March 16, 2016 This Tuesday, the Federal Trade Commission (the “FTC” or “Commission”) announced that it has prospectively reached a settlement with Lord & Taylor, LLC (“Lord & Taylor”) over charges of deceptive advertising in connection with alleged paid Instagram product endorsements for Lord & Taylor’s 2015 Design Lab clothing collection. What legal precautions should sellers…

March 14, 2016 Last Wednesday, Time Inc.’s “Sports Illustrated” brand and sweepstakes app provider Kizzang LLC (“Kizzang”) announced their upcoming $25 million College Basketball Bracket Challenge. With potential prizes in the millions (or billions) of dollars, how can sweepstakes sponsors minimize their legal risk?

March 11, 2016 The Chairman of the Federal Communications Commission (“FCC” or “Commission”) has circulated a notice of proposed rulemaking designed to fundamentally alter the guidelines dictating the online privacy rights of consumers.  The full FCC will vote on the proposal at the end of March, at which time, if passed, the public would be…

March 11, 2016 Yesterday, the Federal Trade Commission (“FTC”) announced that it has commenced an action against KFJ Marketing, LLC, Sunlight Solar Leads, LLC and Go Green Education and an officer of each of the three (3) mentioned companies, respectively (collectively, “Defendants”), for violations of the FTC’s Telemarketing Sales Rule.  The complaint, filed in the…

March 8, 2016 This week Virginia Governor Terry McAuliffe signed into law the Fantasy Contests Act. The law represents first of its kind state regulation of fantasy sports contests and operators. Intended to put in place consumer protections and functional guidelines for operators, the law will exempt licensed fantasy sports contests from the State gambling…

March 4, 2016 A “work made for hire” (sometimes referred to as a “work-for-hire”) is a work created by an employee as part of her/his job and, in some limited circumstances, where all parties agree in writing that work created by an independent contractor should be considered a work-for-hire. Works made for hire are deemed…

March 3, 2016 In today’s technology-driven economy, it is almost impossible to operate a successful business without the assistance of a merchant processing company to facilitate customer and/or client payments. This is true whether payments are initiated at brick-and-mortar stores, on e-commerce websites or via mobile-based applications. Given merchant processors’ integral role both in sustaining…

February 1, 2016 Last Friday, the U.S. Court of Appeals for the Eighth Circuit upheld a Minnesota federal district court’s grant of summary judgment in favor the National Football League (the “League” or “NFL”) regarding the rights of publicity of former NFL players with respect to certain League film projects. How far-reaching are the implications…

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