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Davis+Gilbert LLP

From our base in New York, we represent a diverse range of clients across the country and around the world.

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Emerging Issues

Every year, new trends, technologies and threats profoundly impact the business landscape. Explore some of the areas where we see both opportunity and risk.

Are Your Influencers Putting You at Risk?

A brand’s media mix has undergone seismic change. From social media, digital out of home, in-game advertising and internet advertising, the legal issues will continue to grow. Part of the myriad of critical business issues to consider in this mix is to ensure that your influencers are not putting you at risk. Are they making the right disclosures in their own posts? Are you carefully managing whitelisting or allowlisting on social media? Are your contracts state of the art? Are you training your influencers and monitoring their posts? These are just a few legal pitfalls to be wary of.

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Latest Insight

Blurred Lines: FTC Report Finds Blurred Advertising Can Harm Kids

September 20, 2023

D+G Hosted Event | Welcome to the New Era of Influencer Marketing: Reaping the Rewards while Reducing Your Risk

September 13, 2023

The Deep Dive: FTC Updates Endorsement Guides for Modern Marketing and Advertising

July 11, 2023

14 Years in the Making: FTC Unveils Updated FTC Endorsement Guides

June 29, 2023

Roblox Found in Violation of CARU’s Advertising Guidelines

June 8, 2023

SUBTA SubSummit 2023 | “Maximize Your Brand—But Don’t Forget About the Law! The Legal Minefields of Influencer Marketing, Content Streaming, Free Trials and More”

June 1, 2023

As Federal and State Governments Take Action Against TikTok, What Should Brands and Agencies Know?

April 28, 2023

The SEC Takes on Lindsay Lohan, Jake Paul and Six Other Celebrities Over Paid Crypto Posts

March 28, 2023

Top 10 Advertising and Marketing Issues for 2023

January 24, 2023

SEC Penalizes Kim Kardashian Over $1 Million for Paid Crypto Post

October 11, 2022

Balancing Compliance and Creativity in Regulated Industries

The world of regulated products and industries continues to grow with the emergence of new products and services like marijuana/CBD products, online betting and cryptocurrency. The question on every marketer’s mind: How do we stay in compliance without diluting the creativity and effectiveness of our advertising and marketing campaigns? Are there lessons to be learned from more well established regulated product categories, like alcohol, cosmetics and dietary supplements? Regulations reach far and wide and change rapidly, touching every player in the advertising ecosystem. Brands, media and agencies must be focused on compliance while foraging new territory and seeking growth for their products.

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Latest Insight

Twitter Goes Green: What This Means for Marijuana Advertising

March 6, 2023

Top 10 Advertising and Marketing Issues for 2023

January 24, 2023

Do You Strive to Make Aspirational Benefit Claims? Lessons Learned from Recent Decisions

November 30, 2022

New Age Targeting Requirements for Beer Advertising

August 17, 2022

Brewers Association | Promoting Your Brand in Compliance with the Law

August 4, 2022

The Top 10 Advertising and Marketing Issues to Watch for in 2022

January 27, 2022

You Can Believe It’s Not Butter: NY Judges Dismiss “Butter” Class Actions

December 6, 2021

Heightened California Compliance Obligations for Cosmetic Companies on the Horizon

November 11, 2021

California Law Restricts Recyclability Claims

November 5, 2021

New California CBD Law Highlights the Federal / State Regulatory Divide

October 4, 2021

Building Connections: Diversity, Equity and Inclusion

While each organization’s Diversity, Equity and Inclusion journey will be different, all must integrate diversity, equity and inclusion strategies into every stage of the employment relationship. From hiring to affinity groups, work assignments, mentoring, performance evaluations, elevations and separations –organizations must be mindful of risks while seeking to diversify perspectives and experiences in the workplace. What does a fair, genuine DEI initiative look like? How do you avoid backlash and accusations of tokenism? Can you foster a culture of inclusion to attract and retain diverse talent, while meeting your business goals? Tomorrow’s success depends on these answers.

