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
AdExchanger | New US State Children’s Privacy Laws Continue To Reshape Digital Marketing
Last year saw a proliferation of US state laws regulating the processing of children’s data. 2025 promises to be just as active, with new rules either already in effect or coming into force later this year. Companies in the ad tech ecosystem should pay attention to the evolving Continue Reading
New York City Bar Association | Marketing and Advertising Law 2025: Navigating the Streams of Complex Technology, Increased Regulations and AI
Quick Details On Wednesday, May 21, Allison Fitzpatrick (Partner, Advertising + Marketing) will participate in a webinar at the New York City Bar Association's Marketing and Advertising Law 2025 conference titled “CARU, COPPA and Children’s Advertising: Best Practices in Determining What’s Continue Reading
Forbes | Will TikTok Be Banned Again? Tech Giants Could Face $850 Billion in Potential Fines as Trump’s Grace Period Creates Uncertainty
Is TikTok here to stay, or will it be banned again? The future of TikTok remains uncertain, with tech companies potentially facing up to $850 billion in fines if current regulations are strictly enforced. Davis+Gilbert Advertising + Marketing partner Jim Johnston was extensively quoted in Forbes, Continue Reading
The FTC Finalizes Amendments to the COPPA Rule
Update as of 4/22/2025 On April 22, 2025, the Federal Trade Commission (FTC) published its finalized Children’s Online Privacy Protection Rule amendments. The new amendments will strengthen the protection of children’s personal information, give parents more control over their children’s data Continue Reading
TikTok is Back! But for How Long? President’s Actions Raise Even More Questions
The Bottom Line Following the U.S. Supreme Court’s decision in TikTok v. Garland on January 17th to uphold the Protecting Americans from Foreign Adversary Controlled Applications Act, TikTok went dark late on January 18th, with an appeal to President-elect Trump to do something – Continue Reading
California’s New Laws Will Change the Way Marketers Engage Child Influencers
The Bottom Line On September 26, 2024, California Governor Gavin Newson signed two pieces of legislation, Assembly Bill 1880 and Senate Bill 764, providing significant protections to children who perform or are otherwise featured in online content. With the rapid rise of child influencers, Continue Reading
New York Adopts Legislation to Protect Kids’ Privacy
The Bottom Line The New York State Legislature has passed two significant laws designed to protect children’s and teen’s privacy: the Stop Addictive Feeds Exploitation (SAFE) for Kids Act and the Child Data Protection Act. Signed by Governor Kathy Hochul on June 20th, the laws will Continue Reading