the requirement to obtain parental consent to collect a recording of a child’s voice in certain circumstances....more

FTC Speaks Out on Children’s Voice Recordings

In a new Enforcement Policy Statement, the Federal Trade Commission (FTC) decreased the burden for operators with regard to the collection of certain audio voice recordings of children under the age of 13....more

Florida Federal Court Affirms FTC’s Available Remedies

Disgorgement and refunds are remedies available to the Federal Trade Commission, a Florida federal court ruled in a case involving a purported time-share scam....more

AD-ttorneys@law

by BakerHostetler on

Internet technology has slowly grown to rival and in some cases supplant traditional broadcast news sources. In the wake of this sea change, long-established certitudes about the role played by media providers are being...more

Navigating Disruptive Climates Hosted by Washington Hospitality Association

by Garvey Schubert Barer on

Navigating Disruptive Climates, hosted by Washington Hospitality Association, was held on October 22-24, 2017 at the Tulalip Resort Casino in Tulalip, Washington. My presentation at the conference, "The War Rages: Hotels vs....more

Celebrity ICO Endorsements: SEC, FTC, and CFTC Oversight

by Reed Smith on

Floyd Mayweather, a world famous boxing champion, recently used his Twitter and Instagram accounts to help a company raise more than $30 million in an initial coin offering (“ICO”). Other celebrities have similarly...more

Instagram Expands its Influencer Tool, but is it Enough?

by Kelley Drye & Warren LLP on

In June, we posted that Instagram users would start seeing a new “Paid partnership with” tag on certain posts. The company explained that this was part of a tool designed to “help creators more clearly communicate to their...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

AT&T’s chief is weighing in the DOJ’s call to sell CNN in order to make its deal with Time Warner go through, and, as Randall sees it, “selling CNN makes no sense”....more

ACCC Releases Media Merger Guidelines

by Jones Day on

The Situation: The Australian Competition and Consumer Commission ("ACCC") has released new guidelines on mergers in the media industry. Looking Ahead: The new guidelines provide some—but not sufficient—clarification on...more

EU General Court orders fresh review of Liberty Global/Ziggo merger

by Dechert LLP on

The EU lower court has overturned a 2014 merger clearance by the European Commission (EC) following an appeal by a third party. Overturning the clearance does not mean that the deal is now prohibited. Instead, the case...more

Behavioral Advertising: What Companies Need to Know About Evolving Advertising Technologies

by McGuireWoods LLP on

Rapidly changing and complex technology, the rise of “Big Data” and an increasing focus on digital advertising has made advertising legal compliance an increasingly complex area for companies. In-house attorneys and their...more

Dutch Court Affirms Ban on Nonauthorized Online Resellers

by Jones Day on

The Ruling: On October 4, 2017, the Amsterdam District Court upheld Nike's ban on authorized distributors selling Nike products on the online platforms of unauthorized resellers. The Result: Under this Dutch ruling, a...more

6th Circuit Allows Amended Complaint Against Developer for Telecommunications Services Tying Claim

by Mintz Levin on

Residents of a small Nashville suburb, Thompson’s Station, were given a second opportunity to litigate their antitrust actions against local developer Carbine & Associates, LLC (“Carbine”), Crystal Clear Communications...more

What blockchain can learn from the net neutrality debate: antitrust and regulatory aspects of “paid prioritization” for a nascent...

by Hogan Lovells on

First come, first served. That’s not the principle behind the clearance of Bitcoin transactions. Equally for other blockchain technology networks, the relevant factor to get a transaction on the next available block is not...more

House Antitrust Subcommittee Explores the Role of Antitrust Law in Net Neutrality

by Kelley Drye & Warren LLP on

On November 1, 2017 the House Antitrust Law Subcommittee held a hearing to discuss the role of federal agencies in preserving an open Internet. The core question discussed at the hearing was whether current antitrust law...more

AD-ttorneys@law

by BakerHostetler on

Plaintiffs’ lawyers in a class action against Neutrogena were fighting hard in the Central District of California in October 2017. The plaintiffs were trying to win class certification for a group of consumers who allegedly...more

OTA & Travel Distribution Update - Oct. 27th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending October 27, 2017 is below. This week's Update includes a number of substantive stories on OTAs, particularly, European authorities’ renewed interest in OTAs’...more

EU Retail News - October 2017

by Bryan Cave on

One of the biggest threats to a retailer's reputation is an allegation of involvement in slavery, human trafficking, or child labour. Retailers are now expected to be more transparent than ever, with the Modern Slavery Act...more

State AGs and FTC Combine Forces for Consumer Protection

by Foley & Lardner LLP on

A dozen bipartisan State Attorneys General and the Federal Trade Commission (FTC) recently instigated a medieval siege dubbed “Operation Game of Loans” against alleged student loan relief scams. This coordinated nationwide...more

FTC Provides Additional Guidance on COPPA Policy for Voice Recordings

The Federal Trade Commission (FTC) clarified in recent guidance how the Children’s Online Privacy Protection Act (COPPA) applies to internet-connected device companies and other businesses that collect and use children’s...more

Brands Beware: FTC Continues Campaign on Social Media Influencer Disclosures

With much fanfare, the Federal Trade Commission (FTC) continues to take actions relating to so-called “social media influencers” who allegedly fail to disclose material connections to the products or brands they endorse....more

FTC: Even implied messages need explicit disclosures

by Thompson Coburn LLP on

On the Internet, it’s not just what you say, but also what you imply. Social media comments, video and image posts, and even tags and “likes,” can carry implied messages, which may create legal liability....more

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