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Oberheiden P.C.

Promoters, Endorsers, and Brokers: Understanding the Rules on Securities and Cryptocurrency Investment Advertising

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Promoting securities, cryptocurrency, and other investment opportunities is fraught with legal risks. Individuals who engage in promotional activities must ensure that they have a clear understanding of the federal laws and...more

Kaufman & Canoles

Before Endorsing, Celebrities Should Know: Are Cryptocurrencies Securities?

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Even before the collapse of Sam Bankman-Fried’s FTX empire, the Securities and Exchange Commission (SEC) was paying increasing attention to the market for cryptocurrencies. Back in June, the Chair of the SEC, Gary Gensler,...more

Venable LLP

Oops they did it again - SEC brings Crypto Anti Touting Action against another celebrity - this time Kim Kardashian

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The SEC has rung the bell again on a celebrity touting a crypto token offering without adequate disclosure of a paid role. On October 3, 2022, the Securities and Exchange Commission released its order instituting cease and...more

Foster Garvey PC

Sports & Entertainment Spotlight: Neil Young’s Song Catalog Removed From Spotify After a Public Ultimatum Over COVID-19...

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After a compelling weekend of playoff football in the NFL, in which all four of the matchups came down to the final play of each game (serving to drive even more eyeballs to the NFL in what has been a fruitful season for the...more

Foster Garvey PC

Sports & Entertainment Spotlight: The New York Giants and New York Jets Football Teams Sued By a Fan Over the Use of “New York” in...

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Welcome back to another week of the “Sports & Entertainment Spotlight.” Sadly, for the third week running (first legendary NFL coach and broadcaster John Madden, then beloved Golden Girl, Betty White), the S&E world is coming...more

Foster Garvey PC

Sports & Entertainment Spotlight: Hollywood Studio Miramax Sues Quentin Tarantino for Sale of “Pulp Fiction” NFTs

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Welcome back to the “Spotlight”! With Thanksgiving just around the corner (brace yourself, midsection), I wanted to pause to take a moment to reflect on all that for which I have to be thankful. Certainly my family, health...more

Foster Garvey PC

Power Moves in the Sports Arena: Coca-Cola Buys Remaining Control of Sports Drink, BodyArmor, and 17-Year-Old Basketball Star...

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Part of what I love about having a Sports Law practice is exactly what makes it difficult to cram everything I want to discuss into each week’s installment of the "Spotlight." No, it’s not that athletic prowess is not...more

Foster Garvey PC

Cher Sues Mary Bono for $1 Million Over Missing Royalties

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- Cher filed a lawsuit against her late musical partner and ex-husband Sonny Bono’s widow over the rights to many of their cherished Sonny & Cher songs. She asked the court to block the trust which handles Sonny’s estate, the...more

Foster Garvey PC

With Cryptocurrencies and NFTs Continuing to Boom, Financial Regulators Are Clamping Down

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- With crypto investment frauds on the rise, the U.S. Securities and Exchange Commission sent a warning to investors and published an investor alert listing out possible signs of a scam. Along similar lines, a Bloomberg...more

Foster Garvey PC

The ‘Nirvana Baby’ Raises a Number of Legal Issues Including Right of Publicity

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- "Whose job is in Jeopardy?" Mike Richards may be an appropriate answer. Sony announces that he will be dropped as Executive Producer of the program on the tails of stepping down as a host. He joins a number of celebrities...more

Foster Garvey PC

Sponsorship Empire Such as Roger Federer’s Sparks an Interesting Debate: Do Celebrities Make the Brand or Do the Brand Make the...

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- With celebrities continuing to pad their bank accounts through endorsement deals, some questions remain: What makes them an icon? Is it their initial rise to fame or their brand? (See the Roger Federer story below) -...more

Foster Garvey PC

Sports & Entertainment Spotlight: Can Celebrity Endorsements Influence Perceptions Around the COVID-19 Vaccine?

