The Bottom Line The FTC is paying close attention to artificial intelligence, its work product and any false or unsubstantiated claims stemming from it.Marketers must have adequate support for any claims they make about their AI products or they could face FTC scrutiny. As anticipated in our Continue Reading
NCAA Seeks to Control NIL Madness this March, Signals Changes in Enforcement
The Bottom Line Recent moves by the NCAA signal a more aggressive approach to NIL rules enforcement.The change in bylaws dramatically increases the likelihood of the NCAA finding violations.Institutions, marketers and student-athletes need to remain vigilant and disciplined about structuring NIL Continue Reading
Twitter Goes Green: What This Means for Marijuana Advertising
The Bottom Line The federal prohibitions on marijuana and ingestible CBD make for a complicated compliance environment for media companies, advertisers, agencies and ad tech companies.Twitter’s decision to accept advertising in the space represents a massive sea change for the industry’s online Continue Reading
The Training Wheels are Off: The Copyright Implications of Training Generative AI
The Bottom Line Two pending lawsuits are among the recently filed cases that will test how copyright law will be applied to AI.Given the novelty and rapidly evolving nature of GAI, individual creators and companies using GAI need to tread carefully to avoid claims of infringement and to protect Continue Reading
NLRB Finds Confidentiality and Non-Disparagement Clauses in Severance Agreement Unlawful
The Bottom Line The National Labor Relations Board has ruled that inclusion of confidentiality and non-disparagement provisions in separation agreements is unlawful.Employers should consult with counsel on how to update their agreements in light of this decision.It is unclear whether inclusion of Continue Reading
Jury Awards Six-Figure Damages to Hermès in First Major NFT Decision
The Bottom Line Brands should monitor whether and how their trademarks are being used in new technologies and know that such use is still subject to traditional principals of trademark law.Creators should be aware of the limits of First Amendment protection, particularly when dealing with Continue Reading
The FTC Enforces its First Fine Under the Health Breach Notification Rule
The Bottom Line The FTC is showing that it intends to be more active regarding the misuse and exploitation of sensitive personal information. Companies that use health information should take precautions to protect consumer data and provide proper disclosures when sharing health information with Continue Reading
The FTC’s Sweeping Proposal to Ban Non-Competes
The Bottom Line In the three weeks since the proposed rule was released, the FTC has received over 5,600 comments, and many more are expected from interested individuals, companies, industry groups and trade associations.Until the final rule, if any, is implemented, companies should continue to Continue Reading
Top 10 Advertising and Marketing Issues for 2023
The top advertising and marketing issues this year are largely focused on one theme: Protection. Marketers will need to be aware of various trends that could threaten their intellectual property rights, reputations and market shares. Meanwhile, regulators are focusing on ensuring consumers — Continue Reading
Be Smarter Than Harvard: Comply with Your Insurance Policy’s Reporting Requirements
The Bottom Line A recent federal court decision may cost Harvard University millions of dollars and serves as a reminder to policyholders to adhere to the notification requirements of both their primary and excess insurance policies.While the decision is based on one policy type and one kind of Continue Reading