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Liability Advertising

Hogan Lovells

EU digital advertising: IAB Europe and the allocation of liabilities for the TCF

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On May 14, 2025, the Belgian Market Court delivered a landmark ruling regarding IAB Europe’s role in the Transparency and Consent Framework (TCF). The Court confirms that TC Strings qualify as personal data and that IAB...more

Loeb & Loeb LLP

In Our "Wellness Retreat" Era. But First, the Paperwork.

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These days, the explosive growth of the wellness industry—fueled by increased consumer interest in healthy lifestyle choices—presents a prime opportunity for brands to showcase their offerings through “wellness retreats” with...more

Segal McCambridge

Fifth Circuit Ruling: Section 230 Does Not Shield Salesforce from Sex-Trafficking Claims

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The United States Court of Appeals for the Fifth Circuit recently affirmed a pivotal decision allowing sex-trafficking victims to proceed with their lawsuit against Salesforce, Inc., despite Salesforce’s attempt to invoke...more

Pierce Atwood LLP

Five Ways Social Media Can Land Your Company in Legal Hot Water

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Social media can be a powerful business tool to connect with customers, but improperly managing your social media platforms can lead to costly mistakes, PR nightmares, and even legal troubles. Whether you’re a small business...more

Hinch Newman LLP

The FTC and Multi-Party Liability

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The FTC often initiates enforcement actions seeking to hold companies responsible for consumer injury caused by others or in which they directly participated in the misconduct. FTC CID and investigation attorney previously...more

Vondran Legal

G&G Closed Circuit Events Default Judgments Can be Risky Business

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We get a lot of questions about whether it is better to pay a large settlement to boxing piracy companies like Joe Hand Promotions, J&J Sports Production and G&G Closed Circuit Events. This blog seeks to provide important...more

Stikeman Elliott LLP

In the Green Zone: Navigating the Competition Act’s New Greenwashing Provisions

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The new prohibition against greenwashing under the Competition Act took effect on June 20, 2024, while private actions for deceptive marketing practices will take effect next year. This prohibition merely codifies existing...more

Husch Blackwell LLP

Will FTC’s New Endorsement Guidelines Dent Usage of Social Media Influencers in 2024?

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In May 2022, when the Federal Trade Commission (FTC) proposed updates to its Guides Concerning Use of Endorsements and Testimonials in Advertising (Guides), it had been 13 years since the Guides were updated. Much has changed...more

White & Case LLP

ESG liability and litigation risks with a focus on Germany: Greenwashing

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The European Commission ("Commission") is relentless in its fight against Greenwashing and the misrepresentation of sustainability impacts or benefits of a company’s products or actions. Following the global ESG trend and the...more

Hinch Newman LLP

FTC Attorney Tips for Ad Agencies and Review Sites Concerning Proposed Endorsement Guide Rule

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The comment period on the FTC’s proposed rule regarding the use of endorsements and testimonials in advertising ended September 26, 2022. The Request for Comment approved by the Federal Trade Commission in May 2022 sought...more

Holland & Knight LLP

FTC Set to Update Endorsement Guides on Social Media Advertising

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The Federal Trade Commission (FTC) is poised to issue updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides) following a comment period on the proposed changes. This Holland & Knight...more

Faegre Drinker Biddle & Reath LLP

Ho, Ho, Ho … Hold On … Did Legal Approve That?

The holidays are upon us — and so too are holiday advertising campaigns. With an unusual holiday season last year, many retailers are gearing up for what they hope to be a robust holiday season. Even with concerns over supply...more

Pillsbury - Internet & Social Media Law Blog

Can You #Hashtag the Liability Away?

Social Media has gone from frontier to “settled land of influencers” when it comes to brand promotion. In 2020, social media ad revenues reached $41.5 billion, making up nearly 30 percent of all internet and ad revenue. The...more

Carlton Fields

Ninth Circuit Finds No Coverage Under Advertising Liability Policy for Walmart’s Floor Display of Goods and Services Supplied by...

Carlton Fields on

In Hybrid Promotions LLC v. Federal Insurance Co., the Ninth Circuit Court of Appeals determined that an advertising liability policy issued to Hybrid did not apply to an advertising “arrangement” created by Walmart’s...more

Gibney Anthony & Flaherty, LLP

SHOP Safe Act of 2020: Making E-Commerce Companies Liable for Counterfeits

The House of Representatives recently introduced the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce (SHOP Safe) Act of 2020. The bipartisan bill incentivizes e-commerce platforms to adopt best...more

Lowndes

How to Minimize Your Legal Risk of a Sweepstakes Game

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Many businesses are using sweepstakes in their marketing efforts. While sweepstakes are a unique and creative way to engage potential customers, sweepstakes are subject to many local, state, and federal laws and regulations....more

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