On January 16, 2025, the Federal Trade Commission (FTC) published its Final Rule officially adopting updates to the Children’s Online Privacy Protection Act (COPPA). For a comprehensive overview of these changes, be sure to...more
With increasing scrutiny on how companies handle personal data of children under 18, several new laws are reshaping the legal landscape. Even companies that may not intend to direct their services to children still need to be...more
The National Advertising Division (“NAD”) has referred two advertising claims made by Charter Communications to the Federal Trade Commission (FTC) after Charter declined to participate in self-regulatory challenges to those...more
On December 20, 2023, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking (Proposed Rule) seeking to update the Children’s Online Privacy Protection Act (COPPA), which would place new restrictions on...more
The ANA Masters of Advertising Law Conference is among the highlights of the year in the world of advertising law. It is the rare legal conference that covers such a broad array of legal issues under one large “advertising...more
On the cusp of the July 4 holiday weekend, the Federal Trade Commission announced revisions to its Endorsement Guides, the first update since its 2009 predecessor. While the revised Endorsement Guides are not vastly different...more
(a/k/a You can’t know where you’re going unless you know where you’ve been) -
For proper business planning purposes, with the turn of the calendar, it’s a good idea to try to project where the world is going....more
Barry M. Benjamin, managing partner of Kilpatrick Townsend’s New York office and chair of the firm’s Advertising and Marketing group, was honored to co-present with Laura Brett, Vice President and New York Office leader at...more
Once a month, we cover an interesting topic in 60 seconds. This month, partners Farah Cook and Barry Benjamin shared their thoughts on some of the best advertising practices for avoiding ESG pitfalls....more
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to co-present with Jessica Hiney, Associate General Counsel with PVH Corp., and Farah...more
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to co-present with Laura Brett, Vice President and New York Office leader at BBB...more
The Federal Trade Commission’s crackdown on misleading and deceptive endorsement practices continues, this time with a set of proposed updates to the Endorsement Guides (the “Guides”). The FTC’s May 19th proposals come hot on...more
Regulatory scrutiny of advertising has ramped up significantly over the past year, and nowhere more so than with (1) environmental, social, and governance (ESG) issues, and (2) social media influencers and the Federal Trade...more
6/17/2022
/ Advertising ,
Best Practices ,
Better Business Bureau ,
Continuing Legal Education ,
Endorsements ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Events ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
NAD ,
Online Reviews ,
Social Media ,
Truth in Advertising
A federal court recently held that a customer could sue ALDI, a national food retailer, for false advertising based on an on-pack claim for a salmon product that read: “Simple. Sustainable. Seafood.” The use of “Sustainable”...more
The Federal Trade Commission is getting even more serious about fake reviews and misleading endorsements. While in recent years the FTC has brought a few enforcement proceedings that resulted in settlements, on October 13,...more
A flurry of news has recently hit the loot box industry. Not only has the FTC finally issued its staff report summarizing the issues addressed at its August 2019 workshop, but a variety of class action lawsuits against gaming...more
With the turn of the calendar, the beginning of the new year, and the collective making of resolutions, it is also a good idea to understand the biggest legal risks that companies may confront in the near- and long-term....more
1/17/2020
/ Advertising ,
Americans with Disabilities Act (ADA) ,
Automatic Renewals ,
Data Collection ,
Data Privacy ,
Design Patent ,
Federal Trade Commission (FTC) ,
Franchises ,
Independent Contractors ,
Public Accommodation ,
State Data Breach Notification Statutes ,
TCPA ,
Website Accessibility
Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at a recent Practicing Law Institute Bridge the Gap program discussing legal issues...more
Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to moderate a panel discussion at the 2019 New York State Bar Association’s Annual Meeting, for...more
Kilpatrick Townsend’s Retail & Consumer Goods Team presented a webinar In the Trenches with Social Media, focusing on risk mitigation and solutions. Led by Barry M. Benjamin, partner in the firm’s New York office and chair of...more
In October, the Digital Advertising Alliance announced that it will commence enforcement of its guidance on cross-device tracking on February 1, 2017. Although the DAA published the guidance in November of 2015, it has...more
Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the 2016 ANA/BAA 38th Marketing Law Conference, held November 9-11, 2016 in...more