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Latest Insight

Media item displaying NYSBA Intellectual Property Law Section Fall Meeting | Driving Opportunities and Change for Diversity and Inclusion in Your Practice and in the Profession
NYSBA Intellectual Property Law Section Fall Meeting | Driving Opportunities and Change for Diversity and Inclusion in Your Practice and in the Profession

December 8, 2021

The Women in Law Summit Series: The Inclusion & Equity Summit: East | Did You Really Just Say That? Recognizing and Managing Microaggressions

November 17, 2021

The Women in Law Summit Virtual Series: The Inclusion & Equity Summit: East | Did You Really Just Say That? Recognizing and Managing Microaggressions

November 17, 2021

PRovoke Media’s Global Public Relations Summit #PRovokeGlobal | The DEI Journey: Innovative and Authentic Actions Take Center Stage

October 25, 2021

New York County Lawyers Association | Diversity, Equity and Inclusion (DEI) Initiatives at Art Museums and Galleries: Effective Strategies in the Workplace

October 22, 2021

Practising Law Institute’s Employment Law Institute 2021 Conference | Gender Issues in the 2021 Workplace

October 13, 2021

Top 5 Considerations Employers Need to Keep in Mind

September 30, 2021

The Women in Law Summit Series: The Inclusion, Diversity & Change: Inspiring Growth | Disrupting the Noah’s Ark Approach to DEI: Creating a Culture of Inclusion

June 2, 2021

Davis+Gilbert Counsel 2U® Labor + Employment Webinar | Remote Employees, COVID Vaccines and Diversity, Equity & Inclusion: Recent Legal Developments and Best Practices

February 3, 2021

Davis+Gilbert Counsel 2U® Labor + Employment Webinar | The Journey to Achieve Diversity, Equity and Inclusion in the Workplace

October 10, 2020

Buy Now: Avoiding the Pitfalls of Online Retailing

As online retail continues to grow exponentially, so do the marketing and advertising rules that brands and retailers must grapple with to meet consumer demand. Most online sellers have remained faithful to classic marketing practices but now they must adopt them to fit the contours of online rules and regulations. And newer channels, such as subscription- based models involving auto renewal and negative-option marketing, are being scrutinized much more heavily as they become standard fare in a marketer’s portfolio. How do you ensure your traditional marketing and newer models align? This is a balancing act that retailers must manage to avoid unnecessary scrutiny and create trust and success with consumers.

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Latest Insight

FTC Names Senior Executives in Suit Against Amazon for Use of “Dark Patterns” in Prime Enrollment Scheme

September 28, 2023

Practising Law Institute | One-Hour Briefing | The FTC’s Proposed Updates to the Negative Option Rule: What Marketers Need to Know

July 26, 2023

A Prime Example of Dark Patterns? FTC Sues Amazon for Use of “Dark Patterns” in Prime Enrollment

June 26, 2023

SUBTA SubSummit 2023 | “Maximize Your Brand—But Don’t Forget About the Law! The Legal Minefields of Influencer Marketing, Content Streaming, Free Trials and More”

June 1, 2023

FTC Orders The Bountiful Company to Pay $600,000 in Fines in First Case Challenging “Review Hijacking”

April 21, 2023

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

March 29, 2023

Top 10 Advertising and Marketing Issues for 2023

January 24, 2023

FTC Staff Report Brings Dark Patterns to Light

October 12, 2022

First CCPA Enforcement Action’s $1.2 Million Fine to Sephora is a Wakeup Call for the Ad Tech Industry

August 30, 2022

California’s Amended Automatic Renewal Law Takes Effect July 1, 2022: What Subscription-Based Companies Need to Know

June 28, 2022

Demystifying COVID-19 Complexities and Thriving in Uncertain Times

Organizations continue to face new business, legal and operational challenges as the pandemic ebbs and flows. Has COVID-19 impacted your contractual obligations? How are you working with your office landlord as employees return to the office? No matter the industry, all organizations must proactively prepare in order to provide a safe work environment, stay in compliance with evolving federal, state and local guidelines and mandates, and minimize risk and losses.

