ArticleMusic >> What's Going On? Another Marvin Gaye Lawsuit Tests The Limits Of Copyright ProtectionJust when you thought it was over, another copyright infringement lawsuit involving a Marvin Gaye song is set for trial. United StatesIntellectual PropertyDavis+Gilbert LLP
ArticleChange Comes Slowly For Alcohol BrandsLarge and small alcohol brands are pursuing a similar marketing strategy of emphasizing brand history or craftsmanship in an attempt to appeal to consumers' increasing desire for authenticity...United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
ArticleFDA Continues Crackdown On Cosmetics Marketing Claims, And Microbead Ban BeginsRegulating cosmetics continues to be an important priority for the Food and Drug Administration (FDA)...United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
PodcastFighting Dark Patterns – Regain Your Free Will Online | How Are Businesses Navigating The Dark Patterns Maze? (Podcast)Advertising + Marketing partner Paavana Kumar sat down with Marie Potel-Saville, founder of FairPatterns, to discuss the evolution of dark patterns and regulators' increased focus on deceptive online practices.United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
ArticleSocial Media / Influencer Marketing / Native Advertising >> A Must "Follow": Stricter Groundwork For Influencer MarketingThroughout 2018, regulators and self-regulators stayed focused on deceptive influencer marketing campaigns and native advertising practices across the United States.United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
ArticleEU Data Protection Authorities Issue Guidance On U.S. - EU Safe HarborIn the wake of the decision from the Court of Justice of the European Union deeming the Safe Harbor program invalid, businesses have been clamoring for guidance from regulators regarding how they will interpret and react to the case.United StatesPrivacyDavis+Gilbert LLP
ArticleOCC Action Touches Off Fintech Turf WarBeneath all the excitement surrounding the fast-growing "fintech" industry has been a more practical question: who, exactly, is going to regulate this new breed of enterprise?United StatesTechnologyDavis+Gilbert LLP
ArticleSports >> German Challenge Further Thaws Olympics "Rule 40" Advertising RestrictionsThe International Olympic Committee's (IOC's) "Rule 40" has long restricted athletes from appearing in advertising for companies that are not official sponsors of the Olympics.GermanyMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
ArticlePrivacy & Data: Regulatory Updates >> Lawmakers React To New Technology Trends With Updates And AmendmentsFederal and State Updates: In 2017, the Federal Trade Commission (FTC) continued to focus on data collection and information security practices, calling for more nuanced consent ...United KingdomPrivacyDavis+Gilbert LLP
ArticleEmployee Relations Law Journal | Hands On Or Hands Off: A Plan Sponsor's Guide To Picking A Section 3(21) Investment Advisor Or Section 3(38) Investment ManagerUnder the Employee Retirement Income Security Act of 1974 (ERISA), fiduciary responsibility lies at the heart of retirement-plan governance. The statute imposes on plan sponsors the duties of loyalty...United StatesEmployment and HRDavis+Gilbert LLP
ArticleNew York County Lawyers Association Amicus Curiae Podcast | A Conversation Ending Forced Arbitration Of Sexual Assault & Sexual Harassment Act Of 2021Jessica Cortes, was featured as a guest on New York Country Lawyers Association's Amicus Curiae Podcast episode entitled "A Conversation – Ending Forced Arbitration of Sexual Assault & Sexual HarassmentUnited StatesEmployment and HRDavis+Gilbert LLP
ArticleAdvertising, Marketing & Promotions: 2015 Lessons Learned/2016 Practical Advice - Alcohol >> For Alcohol Brands, New Is Not Always BetterIn 2015, a contentious "new" alcohol product — Palcohol "powdered alcohol" — was, somewhat surprisingly, approved for labelling and sale by the U.S. Alcohol and Tobacco Tax and Trade Bureau, setting off a chain reaction among the states to counteract the TTB's approval.United StatesFood, Drugs, Healthcare, Life SciencesDavis+Gilbert LLP
ArticleBrexit's Impact On European Union TrademarksThe United Kingdom (UK) left the European Union (EU) on January 31, 2020 after mutual ratification of the Withdrawal Agreement, thus making "Brexit" official.United StatesIntellectual PropertyDavis+Gilbert LLP
ArticleBut Only My Facebook Friends Can See That! Social Media And Privacy Settings In DiscoveryNo matter how strict the privacy settings, Facebook can turn a user’s life into an open book. The Stored Communications Act, prohibits an entity, such as Facebook and MySpace, from disclosing information posted by users to their private pages without the account owner’s consent. United StatesIntellectual PropertyDavis+Gilbert LLP
ArticleTrademark >> Courts And USPTO Analyze Hashtags, With Varying ResultsIn the social media world, hashtags are ubiquitously used by the general public, marketers and their agencies.United StatesIntellectual PropertyDavis+Gilbert LLP
ArticlePracticing Law Institute's Hot Topics In Advertising Law Conference 2022Ashima A. Dayal, Davis+Gilbert Advertising + Marketing partner, will Co-Chair the Practicing Law Institute's "Hot Topics in Advertising Law 2022."She will be speaking in three sessions:...United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
ArticleVirtual Reality >> As Augmented Reality Engagement Increases, Novel Legal Issues AriseWhile both technologies still show great potential, the pace of evolution and rate of adoption of virtual reality (VR) and augmented reality (AR) ...United StatesTechnologyDavis+Gilbert LLP
ArticleEmployee Relations Law Journal | Non-Quantitative Treatment Limitations Comparative Analysis: What Plan Fiduciaries Need To KnowOn September 9, 2024, the U.S. Departments of Health and Human Services (HHS), Labor, and the Treasury (HHS, Labor, and the Treasury, collectively, the Departments) issued final rules...United StatesEmployment and HRDavis+Gilbert LLP
ArticleCalifornia To Require Registration For Cause Marketing CampaignsNew state regulations will dramatically overhaul the way retailers and advertisers must approach cause marketing activities in California starting June 12, 2024.United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP
Article"Click-to-Cancel" Might Be Back Online: FTC Submits Draft Advance Notice Of Proposed RulemakingThe FTC has sent a draft ANPRM on the Negative Option Rule to OIRA for review, a step that may lead to publication and a public comment period.United StatesMedia, Telecoms, IT, EntertainmentDavis+Gilbert LLP