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Displaying 1 - 10 of 45
Monday, Mar. 30, 2020
R.I.P. Inverse Ratio Rule: Skidmore v. Led Zeppelin
Skidmore v. Led Zeppelin - a case about the opening licks of Led Zeppelin’s Stairway to Heaven - has been wending its way through courts in the Ninth Circuit for the past six years. We now have an en banc decision that provides an exit ramp for the 14th best band of all time (according to Rolling...
Tuesday, Mar. 10, 2020
2020: The Force Majeure Awakens
The coronavirus disease 2019 (“COVID-19”) has shaken up a host of industries, including sports, which by its very nature requires large gatherings of spectators. In the midst of so much uncertainty, properties, sponsors and event producers are weighing public safety concerns with the integrity of...
Monday, Jan. 13, 2020
"Thou Shalt Not" -- Interpreting Morals Clauses in the #MeToo Era
After PBS received an anonymous complaint alleging that television host Tavis Smiley engaged in sexual misconduct, PBS engaged an outside law firm to conduct an investigation into the allegations. Ultimately, PBS decided to suspend its nightly "Tavis Smiley" show. PBS also terminated various...
Thursday, Jan. 9, 2020
What are the FTC's Priorities for 2020?
Keeping with our theme of predictions for 2020, here's a quick recap of some of the issues that the folks at the Federal Trade Commission are telling marketers to look out for in the coming year. Consumer privacy -- Having brought record-breaking cases in the last year, marketers should expect that...
Monday, Dec. 30, 2019
Some Legal Tips for 2020 From Frankfurt Kurnit's Advertising Group
As the year comes to a close, we wanted to share with you our thoughts about some of the key issues to keep in mind for 2020. So, here are some tips from many of the members of the Frankfurt Kurnit Advertising Group . Mma Afoaku -- If 2019 is a clue about things to come, you should expect to see...
Friday, Dec. 20, 2019
Can You Promote a Product as "Made in the USA" if the Product Packaging is Foreign-Made?
When you advertise that your product is "Made in the USA," do you have to take into account whether the product packaging was made in the United States? That was the issue in a recent lawsuit brought in federal court in California against the J-B Weld Company, which makes a variety of epoxy...
Thursday, Nov. 21, 2019
Watch out for New York Sales Tax When "You Go to B&H”
New York’s Attorney General, Letitia James, has sued B&H Foto & Electronics Corp., one of the country’s largest independent photo and video equipment retailers (B&H), claiming that B&H knowingly failed to pay New York sales tax due on at least $67 million received from electronics...
Tuesday, Nov. 12, 2019
How to Comply With New York's New Harassment Rules That Are Taking Effect Now
Dramatic changes in New York’s sexual harassment laws are effective now, or will go into effect shortly. New York employers will have to adapt and take some important steps to comply. Here’s a summary of what all New York employers need to know. Effective October 11, 2019 Harassment can be based on...
Friday, Nov. 1, 2019
Federal Labeling Laws vs. State False Advertising Laws: The Ongoing Preemption Battle
Readers of this column know that we frequently cover cases where a defendant claims that its compliance with various federal labeling requirements preempts a state law false advertising claim. The defendant’s argument often fails. (See here , here , here , and here ). In today’s post, we’ll look at...
Tuesday, Oct. 22, 2019
Facebook Announces Additional Measures To Protect the Upcoming U.S. Elections
Yesterday, Facebook announced that it was taking additional steps to prevent the social media platform from being used to interfere with next year's elections in the United States. Notwithstanding recent criticism by Elizabeth Warren and others, these measures do not include any fact-checking of...