The Bottom Line The Fair Pay to Play Act is the latest effort in an ongoing battle to reform collegiate athletics. It threatens to upend the NCAA’s efforts to preserve the ideals of amateurism by allowing student athletes to profit from their own name, image and likeness rights. Many argue that Continue Reading
IAB Provides Framework for CCPA
The Bottom Line As the ad tech industry struggles with how to comply with CCPA opt-out requests come January 1, 2020, the Interactive Advertising Bureau has proposed an industry framework to allow consumer opt-outs exercised on a publisher’s site to flow down to ad tech partners, thereby Continue Reading
California Legislature Passes Five Bills Amending the CCPA
The Bottom Line With a January 1, 2020 effective date looming, companies have been clamoring for clarity on the CCPA.These five amendments that were just passed by the legislature (assuming that they will be signed into law by the Governor, who has until October 13 to do so) will certainly help, Continue Reading
California Legislature Passes Bill Redefining Independent Contractor Test
Update California Assembly Bill 5, which goes into effect on January 1, 2020, was signed into law by California governor Gavin Newsom on September 18, 2019. The Bottom Line The new California bill is intended to curb the misclassification of independent contractors, makes it more difficult Continue Reading
Was Missguided Misguided? Kim Kardashian West Obtains $2.7 Million Judgment in Right of Publicity and Trademark Suit
The Bottom Line A celebrity’s most valuable asset is likely their name and likeness. As the Kardashian case illustrates, many celebrities are being targeted by third parties who use their names and images without their permission when promoting products or services. There are a number of steps Continue Reading
California and New York Ban Workplace Hair Discrimination, While New Jersey and Michigan Propose the Same
The Bottom Line California, New York State and New York City have implemented prohibitions on workplace policies that restrict haircuts, hairstyles or hair textures that are linked to a particular racial group. California and New York employers should take a close look at their workplace policies 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
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
Right of Publicity and the Rise of True Crime
6th Edition: Trends in Marketing Communications Law Among the many high-profile entertainment industry headlines in 2018, one case in particular stands out for its impact on the rising trend of “true crime” entertainment. Olivia de Havilland, a leading lady during Hollywood’s “Golden Age,” sued Continue Reading