The Bottom Line The Guaranty Law provided protection to personal guarantors of commercial leases in New York City. However, a New York federal court decided on March 31, 2023, that the Guaranty Law violates the U.S. Constitution’s Contracts Clause.Commercial landlords and tenants in New York City Continue Reading
Iowa Becomes the 6th State to Pass Comprehensive Consumer Privacy Legislation
The Bottom Line Iowa has become the sixth state to enact a comprehensive privacy law, but certainly will not be the last.Similar to Utah’s forthcoming law, Iowa’s statute has many features that are more business-friendly than the laws in California, Virginia, Colorado and Connecticut. Not to Continue Reading
The Risks and Rewards of Generative AI
From generating sophisticated music, artwork, text and video to having a conversation, passing complex standardized tests and, even, as one hapless New York Times journalist chronicled in a now-viral article, professing love for humans, “generative AI” is revolutionizing the way that we create and Continue Reading
From Record Clubs to Retail Subscriptions: FTC Proposes Significant Expansion of Negative Option Rule
The Bottom Line Negative option offers – such as prenotification plans, continuity programs, automatic renewals and free-to-pay conversions – allow a seller to interpret a customer’s silence, or failure to take an affirmative action, as acceptance of an offer. The FTC created the Negative Continue Reading
The SEC Takes on Lindsay Lohan, Jake Paul and Six Other Celebrities Over Paid Crypto Posts
The Bottom Line The SEC is continuing to make good on its repeated warnings that it will aggressively enforce Section 17(b) of the Securities Act against influencers, including mainstream celebrities, who fail to disclose the nature, scope and amount of compensation received in exchange for their Continue Reading
Utah’s First-of-its-Kind Social Media Laws Impose Sweeping Protections for Kids and Teens
The Bottom Line Two new Utah laws will require social media companies to get parental consent for all users under 18, re-verify the age of existing users, prohibit advertising to such minors, and more.These onerous requirements may lead social media companies to avoid Utah altogether. Both Continue Reading
It Could Happen Again: What to Know If There is Another Bank Failure
Prompted by the collapse of Silicon Valley Bank (SVB) on March 10, 2023, depositor fear has spread to thousands of other regional and community banks across the nation, despite extraordinary measures taken by the federal government to stabilize the U.S. banking system. Should additional Continue Reading
FTC Warns Marketers on AI Claims in Advertising
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