The Bottom Line California already has among the strictest limitations in the United States on the use of employee restrictive covenants agreements. Specifically, California Business and Professions Code Section 16600 voids “every contract by which anyone is restrained from engaging in a Continue Reading
Whose Ad is it Anyway? NAD Finds “Sponsored” Insufficient Disclosure of Material Connection in Social Posts
The Bottom Line The FTC recently updated its Endorsement Guides, in part to provide clarity and guidance on sufficient disclosure of material connections (i.e., a connection between the endorser and the seller of an advertised product that might materially affect the weight or credibility of Continue Reading
U.S. Data Broker Legislation Expands to Include Texas and Oregon
The Bottom Line Four states now have laws that create rules and registration requirements for data brokers. While initially limited to Vermont’s 2018 Data Broker Act and California’s 2019 law, amended by the Delete Act on October 10, 2023, Texas and Oregon recently passed their own laws. Continue Reading
The Copyright Crackdown Continues: Sony Music Sues Ofra Cosmetics Over Influencer and Brand Videos
The Bottom Line Halloween is supposed to be spooky, but this year, Ofra Cosmetics got quite the fright. On October 31, Sony Music Entertainment sued Ofra for copyright infringement in federal district court in Florida, alleging that Ofra’s unauthorized use of Sony recordings in over 300 Continue Reading
2024 Lifetime Gift and Estate Tax Exemption Update
The Bottom Line The 2024 annual inflation adjustments were announced by the IRS on November 9, 2023. The adjustments include increases to the federal gift and estate tax exemption amounts and increases to annual exclusion gifts. 2024 Federal Exemption and Exclusion Continue Reading
Illinois Paid Leave Law and Amendments to California Paid Sick Leave Law Take Effect January 1, 2024
The Bottom Line Illinois Paid Leave Law Earlier this year, the Illinois Paid Leave for All Workers Act (the Act) was signed into law by Illinois Governor J. B. Pritzker. The Act goes into effect on January 1, 2024 and will require covered employers to provide paid leave “for any Continue Reading
Will the Hot Bot Summer Cool Off This Fall?
Recent Generative AI Developments to Consider this Fall Overview Continue Reading
CARU’s New Metaverse Guidelines: Safeguarding Children in the Digital Frontier
The Bottom Line The Children’s Advertising Review Unit (CARU), a division of BBB National Programs, recently announced guidelines for child-directed advertising and privacy in the metaverse (the Metaverse Guardrails). Although the metaverse creates innovative, educational and entertaining Continue Reading
Insights from the 2023 NAD Conference: ESG, Dark Patterns, AI & More
The Bottom Line The recent National Advertising Division (NAD) annual conference focused on the latest developments in advertising law, including issues like environmental, social and governance claims, dark patterns, consumer review practices, artificial intelligence (AI) and much more. As Continue Reading
California’s Age-Appropriate Design Code Blocked on Constitutional Grounds
The Bottom Line The AADC was championed as a ground-breaking law that provided greater protections to children and teens online.The AADC is in jeopardy after a court concluded that certain of its provisions would likely be invalid and temporarily blocked the law.The court’s decision is a win for Continue Reading