February 15, 2018 In 2012, the State of Colorado legalized the recreational use of marijuana within its borders.  Shortly thereafter, marijuana advertising laws were enacted in the State. What are some of Colorado’s most notable marijuana advertising laws?

February 14, 2018 The National Collegiate Athletic Association (the “NCAA”) recently boxed out sweepstakes app provider Kizzang LLC (“Kizzang”) and its principal in a trademark lawsuit filed in connection with the planned name of Kizzang’s 2017 college basketball-themed promotional contest. Why should operators in the contest and sweepstakes space think twice before launching a new…

February 8, 2018 A multi-million dollar settlement agreement of a nationwide Telephone Consumer Protection Act (“TCPA”) fax class action lawsuit has been presented to a federal judge in Massachusetts for approval. What was the nature of the TCPA fax class action lawsuit and the agreed upon settlement?

February 7, 2018 This Monday, the newly-minted Massachusetts Cannabis Control Commission (the “Commission”) kicked off six days of public hearings across the Commonwealth in anticipation of the rollout of new marijuana advertising restrictions that will become effective this spring. What are some of the key provisions contained in the draft regulations?

February 5, 2018 Last week, a number of vape shops represented by the Pacific Legal Foundation (“PLF”) filed federal lawsuits around the country challenging e-cigarette marketing restrictions contained in the Food and Drug Administration’s (“FDA”) 2016 “Deeming Rule.” How can e-cigarette manufacturers, vape shops and related marketing affiliates avoid problems with regulators?

January 29, 2018 Last week, a federal district court in Illinois refused to dismiss a putative class action lawsuit filed against Red Parrot Distribution, Inc. (“Red Parrot”) amidst allegations that the pharmacy supplier’s fax advertisements violated the Telephone Consumer Protection Act (“TCPA”). The subject fax TCPA lawsuit was filed by Camp Drug Store, Inc. (“Camp Drug Store”) –…

January 26, 2018 New omnibus gaming legislation has been introduced to the Massachusetts State Senate which, if enacted, will significantly affect fantasy sports operators conducting business in the Commonwealth.  Introduced with an eye towards preparing for potential legalized sports gambling in the event that New Jersey prevails in its fight against the Professional and Amateur…

January 25, 2018 Over the last two years, there has been an explosion of lawsuits brought under the Americans with Disabilities Act (“ADA”) concerning issues involving website accessibility. These lawsuits have often involved the vision and hearing impaired and concern whether certain websites impermissibly lack assistive technologies for those types of disabilities. The Internet community…

January 22, 2018 The Federal Trade Commission (“FTC” or “Commission”) recently released a 93-page report, which provides evidence lending support to the Commission’s current guidance on established advertising law. What are the key takeaways for native and search advertisers?

January 18, 2018 On January 8, 2018, eHarmony, Inc. (“eHarmony”), one of the largest online dating services in the United States, agreed to settle an automatic renewal lawsuit brought by the District Attorneys of four California Counties, as well as the City of Santa Monica (collectively “the State”). The final judgment was entered by the…

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