Michael Cannata and Frank Misiti wrote, “There’s Coverage for That? The ‘Ins and Outs’ of Personal and Advertising Injury Coverage” for the Summer 2025 issue of USLAW Magazine. The story explains “personal and advertising”...more
On July 13, 2023, The Washington Post broke the news that the Federal Trade Commission (FTC) had issued a Civil Investigative Demand (CID) — a sort of a pre-litigation subpoena as part of what is supposed to be a nonpublic...more
As a surprise to many, the Washington Redskins recently announced that it will be changing its 87-year old name. This decision comes after recent events that sparked nationwide discussions about race and caused various...more
We’ve said it before, and we’ll say it again: NAD does not have a great sense of humor when it comes to false disparagement dressed up in a joke. ...more
A recent decision from the Ninth Circuit U.S. Court of Appeals offers a key reminder for public agencies: Even within a nonpublic forum, an individual’s and/or community’s Constitutionally protected freedom of speech cannot...more
A three-judge panel of the Ninth Circuit has ruled that Seattle violated the First Amendment by banning “disparaging” ads on city buses....more
A county violated the First Amendment by refusing to display an advertisement related to global terrorism on its public buses, the U.S. Ninth Circuit Court of Appeals held....more
The Ninth Circuit extended the First Amendment protections enunciated by the Supreme Court in Matal v. Tam, 137 S.Ct. 1744 (2017) to advertising in American Freedom Defense Initiative, et al. v. King County (9th Cir. Sept....more
In This Issue: - Vermont Takes Aim at Data Brokers - Roca Labs Pushes Back Against FTC’s Gag Gag - Settlement in Movie-Candy Class Conflict - Outlet Deal or No Deal? - OXO gets NAD to give DKB an H2O TKO...more
It is no secret that advertising litigation involving FDA-regulated products has been on the uptick in recent years. What is less known is that there have been significant developments in case law that may help advertisers...more
This volume summarizes related bodies of law – false advertising, commercial disparagement, and defamation – that govern the conduct of business communications. It sets forth elements, damages, and related defenses for each...more
Advertising injury liability coverage offered under commercial general liability (“CGL”) policies is aimed at protecting companies against claims, often brought by competitors, alleging harm by purportedly derogatory...more
Hartford v. Swift imposes “specificity” requirements that may provide comfort to companies facing disparagement claims while requiring careful navigation to trigger CGL policies. The California Supreme Court recently...more
On June 12, 2014, the California Supreme Court, in Hartford Casualty Ins. Co. v. Swift Distribution Inc. 59 Cal. 4th 277 (2014), issued its long awaited opinion affirming an appeal of a ruling that at first blush appeared to...more
On June 12, 2014, the California Supreme Court issued its decision in the closely watched case of Hartford Casualty Insurance v. Swift Distribution, Inc., S207172. I reported on the Court of Appeals decision last year on...more