6th Edition: Trends in Marketing Communications Law Throughout 2018, regulators and self-regulators stayed focused on deceptive influencer marketing campaigns and native advertising practices across the United States. In an action against Creaxion Corporation, a public relations agency, and Continue Reading
Data Security Legislation Is on the Rise — Marketers and Their Agencies Must Be Vigilant About Their Controls
6th Edition: Trends in Marketing Communications Law 2018 saw a surge of state data security legislation, including by Alabama, Arizona, California, Colorado, Iowa, Louisiana, Nebraska, Ohio, Oregon, South Carolina, South Dakota, Vermont and Virginia. These laws are intended to enhance and Continue Reading
Led by California, U.S. State and Federal Lawmakers Increasingly Focus on Consumer Privacy
6th Edition: Trends in Marketing Communications Law The California Consumer Privacy Act The California Consumer Privacy Act (CCPA), a comprehensive state privacy law that was passed and amended in 2018, is at the forefront of a rapidly changing privacy landscape in the United States. The CCPA Continue Reading
Patent Troll Suits Down, Not Out in 2018
6th Edition: Trends in Marketing Communications Law Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress passed the America Invents Act (AIA), which established the Patent Trial and Appeal Board (PTAB) to Continue Reading
The NAD Exposes Hidden Fees
6th Edition: Trends in Marketing Communications Law As a regulatory force in its own right, the National Advertising Division (NAD) makes waves whenever it brings a challenge on its own behalf against a major advertiser. And, with recent leadership changes for the Advertising Self-Regulatory Continue Reading
What’s Going On? Another Marvin Gaye Lawsuit Tests the Limits of Copyright Protection
6th Edition: Trends in Marketing Communications Law Just when you thought it was over, another copyright infringement lawsuit involving a Marvin Gaye song is set for trial. The dust had barely settled on the infamous “Blurred Lines” case when a second suit, this time targeting Continue Reading
Big Data and Big Questions
6th Edition: Trends in Marketing Communications Law The use of biometric and location data has been on the rise for several years, but the expanded uses of this data must be reevaluated in light of the associated risks and evolving legal regimes. Although the use of biometric data is nothing new Continue Reading
State Attorneys General Take the Reins in Policing Deceptive Advertising
6th Edition: Trends in Marketing Communications Law It can be easy to focus solely on the Federal Trade Commission (FTC) when evaluating the regulatory landscape for advertising and marketing practices. But with the FTC still ramping up its new commissioners, who were sworn in between May and Continue Reading
The Newest Ingredients in Cosmetics: CBD and Probiotics
6th Edition: Trends in Marketing Communications Law Cannabidiol (CBD) appears to be everywhere lately — available as an additive in certain food and drink products, as an oil meant to be used as a dietary supplement and even in cosmetics. But despite the widespread popularity and excitement over Continue Reading
The Role of Artificial Intelligence
6th Edition: Trends in Marketing Communications Law The use of artificial intelligence (AI) in the fashion and beauty industries — and the marketing of the same — has steadily gained traction over the last few years and it’s not hard to see why. AI provides a myriad of opportunities and potential Continue Reading