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 In the absence of comprehensive federal privacy legislation, state law makers throughout the nation are enacting privacy laws, and Delaware is the latest to join the race. Following California, Virginia, Colorado, Utah, Connecticut, Iowa, Indiana, Tennessee, Montana, Texas, 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 Years of anticipation culminated on July 10, 2023, when the European Commission adopted an adequacy decision (the Adequacy Decision) on the EU-U.S. Data Privacy Framework (the Framework). The Adequacy Decision is the result of a series of negotiations between the European 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
New York Expands Scope of Negligent Supervision and Retention Claims Against Employers
The Bottom Line Prospective customers (not just existing customers) may pursue claims against New York employers arising from an employee's misconduct under the doctrine of negligent supervision and retention. But the facts must still show that the employer owed a duty to the prospective customer Continue Reading
14 Years in the Making: FTC Unveils Updated FTC Endorsement Guides
The Bottom Line It has been a busy week for the FTC – and expect the regulators to keep churning. The FTC is likely already on the hunt for a test case to apply the newly revised Endorsement Guides.Now is the time to get ahead of the updates and audit both internal and external influencer and Continue Reading