The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials
Podcast - Influenciadores y Publicidad
Podcast - The FTC Takes Action Against Old Southern Brass for False "Made in the USA" Claims
AD Nauseam: A Different Type of Imposter Syndrome
Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Podcast)
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2
Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 (Podcast)
Consumer Finance Monitor Podcast Episode: The Federal Trade Commission: Looking Back at 2023 and Looking Ahead to 2024 and Beyond
AD Nauseam: The Best Podcast (Fact or Puffery?)
Ad Law Tool Kit Show – Episode 9 – Copyright Counseling and Protection
The FTC Takes a Closer Look at Blurred Advertising to Children
Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements
Ad Law Tool Kit Show – Episode 7 – Payment Processing
AD Nauseam: AI – We Had to Discuss it Eventually – Part 2
Ad Law Tool Kit Show – Episode 5 – Surviving an FTC Investigation
AD Nauseam: AI – We Had to Discuss it Eventually
In today’s advertising landscape, billboard leases can provide landowners and billboard owners and operators with a mutually beneficial arrangement, offering opportunities for visibility and revenue. However, it is crucial to...more
Building owners may have a hidden income-generating asset – their roof. Utilizing rooftop space to advertise, by placing a sign or painting an advertisement onto a roof, is a rising trend, particularly in areas surrounding...more
Maryland and Ohio courts disagree on whether taxing billboards violates the 1st amendment. Will the Supreme Court weigh in? How will this affect the surge of interest in targeted taxes on digital advertising? Matt Hunsaker...more
Some cannabis companies are facing unanticipated headwinds as a result of the emerging patchwork of state cannabis regulations—including unwanted attention from state attorneys general. Connecticut, for example, has long...more
The Ohio Supreme Court recently struck down a billboard tax as unconstitutional in Lamar Advantage GP Co., LLC v. Cincinnati, Slip Opinion No. 2021-Ohio-3155. The case evaluated an excise tax placed on the installing,...more
Billboards are ubiquitous in the landscape along major Florida thoroughfares, at times seemingly blending into their surroundings. They dot (some would say mar) the landscape on farms and ranches along interstates and on...more
On February 15, 2021, the Maryland Court of Appeals issued a decision in Clear Channel Outdoor, Inc. v. Director, Department of Finance of Baltimore City, Case No. 24-C-18-001778 (Md. 2021), upholding the constitutionality of...more
Last May, in Commissioner of the State of New York Department of Transportation, et al. v Polite, Index No. 610010/2019, the Suffolk County Supreme Court denied the State’s application for a preliminary injunction to enjoin...more
Advertising cannabis products along California’s interstate highways, briefly lived, is now significantly restricted. On January 21, 2021, the California Bureau of Cannabis Control (BCC) released a notice explaining that,...more
You may have recently received a notice from the Bureau of Cannabis Control, the California Department of Food and Agriculture, and/or the California Department of Public Health regarding billboard advertisements featuring...more
The San Luis Obispo County Superior Court recently granted a petition to ban almost all outdoor cannabis advertising on more than 4,000 miles of California highways. The case was brought by county resident Matthew Farmer, who...more
Such Regulations are Subject to Strict Scrutiny, Ninth Circuit Rules - A city ordinance that prohibits parking mobile billboards on public streets, but exempts authorized emergency or construction-related vehicles, is a...more
While the end of session seemed to be just around the corner last week, legislators jumped back in this week, taking up a number of highly-debated and controversial bills both on the floor and in committee. All the while,...more
The House and Senate both had heavy calendars as they approached this week’s crossover deadline. Since the deadline has passed, any bill not dealing with taxes or the budget, and any bill that has not passed at least one...more
The Second District Court of Appeal held that the purported amendment of an agreement to extend the period in which billboards were permitted within the City constituted a new agreement and hence violated the terms of a...more
Two recent New York cases brought to mind the well-known poem about trees. No, not the one written by Joyce Kilmer. The other one, written by Ogden Nash. Who can ever forget those immortal words. “I think that I shall never...more
Many of California’s roadways are littered with advertising. A question regarding oversight of roadside billboards, however, has long remained: Does the state have ultimate control or can municipalities weigh in on...more
No State Preemption of Local Billboard Regulations, California Appellate Court Finds - The Outdoor Advertising Act does not preempt local regulation of billboards, a California appellate court has ruled. In a decision...more
Long-Standing Questions Addressed by California Appellate Court - The Outdoor Advertising Act does not preempt cities and counties from regulating billboards in unincorporated areas, a California Appellate Court ruled....more
Municipal ordinances prohibiting mobile billboard advertising were recently upheld by a federal appeals court. The U.S. Ninth Circuit Court of Appeals found that the ordinances withstood First Amendment scrutiny as...more
I have commented before on the use of location based services on mobile telephones and that apps (and your telecommunications provider) use and sell your location data for all sorts of purposes without your knowledge. The...more
The South Carolina General Assembly has clarified how outdoor advertising signs (i.e. billboards) are taxed in the state for property tax purposes. The new law amends South Carolina Code Section 12-43-230, and applies to...more
For the second time in less than a year, the U.S. Department of Justice (DOJ) has filed an antitrust complaint against hospital systems that agreed to not advertise on billboards or in print in each other’s home county. Last...more
Authorizing Relocated Ones Upheld by Court; Constitutional Challenges Rejected; Injunction Order to Remove Billboard Affirmed - The City of Corona has prevailed in a constitutional challenge to its enforcement of a...more
The IRS has released yet another private letter ruling (Letter 201522002) in the REIT area. This time, the IRS addressed the REIT treatment of income from the rental of outdoor advertising space (i.e., billboards). At issue...more