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Latest Insight

Danos Group | “Supporting Mental Health Practices in the Workplace”

May 17, 2023

Wesleyan Lawyers Association | “Navigating Mental Health Accommodations in the Workplace”

May 9, 2023

New York City’s “Guaranty Law” Remains Legal — For Now

August 10, 2022

New Requirements for NYC Employers as Omicron Spreads

December 8, 2021

OSHA COVID-19 Vaccination and Testing Rules for Large Employers are Paused by Legal Challenges

November 18, 2021

New York City SHRM Legislative and Legal Conference

October 28, 2021

ThinkLA | Return To Work: Discussion and Townhall

October 21, 2021

2021 New York Law School Alumni Celebration | Employment Law Primer on the Current State of the COVID Era

October 15, 2021

Davis+Gilbert Labor + Employment Webinar | Navigating Employee Accommodations: Vaccination Policies and Otherwise

October 14, 2021

Workplace Re-Opening Checklist

October 11, 2021

Exploring the Metaverse and Web 3.0 – More than Crypto and NFTs

The metaverse is a multi-billion dollar industry and promises to become a key aspect of daily life, commerce and interaction. Evolving from a niche fascination among the tech savvy for cryptocurrency and non-fungible tokens (NFTs), the metaverse and Web 3.0 are being built on the same foundation of blockchain technology. This technological evolution will fundamentally alter the relationship between digital platforms and the users that operate within them. But how does one manage risk when using such a nascent and leading-edge technology? It’s not just understanding the diverse basket of legal issues – which might include intellectual property law, sweepstakes and promotions law, privacy law, contract law, and securities law – but also understanding the marketplace, including the prevailing financial and technological standards and practices.

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Latest Insight

Roblox Found in Violation of CARU’s Advertising Guidelines

June 8, 2023

Worldcom | Intellectual Property and Contract Considerations for Public Relations Firms Using Generative AI

April 26, 2023

Faced with Increasing Pressure, Roblox Adopts New Advertising Standards

April 13, 2023

The SEC Takes on Lindsay Lohan, Jake Paul and Six Other Celebrities Over Paid Crypto Posts

March 28, 2023

kidTECH Conference | Lunching With the Lawyers: Big Developments in Privacy and Safety Law

February 16, 2023

Jury Awards Six-Figure Damages to Hermès in First Major NFT Decision

February 16, 2023

Top 10 Advertising and Marketing Issues for 2023

January 24, 2023

SEC Penalizes Kim Kardashian Over $1 Million for Paid Crypto Post

October 11, 2022

Welcome to the Metaverse: Legal Issues Marketers Need To Consider

June 2, 2022

PR News | Avoiding Metaverse Mayhem: Regulating Virtual Influencers as Nearly Human

May 11, 2022

Getting in the Game of College Athletics, Media and Marketing

The fundamental relationship between colleges and student-athletes is undergoing a rapid and transformational change that will impact not only college athletics, but also the sports media and marketing landscapes. As these changes occur at the school, state and national levels, they create new risks and opportunities for those involved in sports media and marketing. How can advertisers and student-athletes navigate the patchwork of state, college and conference rules? What can tech businesses do to set up platforms that comply across each state and market? Will federal regulations change the rules again? These are just some of the questions that athletes, universities and marketers need to keep top of mind.

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Latest Insight

Sports Business Journal | A New Semester of Challenges: College Athletics’ Gambling Dilemma

September 11, 2023

Association of National Advertisers | Legal Affairs Committee Webinar | “Stay in Compliance Without Losing Your Edge”

May 11, 2023

NCAA Seeks to Control NIL Madness this March, Signals Changes in Enforcement

March 16, 2023

Top 10 Advertising and Marketing Issues for 2023

January 24, 2023

NCAA Takes Aim At Booster-backed “Collectives” and Their NIL Deals

June 22, 2022

NCAA Adopts New Constitution and Pursues NIL Violations

February 7, 2022

The Top 10 Advertising and Marketing Issues to Watch for in 2022

January 27, 2022

New Jersey Not All-In on College Sports Betting Yet

November 16, 2021

Association of National Advertisers One Day Conference | NIL and Athlete Sponsorships: The Changing Landscape

September 14, 2021

July 1st Marks First Day of School for Student-Athletes Seeking to Exploit NIL Rights

July 9, 2021

Maintaining Your Competitive Advantage with Proactive Privacy and Data Protection Strategies

The constantly evolving landscape of consumer privacy and data protection can leave your company feeling like it’s on a tightrope: rules shift daily as privacy laws are passed at local, state, federal and international levels; the alarming frequency of data breaches now feels like business as usual; and the methods by which data becomes vulnerable and exploited expands exponentially. How will you develop an airtight privacy and data protection strategy while keeping your competitive edge and avoiding reputational harm?

