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  • Article

    Music >> What's Going On? Another Marvin Gaye Lawsuit Tests The Limits Of Copyright Protection

    Just when you thought it was over, another copyright infringement lawsuit involving a Marvin Gaye song is set for trial.
    United StatesIntellectual Property
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Change Comes Slowly For Alcohol Brands

    Large 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, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    FDA Continues Crackdown On Cosmetics Marketing Claims, And Microbead Ban Begins

    Regulating cosmetics continues to be an important priority for the Food and Drug Administration (FDA)...
    United StatesMedia, Telecoms, IT, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Podcast

    Fighting 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, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Social Media / Influencer Marketing / Native Advertising >> A Must "Follow": Stricter Groundwork For Influencer Marketing

    Throughout 2018, regulators and self-regulators stayed focused on deceptive influencer marketing campaigns and native advertising practices across the United States.
    United StatesMedia, Telecoms, IT, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    EU Data Protection Authorities Issue Guidance On U.S. - EU Safe Harbor

    In 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 StatesPrivacy
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    OCC Action Touches Off Fintech Turf War

    Beneath 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 StatesTechnology
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Sports >> German Challenge Further Thaws Olympics "Rule 40" Advertising Restrictions

    The 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, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Privacy & Data: Regulatory Updates >> Lawmakers React To New Technology Trends With Updates And Amendments

    Federal 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 KingdomPrivacy
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Employee 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 Manager

    Under 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 HR
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    New York County Lawyers Association Amicus Curiae Podcast | A Conversation Ending Forced Arbitration Of Sexual Assault & Sexual Harassment Act Of 2021

    Jessica 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 Harassment
    United StatesEmployment and HR
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Advertising, Marketing & Promotions: 2015 Lessons Learned/2016 Practical Advice - Alcohol >> For Alcohol Brands, New Is Not Always Better

    In 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 Sciences
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Brexit's Impact On European Union Trademarks

    The 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 Property
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    But Only My Facebook Friends Can See That! Social Media And Privacy Settings In Discovery

    No 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 Property
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Trademark >> Courts And USPTO Analyze Hashtags, With Varying Results

    In the social media world, hashtags are ubiquitously used by the general public, marketers and their agencies.
    United StatesIntellectual Property
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Practicing Law Institute's Hot Topics In Advertising Law Conference 2022

    Ashima 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, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Virtual Reality >> As Augmented Reality Engagement Increases, Novel Legal Issues Arise

    While both technologies still show great potential, the pace of evolution and rate of adoption of virtual reality (VR) and augmented reality (AR) ...
    United StatesTechnology
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    Employee Relations Law Journal | Non-Quantitative Treatment Limitations Comparative Analysis: What Plan Fiduciaries Need To Know

    On 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 HR
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    California To Require Registration For Cause Marketing Campaigns

    New 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, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP
  • Article

    "Click-to-Cancel" Might Be Back Online: FTC Submits Draft Advance Notice Of Proposed Rulemaking

    The 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, Entertainment
    Davis+Gilbert LLP
    Davis+Gilbert LLP

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