The Bottom Line Generative AI tools have made it easier and cheaper for political groups and campaigns to create convincing but fictitious attack ads targeting political rivals.There are an array of proposed tactics that would require political advertisers to clearly and conspicuously disclose Continue Reading
California’s “Delete Act” Takes Aim at Data Brokers
The Bottom Line Data brokers stand to permanently lose access to California consumers’ personal information.Although the Delete Act’s data deletion and audit requirements do not take effect until 2026 and 2028, respectively, the enhanced reporting requirements will apply to the next registration Continue Reading
Blurred Lines: FTC Report Finds Blurred Advertising Can Harm Kids
The Bottom Line Children and teens are spending a considerable amount of time in immersive environments, where advertising content can be difficult to distinguish from entertainment, educational or other content.Following a wave of recent Children and Teens’ Online Privacy Protection Act (COPPA) Continue Reading
12 State Privacy Laws in Play – Delaware’s Personal Data Privacy Act
The Bottom Line While Delaware does not have as many users as bigger states, the disconnects between the various state laws continue.There are now 12 states with comprehensive privacy laws, with more on the way.Without federal legislation, this patchwork of state privacy laws is quickly becoming Continue Reading
Ed Sheeran’s Copyright Victory: A Win for Songwriters?
The Bottom Line The Sheeran trial was a win for an individual songwriter, but the long road to victory underscores how difficult it can be for an artist to defeat a copyright claim based on similarities arising from the use of commonplace musical “building blocks.”Music producers and composers Continue Reading
Stay, Stay, Stay – The Supreme Court Rules Litigation is Automatically Stayed Pending an Appeal on Arbitrability
The Bottom Line The U.S. Supreme Court rules that lower court proceedings must be put on hold while an appeal is pending over whether the matter should be arbitrated.Businesses that regularly include arbitration clauses in agreements will no longer be forced to continue litigating cases while an Continue Reading
Is the Legal Test for Expressive Use of a Trademark on The Rocks? Jack Daniel’s Prevails at the Supreme Court
The Bottom Line The U.S. Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use is a parody.While the decision leaves intact existing legal protections for the Continue Reading
Welcome to Pennsylvania? U.S. Supreme Court Upholds Consent-to-Jurisdiction-By-Registration Law
The Bottom Line The U.S. Supreme Court upheld a Pennsylvania statute that requires out-of-state corporations to consent to personal jurisdiction there for any lawsuit as a condition of doing business in the state.The decision may prompt other states to adopt similar regimes and has the potential Continue Reading
Third Time’s A Charm – Adequacy Decision for EU-U.S. Data Privacy Framework Adopted by European Commission
The Bottom Line After both the U.S.-EU Safe Harbor Framework and EU-U.S. Privacy Shield Framework were invalidated by European courts, businesses are hopeful that the new Data Privacy Framework will be the one that finally survives legal scrutiny.Businesses dealing with cross-border transfers of Continue Reading
The Deep Dive: FTC Updates Endorsement Guides for Modern Marketing and Advertising
The Bottom Line The FTC has revised its Endorsement Guides to take into account how businesses reach modern consumers in the digital era. Brands, agencies and influencers should revisit their standard policies and practices now to ensure they comply with the FTC’s new guidance.Many commonly used Continue Reading