The Bottom Line The Supreme Court’s decision took away one of the FTC’s most valuable tools in enforcing Section 5 of the FTC Act, and may take a toll on monetary relief that the FTC can obtain in the near term.However, between the FTC’s other monetary remedies and proposals in Congress to codify Continue Reading
A Banner Year for Online Political Ads in a Socially-Distanced Reality
The Bottom Line Although the future of some state laws governing online political advertising is uncertain, at this time, many states still have laws governing online political advertising in effect, and state attorneys general are eager to enforce these regulations. In addition, the DAA has Continue Reading
Score! College Athletes Will Soon Cash in on Their Name, Image and Likeness
7th Edition: Trends in Marketing Communications Law 2019 witnessed a landmark change in one of the most controversial matters plaguing college sports: the National Collegiate Athletic Association (NCAA) rule prohibiting student-athletes from accepting compensation for the use of their name, image Continue Reading
The Legal Loophole for Online Political Advertising (Barely) Starts to Close
7th Edition: Trends in Marketing Communications Law With COVID-19, the nationwide call for racial justice, and the battle for the Supreme Court dominating the news, it has been easy to lose track of the fact that the U.S. Presidential election is just over one month away. To get voters to focus Continue Reading
Patent Troll Activity Likely to Continue to Rise
7th Edition: Trends in Marketing Communications Law For nearly half a decade, patent troll suits have been on the decline. Indeed, as we reported last year, the Supreme Court has gone out of its way to curb the worst patent troll abuses in order to protect innovators and call the viability of Continue Reading
Senators Urge the FTC to Investigate “Privacy Violations” by Adtech Companies
The Bottom Line Some lawmakers and regulators are clearly seeking to step up the heat on data collection and usage practices in the Adtech industry. All participants in the online advertising ecosystem should carefully consider the privacy practices of any service that they provide or Continue Reading
After 20 Years, COPPA Shows No Signs of Slowing Down
6th Edition: Trends in Marketing Communications Law Last year marked 20 years since Congress passed the Children’s Online Privacy Protection Act (COPPA). Fittingly, the Federal Trade Commission (FTC) kicked off 2018 by settling two back-to-back cases with companies alleged to have violated COPPA. Continue Reading
President Trump Signs the Music Modernization Act Into Law
The Bottom Line The Music Modernization Act is getting a lot of press, and for good reason: it is one of the most significant updates to music law in decades. While the impact of the MMA will primarily be felt by DSPs, artists and songwriters, the creation of the Mechanical Licensing Collective and Continue Reading
Supreme Court Seeks to Curb the Worst Abuses of the Patent System
5th Edition: Trends in Marketing Communications Law Congress, commentators and a wide variety of industry leaders have long noted that the patent system was broken. Besieged by a tide of weak patents and baseless patent troll litigations, these stakeholders argued that the current patent climate Continue Reading
All Bets Are Off (or On): SCOTUS Strikes Down Federal Ban on Sports Betting
The Bottom Line The Supreme Court held 6-3 that federal law prohibiting states from enacting sports betting schemes was an unconstitutional "commandeering" of state law issues by the federal government. In striking down the prohibition, the Court paved the way for states to decide for themselves Continue Reading