On August 1, a San Francisco jury used the California Invasion of Privacy Act (CIPA) to deliver a groundbreaking verdict in the Flo menstrual app case against Meta, establishing a viable blueprint for future privacy cases against Big Tech. CIPA, passed in 1967, was originally designed to protect Continue Reading
Digiday | Mediavine Joins the Growing — Albeit ‘Long Shot’ — Movement To Regulate AI and Protect Publisher Content
AI-generated overviews and search tools are disrupting traffic-based ad revenue models, prompting media companies to push for regulation to protect their content. Gary Kibel, a partner in the Privacy, Technology + Data Security Practice Group at Davis+Gilbert, was quoted in Digiday speaking on Continue Reading
Privacy Daily | Minnesota’s Comprehensive Privacy Law Takes Effect, Includes Novel Right to Question
Minnesota’s new comprehensive privacy law that took effect Thursday, July 31, includes several unique and uncommon requirements, such as requiring companies to allow consumers to question their automated decisions. But many of the law's stipulations are already considered best practices. Zachary Continue Reading
Ad Age | B2B Brands and Influencers Aren’t Meeting Ad Disclosure Rules — Here’s What They Risk
As business-to-business influencer marketing continues to grow, so do the complaints surrounding brands and influencers failing to meet Federal Trade Commission (FTC) disclosure rules. Samantha Rothaus, a partner in the Advertising + Marketing Practice Group at Davis+Gilbert, shared insights with Continue Reading
Bloomberg Law | Click-to-Cancel’s End Won’t Stymie Subscription Renewal Scrutiny
The vacated Click-to-Cancel rule doesn’t signal the end for subscription-related enforcement actions – the FTC has several other tools at its disposal to pursue companies for unfair or deceptive practices. Paavana Kumar, a partner in the Advertising + Marketing Practice Group at Davis+Gilbert was Continue Reading
CNN Business | A New TikTok App May Be Coming. Here’s What We Know So Far
TikTok’s owner ByteDance is reportedly developing a separate version of the app for the United States to comply with U.S. law and avoid a full ban — a move that could reshape the platform’s core experience. Jim Johnston, a partner in the Advertising + Marketing Practice Group at Davis+Gilbert, Continue Reading
Bloomberg Law | States Move To Add Mental Health Warning Labels to Social Media
With courts striking down age-verification and parental consent laws, states are turning to a new strategy – requiring mental health warning labels on social media platforms. But tech industry groups claim these measures violate the First Amendment. Gary Kibel, a partner in the Privacy, Continue Reading
FTCWatch | Legal, Regulatory Woes Could Mark New Era for Influencers
Brands are increasingly partnering with influencers who have millions of followers, and the “creator economy” could surpass advertising spending on traditional formats such as TV, audio, print and film. However, as influencer marketing becomes a vital part of the advertising industry, a new wave of Continue Reading
Yahoo! Finance | Anne Wojcicki’s Bid To Buy Back 23AndMe May Not End a Legal Fight Over DNA Customer Data
Anne Wojcicki has reclaimed control of 23AndMe through a successful bid by TAMM Research Institute, a nonprofit controlled by Wojcicki – but this move could bring a new set of unique challenges. Gary Kibel, a partner in the Privacy, Technology + Data Security Practice Group at Davis+Gilbert, was Continue Reading
The Washington Post | Genetic Data Will Be Safeguarded With 23andMe Sale, Drugmaker Vows
Regeneron Pharmaceuticals has confirmed its acquisition of 23andMe’s DNA testing business – ensuring customers they will continue to offer the popular DNA service and adopt the company’s standing privacy policies to safeguard customer data. While it’s common for customer data to transfer due to an Continue Reading