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Skadden, Arps, Slate, Meagher & Flom LLP

Cookie Consent: Unpacking the UK ICO’s Proposed New Approach to Online Advertising

- What is new: The ICO is proposing to relax its enforcement of cookie consent requirements, meaning user consent would not be required for lower-risk advertising cookies. - Why it matters: The proposals aim to address...more

Morris, Manning & Martin, LLP

New Laws Regulate How Companies Interact with Children's Data

If your business operates a website or provides online services that collect data about children, you should be aware of expanding legal requirements from U.S. states regulating how private companies interact with minors....more

Troutman Pepper Locke

2025 Mid-Year Review: State AGs in a New Era

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The United States is navigating a new era of regulatory oversight and the balance of power between federal and state regulators following the 2024 election cycle. As federal agencies retreat from and/or realign their...more

Fox Rothschild LLP

FTC Restricts Omnicom-IPG Merger to Prevent Viewpoint-Based Ad Bias

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The Federal Trade Commission approved Omnicom Group Inc.’s approximately $13.5 billion acquisition of The Interpublic Group of Companies, Inc. (IPG) but with strict conditions designed to prevent anticompetitive coordination...more

Orrick, Herrington & Sutcliffe LLP

What the Latest CCPA Settlement Means for Your Compliance Strategy

On July 1, 2025 the California Attorney General announced the largest CCPA settlement to date, totaling $1.55 million. The settlement, which is awaiting court approval, was the result of an investigation by the California...more

Baker Donelson

California AG Secures Landmark Privacy Settlement Over Tracking: What It Means for Your Website

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In a record-setting enforcement action under the California Consumer Privacy Act (CCPA), the California Attorney General (AG) announced a $1.55 million settlement with Healthline Media, a popular online publisher of health...more

K&L Gates LLP

Talking Sports Law: A Conversation with Grecia Barboza, San Francisco 49ers Counsel

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On this episode of Talking Sports Law, host Trevor Gates and co-host John Wilson are joined by Grecia Barboza, Counsel for the San Francisco 49ers (National Football League)....more

Husch Blackwell LLP

Proposed State Privacy Law Update: June 23, 2025

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Keypoint: Texas enacts two amendments to its data broker law while New York’s legislature passes a social media warning bill. Below is the twenty fourth weekly update on the status of proposed state privacy legislation in...more

Coblentz Patch Duffy & Bass

Beyond the FTC: Consumer Class Actions Are Redefining Influencer Marketing Risk

The influencer marketing ecosystem has evolved into a multibillion-dollar engine of digital commerce, delivering measurable ROI to brands across industries. However, as the industry matures, so too does the legal landscape...more

Fenwick & West LLP

DOJ’s Monopolization Wins Against Google May Spur Greater Enforcement Activity Under Trump 2.0

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On April 17, 2025, U.S. District Judge Leonie Brinkema held that Google had violated both Sections 1 and 2 of the Sherman Act by unlawfully monopolizing the publisher ad server and ad exchange markets and engaging in...more

Perkins Coie

Class Action Lawsuit Over Marketing Email Tracking Pixels Dismissed by Federal Court

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Key Takeaways - - At least four courts have now held that retailers using email for marketing are not considered “communication service providers” and therefore are not subject to TUCSRA. - At least five courts have now held...more

Harris Beach Murtha PLLC

Fourth Circuit Confirms: Physical Distance Does Not Avoid Trademark Confusion

The Fourth Circuit Court of Appeals recently issued a decision confirming that using similar names for businesses in the same industry can result in a likelihood of confusion despite the physical distance of the entities. In...more

Baker Botts L.L.P.

CCPA Class Actions Without a Data Breach; Courts Signal a New Litigation Frontier.

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Two recent decisions from the Northern District of California—Shah v. Capital One Financial Corp., No. 24-cv-05985-TLT, 2025 WL 714252 (N.D. Cal. Mar. 3, 2025), and M.G. v. Therapymatch, Inc., No. 23-cv-04422-AMO, 2024 WL...more

BakerHostetler

Not to Change the Subject (Line) ...but Email Marketers May Want to Take Note of a Recent Washington Supreme Court Ruling

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Email marketers will want to take note of a recent Washington State Supreme Court opinion interpreting what constitutes a subject line that is “false or misleading” under Washington’s Commercial Electronic Mail Act (CEMA)....more

Katten Muchin Rosenman LLP

FTC Finalizes Changes to Children's Privacy Rule

On January 16, 2025, the Federal Trade Commission (FTC) issued a press release confirming that it has finalized changes to the Children’s Online Privacy Protection Rule (COPPA Rule). These changes will set new requirements...more

Fenwick & West LLP

Ninth Circuit Upholds Significant Trademark Damages Award

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In a closely monitored appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a $56 million damages award against beverage company Molson Coors in Stone Brewing Co., LLC v. Molson Coors Beverage...more

Troutman Pepper Locke

Misleading Artificial Intelligence Claims by Marketer of Website Accessibility Widget Lead to $1 Million FTC Settlement

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On January 3, the Federal Trade Commission (FTC) issued a press release announcing that accessiBe Inc. and accessiBe Ltd. (collectively, accessiBe) agreed to pay $1 million to settle allegations of deceptive advertising...more

BCLP

TCPA Landscape Set to Shift With Supreme Court's Grant of Certiorari to Mclaughlin Junk Fax Case

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Just a few months after the United States Supreme Court voted 6-3 to overturn the long-standing and widely applied legal precedent known as “Chevron deference,” it has agreed to hear a case that could entirely shift the...more

Mintz

Can a Consumer Plausibly Allege Your Product Labeling is False or Misleading Under California Law?

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California’s consumer protection laws prohibit false advertising, as well as advertising that is “‘either actually misleading or which has a capacity, likelihood, or tendency to deceive or confuse the public.’” These claims...more

Holland & Knight LLP

FTC Cracks Down on Selling Sensitive Location Info, Restricts Use of Consumer Data for 1st Time

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The Federal Trade Commission (FTC) announced two significant enforcement actions last week – one against data broker Mobilewalla, Inc. and the other against data analytics provider Gravy Analytics, Inc. (and its subsidiary...more

Kelley Drye & Warren LLP

FTC Delivers $2 Million Reminder About the Mail Order Rule

On Monday, the FTC announced a court order requiring GOAT – an online marketplace for sneakers, apparel, and accessories – to pay more than $2 million for violating the Mail Order Rule, which requires companies to have...more

Katten Muchin Rosenman LLP

What the Evian "Carbon-Neutral" Ruling Means for Advertisers

In a notable ESG ruling, U.S. District Judge Nelson Roman dismissed a class action lawsuit against Danone Waters of America that had alleged the company deceptively labeled its Evian bottled water as "carbon-neutral." This...more

Morgan Lewis

FTC Moves to Expand AI Deployment Oversight with ‘Operation AI Comply’

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The Federal Trade Commission (FTC) on September 25, 2024 announced Operation AI Comply, targeting what the agency has characterized as the use of artificial intelligence (AI) “to supercharge deceptive or unfair conduct that...more

Fenwick & West LLP

False Claims of Patent Protection Can Be False Advertising Under Lanham Act

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Patented technologies or features can be valuable selling points, setting your products apart from the competition. But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create...more

Harris Beach Murtha PLLC

Keeping Track of AI Regulations Percolating in New York

While states such as Colorado (and, perhaps shortly, California) have led the pack when it comes to AI regulation, the state of New York won’t be left behind. There are currently more than 60 bills pending in New York that...more

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