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
FTC Names Senior Executives in Suit Against Amazon for Use of “Dark Patterns” in Prime Enrollment Scheme
The Bottom Line While the FTC has named individual defendants in prior cases, the amended complaint shows that the FTC is willing to do so in challenges to large, publicly traded companies.Companies should closely review their consumer experience flows and cancellation policies, to ensure that Continue Reading
Exposing the Truth Behind Deepfakes in Political Ads
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 California is poised to enact a one-stop global deletion request option that all “data brokers” operating in the State would be required to follow. The “Delete Act” would amend certain aspects of the existing Data Broker Registration law (the 2019 Act) and empower the 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 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