The Bottom Line Taken together, these legislative developments are indicative of the increasingly complicated and potentially confusing data privacy regime that lies ahead. What remains clear is that businesses that process personal information need to remain diligent about privacy and data Continue Reading
The FTC’s “Reasonable Basis” Standard Has Evolved for Disease Efficacy Claims
The Bottom Line The FTC made it clear many times in 2018 that disease efficacy claims must be supported by competent and reliable scientific evidence, including human clinical testing, and that expert opinions will help guide the kind of human clinical testing and the number of RCTs that is Continue Reading
Celebrity Endorsers of Initial Coin Offerings Settle with Securities and Exchange Commission
The Bottom Line Celebrities not only need to comply with the FTC Endorsement Guides but also need to comply with the SEC’s disclosure rules when endorsing ICOs, or risk facing charges similar to those brought against Khaled and Mayweather.These recent charges reflect the SEC’s concern around the Continue Reading
Happy New Year, Data Brokers! Now, Register with Vermont
The Bottom Line Vermont’s law governing data brokers takes effect in a few days.If you think you are a data broker who falls within the law, now is the time to take all steps necessary to comply. With only days to go before Vermont’s data broker regulation law takes effect, the Vermont Continue Reading
New York Attorney General Reaches Record COPPA Settlement with AOL
The Bottom Line The AOL settlement – which requires AOL to pay the largest COPPA penalty ever to date — is the most recent instance in which the New York Attorney General’s Office has sought to enforce COPPA. While most ad tech industry members have long known that behavioral advertising cannot be Continue Reading
FTC Brings Action Against PR Agency and Publisher For Misleading Online Endorsements and Deceptively Formatted Advertising
The Bottom Line The FTC is, once again, making it clear that all involved parties have a duty to comply with the FTC’s rules regarding paid endorsements and native advertising practices — and that it is equally willing to take action against agencies and publishers when they violate these rules. Continue Reading
1-800 Contacts Unlawfully Restricted Competitors’ Trademark Use In Search Engine Marketing
The Bottom Line The FTC has made clear that some common online advertising methods, such as bidding on a competitor’s trademark in search engine marketing, may not always be contracted away, especially when they result in restricting consumers’ access to competitive pricing information. Parties Continue Reading
New Law Creates Data Breach Safe Harbor for Companies With Written Security Programs
The Bottom Line While there are more laws that require companies to implement reasonable security practices, the Act is the first U.S. law that provides this type of safe harbor to companies that do so. Therefore, every company should implement a comprehensive written information security program, Continue Reading
California Employers Required to Provide Sexual Harassment Prevention Training to All Employees by January 1, 2020
Update as of September 2019 The Bottom Line In further statutory recognition of the #MeToo movement, California — like New York — has implemented more stringent training requirements for employers. On September 30, 2018, California passed SB 1343, a bill requiring all California Continue Reading
When Does “Copying” a Photograph of a Building Constitute Copyright Infringement?
The Bottom Line Companies that use pre-existing photographs of buildings for reference in advertising or other materials may subject themselves to copyright infringement lawsuits. Even though there is generally no copyright protection for a building itself, there may be protection for a rendering Continue Reading