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Latest Insight

California’s “Delete Act” Takes Aim at Data Brokers

September 21, 2023

12 State Privacy Laws in Play – Delaware’s Personal Data Privacy Act

September 18, 2023

Third Time’s A Charm – Adequacy Decision for EU-U.S. Data Privacy Framework Adopted by European Commission

July 14, 2023

AdExchanger | New US Privacy Rules For Sensitive Data: Key Items To Consider For The Rest Of 2023

July 10, 2023

An (Im)Perfect 10: Indiana, Tennessee, Montana & Texas Pass Consumer Privacy Laws

June 16, 2023

The Warnings Were Real: FTC Takes Action Against Ed Tech Company for COPPA Violation

June 1, 2023

Google Makes Changes Ahead of July 1 CPRA Enforcement Date

May 23, 2023

Network Advertising Initiative (NAI) | 2023 Summit “Digital Advertising, Privacy and Regulation: A Panoramic View”

May 17, 2023

Association of National Advertisers | Legal Affairs Committee Webinar | “Stay in Compliance Without Losing Your Edge”

May 11, 2023

Washington is First State to Pass Consumer Health Data Privacy Law

May 3, 2023

New Risks, Regulations and Enforcement in Lending Markets

Mortgage, auto, fintech and student loan market participants are anticipating tougher regulations and increased scrutiny from the Biden administration, and issuers and investors alike are expecting more guidance related to ESG standards. As the economy attempts to normalize, government stimulus will wind down and lenders will likely not be as accommodating to distressed borrowers as they are currently. A return to pre-pandemic norms could be accompanied by rising delinquencies and losses, which will attract more scrutiny at the federal and state levels. How will you prepare for and interpret additional requirements on your practices from the government? How will these impending changes impact profitability and future growth in the markets?

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Latest Insight

Westlaw Today | Valuation and Regulation Risks and Opportunities in Commercial Real Estate

September 21, 2023

ProPublica | Wall Street Bet Big on Used-Car Loans for Years. Now a Crisis May Be Looming.

September 13, 2023

Structured Credit Investor | Skid Marks: Subprime Auto ABS Shows Sign of Pain

August 24, 2023

Subprime Auto: Cracks in the Road Starting to Show

July 31, 2023

Structured Credit Investor | Litigation Looms: Investor Disputes to Rise as CMBS Valuations Decline

July 27, 2023

Commercial Observer | How Valuation and Materiality Become Catalysts for CRE Litigation

July 12, 2023

Talking Compliance and Risk with Davis+Gilbert Partner Joseph Cioffi

June 28, 2023

The Wall of Maturities Looms in the Shadow of Bank Failures. What’s Next for Commercial Real Estate?

June 14, 2023

Will Another Bank Fail? Identifying Legal and Business Risks from Banking Turmoil

May 23, 2023

It Could Happen Again: What to Know If There is Another Bank Failure

March 22, 2023

New Workforce Models Come With New Risks

The COVID-19 pandemic has forced companies to reinvent how their workforce works. Employers must now envision what makes sense going forward. Will a return to office mandate cause employees to leave? Can your company operate effectively with a hybrid model? Regardless of your answer, complying with federal and state laws requires new policies and training. Have you changed your insurance coverage for a remote work model? How will the use of new remote work technologies impact your document retention policies? These are just a few of the issues that need attention — fast.

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Latest Insight

New York County Lawyers Association | “Pay Equity and Pay Transparency in New York and Beyond”

May 23, 2023

New Requirements for NYC Employers as Omicron Spreads

December 8, 2021

OSHA COVID-19 Vaccination and Testing Rules for Large Employers are Paused by Legal Challenges

November 18, 2021

ThinkLA | Return To Work: Discussion and Townhall

October 21, 2021

Davis+Gilbert Labor + Employment Webinar | Navigating Employee Accommodations: Vaccination Policies and Otherwise

October 14, 2021

Workplace Re-Opening Checklist

October 11, 2021

Top 10 Considerations: Document Retention and E-discovery in the Remote Work Environment

October 11, 2021

Cybersecurity and Privacy Risks Rise with Remote Workforce

September 28, 2021

Davis+Gilbert Counsel 2U® Labor + Employment Webinar | Remote Employees, COVID Vaccines and Diversity, Equity & Inclusion: Recent Legal Developments and Best Practices

February 3, 2021

Davis+Gilbert: Back to Business Interdisciplinary Webinar | Reimagining the New Normal: Back to Business 4.0

