November 17, 2017 Last month, a federal district court in Los Angeles refused to dismiss a putative class action lawsuit filed against Asahi Beer U.S.A., Inc. (“Asahi”) amidst allegations that the brewery’s Asahi Super Dry beer labels are deceiving consumers. How can a brewery lawyer help keep craft breweries on schedule and legally compliant?

November 14, 2017 After months of struggling under the weight of competing interests, Connecticut’s Governor recently signed into law a State budget that includes provisions for the legalization and regulation of daily fantasy sports.   Those in the industry should view this development as a welcome surprise, as it had long been anticipated that the prolonged…

November 13, 2017 Last week, the trademark lawyers for Coachella Music Festival, LLC and the famous music and arts festival’s producer, Goldenvoice, LLC (collectively, “Coachella”), asked a Los Angeles federal district court to hold a would-be film festival organizer in contempt of court for purportedly refusing to comply with Coachella’s previously granted motion for preliminary…

November 8, 2017 Last week, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) issued a statement questioning the marketing practices of certain cryptocurrency companies and the celebrities and social media influencers who endorse their virtual currencies. What should influencers know about the SEC’s recent warning?

November 2, 2017 Pennsylvania recently became the 17th state to legalize paid-entry fantasy sports contests when Governor Tom Wolfe signed a bill into law that also includes provisions for poker and other casino-style games.  The law includes important regulations for fantasy sports operators that wish to do business in the Commonwealth. What are Some Key…

October 27, 2017 Fantasy Sports Opinion Letters Are Required by Banks, Payment Processors and Credit Card Companies Although the proposed merger between FanDuel and DraftKings (the two largest daily fantasy sports service providers) was recently called off, the fantasy sports industry continues to thrive and evolve.  Over the past couple of years, over a dozen…

October 26, 2017 On October 23, 2017, the Federal Trade Commission (“FTC”) issued a policy enforcement statement providing new direction regarding the application of the Children’s Online Privacy Protection Rule (“COPPA”) to the collection of audio voice recordings online.  COPPA compliance requirements generally apply to operators of online services that are either directed to children…

October 24, 2017 A federal court recently rejected Alarm.com’s efforts to have claims against it dismissed in a Telephone Consumer Protection Act (“TCPA”) lawsuit.   The TCPA lawsuit against Alarm.com seeks redress for alleged aggravation and intrusion of privacy resulting from the receipt of more than 75 Alarm.com product-related calls. What were the allegations contained in…

October 19, 2017 Mobile App Sweepstakes Are an Effective Tool for Business Owners Businesses are increasingly looking to harness two of the most dynamic means of consumer interaction, mobile applications (or “apps”) and social media, in connection with marketing sweepstakes and other promotional offerings to existing and prospective customers.  In conjunction with this trend, there…

October 18, 2017 Last week, the Food and Drug Administration (“FDA”) issued finalized guidance regarding the distribution of free samples of e-cigarettes and other tobacco products. What do e-cigarette marketers need to know about product sampling, coupons and other promotions?

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