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  • Article

    NAD >> The NAD Takes On Health And Fitness Fads (And A Few Kardashians In The Process)

    Every year brings with it a new set of health and fitness fads, and a new set of opportunistic marketers seeking to take advantage of consumers' never-ending desire to look and feel their best.
    United StatesMedia, Telecoms, IT, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Native Advertising: Here To Stay, And So Are Regulators

    The native advertising trend is showing no signs of slowing down.
    United StatesMedia, Telecoms, IT, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Political Advertising >> Political Advertisers Campaign To Avoid Transparency And Disclosures

    Political candidates and their supporters have been projected to spend a record $11.4 billion on advertising during the election cycle ending on Tuesday, November 8, 2016.
    United StatesMedia, Telecoms, IT, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Self-Regulation Meets Self-Mediation

    Revisions to the challenge and appeal process recently introduced by the National Advertising Division of the Council of Better Business Bureaus are making proceedings before the NAD considerably more efficient...
    United StatesMedia, Telecoms, IT, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Mobile / Digital / Programmatic >> Privacy, Transparency And Quality Issues Drive Changes In Digital Marketing

    Throughout 2018, publishers, marketers and agencies will continue to employ new technologies, products and services to address evolving consumer privacy, advertiser transparency and brand safety issues.
    United StatesPrivacy
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Blockchain Technology Poised To Disrupt Digital Advertising

    Blockchain technology, the basis of cryptocurrencies such as Bitcoin, took off in 2017 across a wide array of industries, and is poised to make significant strides in digital advertising in 2018.
    United StatesTechnology
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Subscription-Based Marketers Should Prepare For NY's New Automatic Renewal Law

    As more and more marketers take to the Internet to provide goods and services in this post-pandemic era, subscription-based offerings are on the rise.
    United StatesConsumer Protection
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    The Paycheck Protection Program "Necessity Certification" — The Review, Safe Harbor And Potential Penalties

    On May 13, 2020 the Small Business Administration (the SBA) updated its guidance related to the "Necessity Certification" required to be made in connection with a Paycheck Protection Program (PPP) loan application.
    United StatesCorporate/Commercial Law
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    A Regulatory Rewind: Department Of Labor Proposes Return To Trump-Era Independent Contractor Analysis

    The DOL has proposed returning to a Trump-era "economic realities" test that places heavy weight on two core factors: the nature and degree of control over the work and the worker's opportunity for profit or loss.
    United StatesEmployment and HR
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Employee's Receipt Of Additional Severance After Voluntarily Resigning Supports Enforcement Of Noncompete Agreement

    The enforceability of noncompete agreements is a perennially buzzworthy topic in New York and across the country. Generally, New York courts will enforce a noncompete agreement only to the extent that it is reasonable...
    United StatesEmployment and HR
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    New Federal Law Limits Enforceability Of Predispute Nondisclosure And Nondisparagement Clauses Related To Sexual Harassment

    The Speak Out Act (the Act), which imposes limits on the judicial enforcement of predispute nondisclosure and nondisparagement provisions as they relate to sexual harassment and sexual assault,...
    United StatesEmployment and HR
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    New York State Department Of Labor Releases Updated Model Sexual Harassment Prevention Policy And Training Guidance

    The New York State Department of Labor (NYSDOL) recently released its updated model sexual harassment prevention policy and training materials (including a script and slide deck, which can be found here).
    United StatesEmployment and HR
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Do You Strive To Make Aspirational Benefit Claims? Lessons Learned From Recent Decisions

    Environmental marketing claims have been a focus of regulatory, self-regulatory, and class action activity. While claims about past or present environmental benefits clearly require sufficient...
    United StatesEnvironment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Don't Be Bamboozled By Environmental Benefit Claims

    The FTC recently announced that it has reached a $2.5 million settlement with Kohl's and a $3 million settlement with Walmart for allegedly making misleading representations that textile products...
    United StatesEnvironment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Entertainment >> Right Of Publicity And The Rise Of True Crime

    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.
    United StatesMedia, Telecoms, IT, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Federal Trade Commission Proposes New "Made In The USA" Labeling Rule

    The Federal Trade Commission (FTC) recently issued a staff report and proposed a Made in USA Labeling Rule (Proposed Rule) in an effort to strengthen the FTC's enforcement program and make...
    United StatesMedia, Telecoms, IT, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    What To Consider When Launching A Cause Marketing Campaign

    The war in Ukraine has led to Europe's worst refugee crisis since World War II; more than 3 1/2 million civilians have already been displaced, and some observers expect the number to reach five million...
    United StatesMedia, Telecoms, IT, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    California Privacy Protection Agency Delays Release Of CPRA Regulations

    While businesses are eager to implement new compliance steps to meet the requirements of the CPRA and other new privacy laws...
    United StatesPrivacy
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    The Garden State Has A New Privacy Law (You Got A Problem With That?)

    On January 16, 2024 Governor Phil Murphy signed into law New Jersey Senate Bill 332 (SB332). The new law will go into effect on January 15, 2025.
    United StatesPrivacy
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Kim Kardashian And Floyd Mayweather Sued Over Cryptocurrency Promotions

    Cryptocurrency companies are subject to various federal laws and may be regulated by a number of federal agencies, including the Securities and Exchange Commission.
    United StatesTechnology
    Davis+Gilbert LLP
    Davis+Gilbert LLP

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