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Release of Liability Contained in Event Entry Form Held to Apply To a Subsequently Added Event Sponsor

by Williams Venker & Sanders on

On any given week, most of us are asked to sign at least one or two releases of liability for various sporting and recreational events. The Missouri Court of Appeals for the Eastern District recently held those releases may...more

Strategies and Defenses for Retailers Named in Consumer Class Actions

Are retailers at risk in private surgeon general class actions? Often, their only conduct is putting a product on the shelf. They haven’t designed the product, much less had any input on the product labels or advertising. ...more

Weekly Law Resume - August 30, 2012: Insurance Coverage – Trade Libel v Disparagement

by Low, Ball & Lynch on

Travelers Property Casualty Company of America v. Charlotte Russe Holding, Inc., et al. Court of Appeal, Second District (July 13, 2012) Personal injury coverage under most CGL policies provides coverage for claims...more

E-mail Campaign Complaining About Retailer Results in Damages for Defamation

by Dentons on

Social media is great “word of mouth” advertising when things go right. It can also be a nightmare in damage control when things go wrong. Sometimes the unsatisfied customer just lets it rip fairly or unfairly. In a...more

Dismissal of Actimmune Proposed Class Action Affirmed

by Dechert LLP on

The Ninth Circuit late last month upheld the dismissal of a proposed class action concerning alleged off-label marketing of the drug Actimmune. In re: Actimmune Marketing Litigation, Nos. 10-17237 and 10-17239 (9th Cir....more

Federal Lawsuit Alleges Infringement of Minors' New York Right of Publicity by Facebook "Like" and "Friend Finder" Features

In what may represent a new wave in an interesting challenge to the viral nature of social media marketing, a recently filed putative class action asserts a right of publicity claim against Facebook in connection with the...more

Libel Suit Dismissed Against Online Booksellers for Book Descriptions

A federal district court has ruled that Barnes & Noble, Amazon and Books-A-Million cannot be held liable for allegedly defamatory statements published on their websites in book descriptions supplied by a print-on-demand...more

Advertising Law Newsletter - March 04, 2011

In this issue: NARB: Staples Should Discontinue, Modify Use of “Like FREE” Claim; Privacy Legislation Hits Congress, Including Do-Not-Track Bill; Zip Code Is “Personal Information” Under California Law; Partridge Show Actress...more

Businesses May Have Some Legal Recourse For Anonymous Smear Campaigns On The Internet

Businesses are using Facebook fan pages and interactive ad campaigns to market their products and services on social media. One sided banner ads are making room for advertising that is more engaged with consumers. With this...more

Liability for Commercial Speech: A Guide to False Advertising, Commercial Disparagement, and Related Claims

by Foley Hoag LLP on

This volume summarizes related bodies of law – false advertising, commercial disparagement, and defamation – that govern the conduct of business communications. It sets forth elements, damages, and related defenses for each...more

Ohio District Court Allows Database “Scraping” Case To Proceed On A Variety Of Legal Theories

Recent years have seen the growth of online data sources, such as online databases, ecommerce catalogs, and social networking sites, and associated services and applications. This growth has been accompanied by a...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *Manatt Lawyers Receive Top Ratings In Chambers USA 2008 Advertising, Entertainment, and Healthcare Practices Noted for Excellence *FCC Eyes Product Placement Practices *Executives Are Employees For...more

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