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

Crowdfunding 101

by LeClairRyan on

“Crowdfunding” offers an option to startups and small businesses to raise capital, although it is a greatly misunderstood and misused term. It refers to the pooling of money from a crowd for the funding of a project or...more

Government Actions are Not Protected Speech Under California Anti-SLAPP Law - Appellate Opinion Stems from Disputed Construction...

by Best Best & Krieger LLP on

When a government entity issues a construction permit, that is government action not protected by California’s anti-SLAPP law — which extends only to constitutionally protected exercises such as “free speech” — the California...more

Sears Tries to Sell FTC on Settlement Tweaks

Should the Federal Trade Commission revise its 2009 settlement with Sears involving the company’s data security practices? In an administrative complaint, the FTC alleged that Sears Holdings Management Corp. failed to...more

Selective distribution and online sales: complying with EU competition law after the Coty judgment

by Hogan Lovells on

The Court of Justice of the European Union recently issued a landmark judgment that will affect distribution and online sales in particular in the consumer goods and digital sectors....more

Surf’s Up! Don’t Become The Next Victim Of A Surfing Suit

by Fisher Phillips on

The past few years have seen a steep increase in litigation brought against hospitality businesses under Title III of the Americans with Disabilities Act (ADA). These suits often contend that certain aspects of a building,...more

The Coty Case – The CJEU rules in favour of selective distribution networks against third-party online platforms

by Dentons on

In the long-awaited Coty ruling, the Court of Justice of the European Union has confirmed that luxury brands may restrict distributors in a selective distribution network from selling their goods through third-party online...more

Suppliers of luxury goods can prohibit their selective distributors from selling these products via third-party online platforms

by White & Case LLP on

The European Court of Justice held in Coty that a manufacturer operating a lawful selective distribution system for luxury goods is allowed to prohibit its authorised distributors from selling those goods on third-party...more

Coty Case: Luxury Brands Can Restrict Online Sale via Marketplaces Such as Amazon

by Shearman & Sterling LLP on

On 6 December 2017, the European Court of Justice (“the Court”) handed down its preliminary ruling in the Coty case confirming that a manufacturer operating a selective distribution system of luxury goods is allowed to...more

Today’s Hot Topic: Food Advertising

by Reed Smith on

From time to time I like to remind clients of specific network guidelines to keep in mind when developing advertising. One such guideline involves the advertising of food....more

Supreme Court Searches for Fourth Amendment Line for the Digital Economy

by Ropes & Gray LLP on

On November 29, 2017, the Supreme Court heard oral argument in Carpenter v. United States. The Court’s decision could have critical implications for companies operating in the digital economy and their ability to limit...more

A TCPA Slam Dunk in the Ninth Circuit?

by LeClairRyan on

The fight is not over yet, but the insurance industry just had a significant victory in the United States Court of Appeals for the Ninth Circuit. The scenario is likely familiar to most. You’re invited to send a text and...more

Companies Outside Retail And Financial Industries May Have Additional Arguments To Challenge Standing In Data Breach Cases

by Foley & Lardner LLP on

The data breach at the U.S. Office of Personnel Management was one of the most serious and possibly one of the top ten largest data breaches of the 21st century, compromising background investigation records for some 22...more

Toxic Chemicals in Consumer Products: Clean Water Action Retailer Report (Including Walmart)

The organization Clean Water Action announced the release of its second annual “report card” on toxic chemicals in consumer products titled: Who’s Minding the Store? – A Report Card on Retailer Actions to Eliminate Toxic...more

TTB Clarifies Recall Information

by Sherman & Howard L.L.C. on

The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently published a circular clarifying its position on voluntary beverage recalls for adulterated or mislabeled products....more

Menu Labeling Update: Plans On-Track for Implementation in May 2018

On November 7, 2017, the U.S. Food and Drug Administration (FDA or the Agency) released the much-anticipated draft supplemental guidance, “Menu Labeling: Supplemental Guidance for Industry” (Draft Guidance). The Draft...more

Food & Beverage Litigation Update | December 2017

Subway Sweepstakes Ads Lacked Adequate Disclosures, CARU Finds - After reviewing an ad for Subway’s “Fresh Fit for Kid’s Meal” featuring premium toys and offering a sweepstakes for a tablet, the Children’s Advertising...more

Food Litigation Trends: New and Undefined Label Claims in 2017

by Pepper Hamilton LLP on

Part 1: Current Trends and Ingredient Claims - Class-action lawsuits involving the false advertising of food products continue to be one of the most active areas in class litigation. Originally published in Update...more

Court Bends Every Procedural Rule to Grant Dismissal to Kohl’s in “Opt-Out Evader” TCPA Text Suit –Blesses Contractual Revocation...

by Dorsey & Whitney LLP on

One of the most annoying inhabitants of TCPA land is the Opt-Out Evader. This fellow or lady tries to set up TCPA lawsuits by texting phrases s/he knows will not be recognized by text service providers. Rather than simply...more

Court Finds Text Message Offering Link to Dinner “Specials” Was Not Telemarketing Because the Customer Already Had a Dinner...

by Dorsey & Whitney LLP on

When it comes to telemarketing, context is everything. Imagine sitting at home and receiving a text message from a restaurant inviting you to view their nightly dinner specials....more

Second Circuit Dismisses Claims of Would-Be Ad-Blockers

On November 22, 2017, the Second Circuit in Heskiaoff v. Sling Media affirmed the dismissal of a class action complaint against Sling Media that alleged deceptive business practices in connection with Sling’s introduction of...more

AD-ttorneys@law

by BakerHostetler on

Once completely obscure, fidget spinners are now a thing. Meaning that their existence, if not their actual purpose, has become known to you. Dubbed by The New York Times “a Hula Hoop for Generation Z,” the fidget spinner...more

Will Florida and New York let you change a sweepstakes after it starts?

by Thompson Coburn LLP on

I recently received an unusual request from the sponsor of a sweepstakes. The sponsor was one month into a three-month entry period stated in their sweepstake’s rules. Now the sponsor wanted to add a few new prizes to...more

EU Retail News - November 2017

by Bryan Cave on

From 2 January 2018, the rules on how you can portray under-18s in advertising will get stricter. Marketing communications in non-broadcast media (including newspapers, direct marketing communications, posters, online...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Wells Fargo is again in federal regulators’ crosshairs. The OCC has dubbed the bank a repeat offender and is weighing a “formal enforcement action” over “improprieties in its auto-insurance and mortgage operations”....more

GDPR Breach Notification Checklist

by Womble Bond Dickinson on

U.S. companies now have to consider breach notification requirements under the GDPR in addition to data breach notification laws in the U.S. (enacted by 48 states and numerous regulators). Follow our chart to determine if...more

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