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- As the pandemic continues, the question arises: Could celebrities be the key to getting the country vaccinated? - Seemingly everyone is coming up a winner in the music business with the top three major companies bringing...more

Foster Garvey PC

Sports & Entertainment Spotlight: The Steady Evolution of Athlete Endorsement and Sponsorship Markets and the Latest Household...

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Some of this week's highlights include: - Emerging trends are showing signs of change in the sponsorships and endorsement markets. A segment once largely overlooked, athletes in the LGBTQ+ community are finally ringing in...more

Foster Garvey PC

Sports & Entertainment Spotlight - July 2021

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Just months after breathing life into to the "Sports & Entertainment Spotlight," I am (well, my wife is) giving birth to a new creation — a baby boy. As such, I will be taking a break from the usual commentary (sleep...more

Foster Garvey PC

Sports & Entertainment Spotlight: Why the risks of holding the Tokyo Summer Olympic Game remain high, and how PGA Tour golfer...

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Strange as it may be, with vast majority of the world still reeling from the COVID-19 pandemic, we are on the eve of the opening ceremony for the “2020” Tokyo Summer Olympics. Olympic games in “normal” times are logistical...more

Foster Garvey PC

Sports & Entertainment Spotlight: Risks of NIL Pitfalls Prove Greater Than ‘NIL’

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Just two weeks into the name, image, and likeness (NIL) era in college sports, and we are already starting to see not only novel and creative partnerships, but also the emergence of legal gray areas and pitfalls for college...more

Foster Garvey PC

Sports & Entertainment Spotlight: The Dawn of the NIL Era in College Sports

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Well, today is the big day. If you’re reading this week’s installment of the Spotlight, it means that you survived the long and arduous journey of the name, image and likeness (NIL) era in college sports. Indeed, with the...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Supreme Court Ruling in Alston v. NCAA Means for the Future of College Sports

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“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Recent Senate Hearing Might Mean for a Federal NIL Law as State Laws Go Into Effect on...

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As we inch closer to the summer solstice here in the Northern Hemisphere (the first day of summer for those of you who were asleep in science class), the heat is not rising only on the thermometer, but also in the halls of...more

Foster Garvey PC

Sports & Entertainment Spotlight - June 2021 #2

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Less than three weeks remain for either the National Collegiate Athletic Association (NCAA) or for Congress to act to stem the impending chaos on July 1 when college athletes’ name, image and likeness (NIL) laws go into...more

Foster Garvey PC

Sports & Entertainment Spotlight - May 2021 #4

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Throughout the United States, people are eagerly preparing for this Memorial Day Weekend (MDW), which marks the unofficial start of summer (not to mention those who made the ultimate sacrifice for the country). If you listen...more

Foster Garvey PC

Sports & Entertainment Spotlight - May 2021 #3

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As readers from last week will recall, we spent some time examining the notion of credibility. One week later, we’re witnessing what credibility (or lack thereof) hath wrought on our subjects. Bob Baffert? Banned from New...more

Foster Garvey PC

Sports & Entertainment Spotlight - May 2021 #2

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The word of the week for this edition is “credibility.” In the courts of law and public opinion, credibility (or the quality of being trusted and believed in) is everything. Just ask famed Triple Crown horse trainer Bob...more

Foster Garvey PC

Sports & Entertainment Spotlight - May 2021

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Hope is in the air (not to mention copious amounts of tree pollen) here in New York – and that’s to say nothing of the Knicks’ hardwood resurgence, the Giants’ highly-acclaimed moves in last week’s NFL Draft and the Yankees’...more

Foster Garvey PC

Sports & Entertainment Spotlight - April 2021 #5

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First and foremost (and not to detract from Sir Anthony Hopkins—lest I incur the wrath of Hannibal Lecter himself), the late Chadwick Boseman should have won the Best Actor Oscar for his performance in “Ma Rainey’s Black...more

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