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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

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

May 11, 2022

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

January 27, 2022

Kim Kardashian and Floyd Mayweather Sued Over Cryptocurrency Promotions

January 13, 2022

FTC Sends Notices of Penalty Offense to More Than 700 Companies

October 15, 2021

CARU Releases Revised Children’s Advertising Guidelines

August 16, 2021

Children’s Advertising Review Unit’s (CARU) Virtual Conferences 2021 | Kidfluencers: 2021’s Youth Influencer Trends and Challenges

June 8, 2021

Westlaw | SAG-AFTRA Welcomes the Influencer

April 30, 2021

That Post Could Cost You: Copyright Infringement Claims Continue for Social Media Posts

October 6, 2020

#Goals: Using Social Media without Getting Sued

October 6, 2020

Mixed Reality: Navigating Influencer and Native Advertising in a Virtual World

October 6, 2020

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

Fireworks spelling out the year 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

Bright Ideas | Puff Puff Passing Off: Chronic Trademark Issues in the Growing Industry of Legal Cannabis

September 14, 2021

Marijuana Legalization Has Other States Green with Envy

May 6, 2021

ViacomCBS Issues Advertising Guidelines for Its Adult Directed Networks

April 15, 2021

Davis+Gilbert Counsel 2U® Advertising + Marketing Webinar | Guiding You Through the Weeds: Hot Topics in CBD and Cannabis Advertising

March 18, 2020

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 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

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

November 17, 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

Yellow stars in a diagonal line
Zero Stars: FTC and NAD Will Not Permit Consumer Review Suppression

February 16, 2022

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

January 27, 2022

Negative Option Marketing

January 10, 2022

FTC To Focus on Subscription Services — Hints at Taking Action Against “Dark Patterns”

November 10, 2021

CCPA Enforcement Priorities Include Loyalty and Rewards Programs

November 4, 2021

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

February 5, 2021

Intellectual Property Law Section: Annual Meeting 2021 | Hot Topics in Advertising & IP for E-tailers

January 20, 2021

FTC Action Regarding Violations of the Restore Online Shoppers’ Confidence Act and Deceptive Commercial Practices Results in $10 Million Dollar Settlement

October 13, 2020

E-Tailers Beware: Regulators Are Drilling Down on Negative Option Marketing

October 6, 2020

Davis+Gilbert Counsel 2U® Advertising + Marketing Webinar | From Retail to E-Tail: Key Legal Issues for Retailers in a Digital World

June 10, 2020

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

Medical technician with COVID-19 test
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

Workplace Re-Opening Checklist

October 11, 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

New York Law Journal | Preparing for a Legal and PR Crisis After Company Vaccine Mandates

October 6, 2021

Cybersecurity and Privacy Risks Rise with Remote Workforce

September 28, 2021

SAG-AFTRA and JPC Allow for Mandatory Vaccine Policies on Production Sets

September 27, 2021

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

Male college swimmer competing
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

Counsel 2U® Advertising + Marketing Webinar | Making Sure Your Sports Sponsorships Are on Target Post-Pandemic

June 10, 2021

Regulators and Businesses Are Racing to Fill the Collegiate NIL Void

December 3, 2020

Score! College Athletes Will Soon Cash in on Their Name, Image and Likeness

October 6, 2020

A Game of Inches: Measuring Sports Sponsorship Value and Planning for a Post-Covid World

July 28, 2020

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

Media item displaying Connecticut Becomes Fifth State To Pass Comprehensive State Privacy Law
Connecticut Becomes Fifth State To Pass Comprehensive State Privacy Law

May 11, 2022

Utah Consumer Privacy Act Joins the Growing List of Comprehensive State Privacy Laws

March 28, 2022

AdExchanger | Surveillance Advertising: How Did The Advertising Industry Allow This Label?

March 21, 2022

California Privacy Protection Agency Delays Release of CPRA Regulations

February 25, 2022

UK Issues New Model Clauses for International Data Transfers

February 17, 2022

EU Regulators Rule Ad Tech Industry’s TCF Framework Violates GDPR

February 3, 2022

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

January 27, 2022

The Top 5 Privacy Issues to Watch for in 2022

January 6, 2022

CCPA Enforcement Priorities Include Loyalty and Rewards Programs

November 4, 2021

ICSC+U.S. Law Conference | Privacy and Data Security: E-Notaries, E-Closings and Evolving State Laws

November 4, 2021

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

Watch-Face
Insolvency + Finance Webinar | Subprime Auto: Reflections on 2021 and Expectations for 2022

January 27, 2022

Private Litigation Proliferation in Crypto World

December 12, 2021

Westlaw | Can Regulators Pursue Lenders for Subprime Auto Defaults?

August 12, 2021

Regulators Are Coming, but Can They Corral the Crypto Multiverse?

August 8, 2021

Perspectives on 2021: Subprime Auto Optimism and Regulation on the Horizon

June 24, 2021

Westlaw | Biden Administration Signals Change in Direction for Subprime Auto Regulations

June 17, 2021

Subprime Auto: Participants’ Expectations Moving on From 2020 (360° Market Study of Subprime Auto Participants)

June 2021

The OCC’s Crypto Charter Craze

May 27, 2021

Of Forgiveness and Forbearance in Student Loan ABS

May 2, 2021

Under the Hood of Subprime Auto: The Timing’s Right for Introspection

April 2, 2021

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

Medical technician with COVID-19 test
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

Workplace Re-Opening Checklist

October 11, 2021

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

October 11, 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

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

Cannabis Financing Market Insights

May 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

Regulatory Challenges to Cannabis Financing

September 30, 2021

Top 5 Questions Regarding Cannabis Financing

September 29, 2021

Key Considerations for Cannabis Borrowers

September 28, 2021

Law360 | NY Debt Enforcement Alternatives for Cannabis Lenders

September 23, 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

Green stalks of bamboo
Don’t Be Bamboozled by Environmental Benefit Claims

April 20, 2022

What To Consider When Launching a Cause Marketing Campaign

March 23, 2022

Zero Stars: FTC and NAD Will Not Permit Consumer Review Suppression

February 16, 2022

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

December 6, 2021

FTC Dings Coloring Book App for Drawing Outside COPPA Privacy Lines

August 2, 2021

FTC Can No Longer Seek Monetary Penalties for Violations of Unfair or Deceptive Practices

May 11, 2021

Marijuana Legalization Has Other States Green with Envy

May 6, 2021

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

February 5, 2021

American Bar Association Webinar | You’ve Come a Long Way, Baby! NAD at 50 and a Look Back at Advertising Self-Regulation

January 27, 2021

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

Man-using-cell-phone
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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