September 17, 2020

Risk and Reward in Cannabis Financing

The cannabis industry is expected to more than double over the next five years as more states legalize marijuana and pressure mounts to decriminalize at the federal level. While Congress struggles with ways to address competing calls, the social issues that surround cannabis financing and profitability add a layer of complexity to rulemaking and require the coordination of various government agencies. As a result, banks and others seeking to help finance cannabis-related businesses must navigate unprecedented legal pitfalls. Constant review of these changing factors is required to successfully profit in this space. Cannabis Disclaimer

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Latest Insight

What’s Next for Cannabis After MasterCard’s Debit Card Ban?

August 30, 2023

Key Influences on the Cannabis Market in 2023

April 20, 2023

Cannabis-adjacent Bankruptcy Eligibility Update: Significant New Decision

March 1, 2023

BKS Partners Webinar | Minimizing Risk and Maximizing Financing Opportunities in Cannabis

December 6, 2022

Cannabis Financing Market Insights

May 9, 2022

What to Know About ESG and Cannabis

April 9, 2022

New York State Bar Association | Navigating the Legal Pitfalls of Cannabis Financing

February 8, 2022

Westlaw | Fortune or Forfeiture: Real Estate Lending in the Cannabis Space

February 8, 2022

Westlaw Today | State Residency Rules up in Smoke as Cannabis Industry Grows

November 5, 2021

Commercial Mortgage Alert | Cannabis Lender Eyes Securitization

October 22, 2021

The Fine Print: Stay in Compliance without Losing Your Edge

Creativity is the life blood of advertisers, marketers and agencies, constantly developing new ways to reach their audience. At the same time, government regulators like the FTC and state AG’s, along with competitors and the plaintiffs’ bar, continue to create roadblocks with new enforcement initiatives, unprecedented class actions claims and competitive challenges. The legal landscape for marketers has never been riskier. How do you find the right balance in business needs and legal risk when advertising new products and services, especially recently regulated products like marijuana? How do you provide practical guidance when there is no precedent for innovative marketing and advertising practices designed to push the creative envelope? Staying carefully ahead of these issues is essential in order to achieve market dominance.

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Latest Insight

FTC Names Senior Executives in Suit Against Amazon for Use of “Dark Patterns” in Prime Enrollment Scheme

September 28, 2023

Exposing the Truth Behind Deepfakes in Political Ads

September 25, 2023

The Deep Dive: FTC Updates Endorsement Guides for Modern Marketing and Advertising

July 11, 2023

14 Years in the Making: FTC Unveils Updated FTC Endorsement Guides

June 29, 2023

Aspirational Green Claims: NARB Finds Net Zero Claims Unsupported

June 28, 2023

A Prime Example of Dark Patterns? FTC Sues Amazon for Use of “Dark Patterns” in Prime Enrollment

June 26, 2023

The Warnings Were Real: FTC Takes Action Against Ed Tech Company for COPPA Violation

June 1, 2023

Talking Trash: Takeaways from FTC Workshop on Recyclable Claims

May 31, 2023

Association of National Advertisers | Legal Affairs Committee Webinar | “Stay in Compliance Without Losing Your Edge”

May 11, 2023

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

April 17, 2023

Uptick in Consumer Class Actions as Online Purchases Grow

COVID-19 has rapidly changed consumer behavior, as people spend more time at home and shop online. This has led to an uptick in allegations of online false advertising, unfair or deceptive trade practices and consumer fraud. Have you updated how you are interacting with your customers online? How are you staying in compliance with the various consumer protection statutes at both federal and state levels as business moves online? How do these potential suits impact customer trust and brand reputation? Guarding your business against such actions should remain top of mind as there is no sign of filings slowing down.

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Latest Insight

Association of National Advertisers | Legal Affairs Committee Webinar | “Stay in Compliance Without Losing Your Edge”

May 11, 2023

Court Enforces Arbitration Clause in In-Home Services App Agreement

October 11, 2021

Supreme Court Narrows Definition of Autodialer in Facebook Ruling

April 2, 2021

Subscription-Based Marketers Should Prepare for NY’s New Automatic Renewal Law

February 5, 2021

“Grand Finale?” — Supreme Court to Address the Definition of “Automatic Dialer” Under the TCPA

September 30, 2020

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