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Can You Back That Claim Up? FTC Sends Nearly 700 Notices About Substantiating Product Claims

The Bottom Line As the FTC appears focused on seeking monetary penalties in response to product claims, brands and marketers should ensure that their practices are lawful.While a response to a Notice of Penalty Offenses is not required by the FTC, any entity receiving such notice should conduct a Continue Reading

Alert, The Fine Print: Stay in Compliance without Losing Your Edge - April 17, 2023

Faced with Increasing Pressure, Roblox Adopts New Advertising Standards

The Bottom Line Brands are restricted from showing advertising content to Roblox users under 13 years old and must use the platform’s PolicyService API to ensure only users aged 13 or older can view their advertising content.Brands should consult with legal counsel if they are unsure whether Continue Reading

Alert, Exploring the Metaverse and Web 3.0 – More than Crypto and NFTs, Maintaining Your Competitive Advantage with Proactive Privacy and Data Protection Strategies - April 13, 2023

What’s the Harm? Second Circuit Requires Proof of Irreparable Harm to Enjoin Restrictive Covenant Violations

The Bottom Line Federal district courts in the Second circuit will not presume that a company will suffer irreparable harm for a restrictive covenant violation. Parties should not rely on contractual stipulations alone to establish irreparable harm.A party seeking a court injunction for the Continue Reading

Alert - April 11, 2023

Court Rules New York City’s ‘Guaranty Law’ is Unconstitutional

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

Alert - April 5, 2023

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

Alert, Maintaining Your Competitive Advantage with Proactive Privacy and Data Protection Strategies - April 3, 2023

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

Alert, Emerging Issues - March 31, 2023

From Record Clubs to Retail Subscriptions: FTC Proposes Significant Expansion of Negative Option Rule

The Bottom Line The FTC is seeking public comment on sweeping proposed revisions to the Negative Option Rule that could significantly update the rule to govern negative option offers in all forms of media.The FTC is hyper-focused on the subscription economy. E-commerce sellers, telemarketers and Continue Reading

Alert, Buy Now: Avoiding the Pitfalls of Online Retailing - March 29, 2023

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

Alert, Are Your Influencers Putting You at Risk?, Exploring the Metaverse and Web 3.0 – More than Crypto and NFTs - March 28, 2023

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

Alert, Maintaining Your Competitive Advantage with Proactive Privacy and Data Protection Strategies - March 24, 2023

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

Alert, New Risks, Regulations and Enforcement in Lending Markets - March 22, 2023

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