New Developments in the World of Section 230
Podcast - Developments in FDA & DOJ Regulation and Enforcement of Manufacturer Communications
The Fourth Circuit has found that a West Virginia state law restricting how attorneys can solicit clients in pharmaceutical and medical device cases does not violate the First Amendment. At the end of April, a three-judge...more
WHAT IS, AND IS NOT, ADVERTISING? At the outset it is important to understand what is, and is not, considered to be advertising or an advertisement under U.S. law. Generally speaking, as applied to any product, be it beer,...more
Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at a recent Practicing Law Institute Bridge the Gap program discussing legal issues...more
SPECIAL FOCUS: Lord & Taylor Settles With FTC for Not Disclosing Native Ads - Less than three months after the Federal Trade Commission issued its December 2015 Policy Statement and Business Guide on native advertising...more
Game's Over: Jordan, Grocers Settle Publicity Rights Suits - To avoid a second trial in litigation initiated by Michael Jordan challenging the use of his likeness in a commemorative issue of Sports Illustrated, the...more
On Tuesday, the FTC joined the Department of Justice and several other federal agencies in announcing numerous recent and ongoing actions against dietary supplement marketers. The FTC, in its discussions, highlighted a case...more
In a much-awaited decision on Friday, January 30, the D.C. Circuit upheld the Federal Trade Commission’s decision that pomegranate juice maker POM Wonderful LLC engaged in false or misleading advertising by claiming its...more
—PART V— Not all Native Advertising May Be Commercial Speech under the First Amendment - If there is one thing clear from the case law, it is that the commercial speech analysis under the First Amendment is a...more
—PART IV— Commercial and Noncommercial Inextricably Intertwined Speech - The Bolger court found that the mailings constituted commercial speech “notwithstanding the fact that [informational pamphlets]...more
The Evolution of Commercial Speech’s First Amendment Protection - One of the fundamental purposes of the First Amendment is to promote the free flow of information in the “marketplace of ideas.” To that end, the First...more
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin, we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice....more
On Thursday, the Federal Trade Commission announced that, after its inquiry of almost two-years, it is ending its antitrust investigation into Google. It finds that Google has not violated antitrust laws in its ordering of...more