The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.
Olshan Frome Wolosky LLP announced that the firm has been recognized by The Legal 500 US in its 2022 edition as a Leading Law Firm. The Shareholder Activism practice has been ranked as a Tier One practice, a position it has held since the rankings’ inception, including seven of the practice’s attorneys. The Advertising practice has also again been ranked along with three attorneys. The rankings are based on feedback from clients, peers and The Legal 500’s independent research.
On July 1, 2022, California Assembly Bill 390 will take effect, adding new notice and cancellation requirements to California’s existing Automatic Renewal Law (“ARL”).
Source: NAAG Press Release
The National Association of Attorneys General (“NAAG”) sent a letter to the Federal Communications Commission (“FCC”) on behalf of 41 states’ attorneys general commending the FCC for its leadership in combatting robocalls and sharing their commitment to working collaboratively with the FCC via information-sharing agreements. The lead states in this effort are Colorado, Tennessee and North Carolina.
In a 5-0 decision, New York’s First Appellate Department granted a unanimous win to Olshan partner Scott Shaffer who was representing a California construction company.
Olshan Frome Wolosky LLP has been named a premier law firm for four of the firm’s key practice areas in the prestigious Chambers USA 2022 Guide to America's Leading Lawyers for Business, including honoring the firm with the guide’s highest ranking in the category of M&A Shareholder Activism. Eight Olshan lawyers, including five lawyers in the Shareholder Activist practice, have been named as Leading Lawyers.
Andrew Lustigman, Chair of the firm's Advertising, Marketing and Promotion's Group and Co-Chair of Brand Management & Protection Group, will speak on the panel “Rethinking the Role of Loyalty Programs: Considerations for Food Manufacturers” as part of ACI’s Food Law Conference.
Facebook joins Amazon in pursuing reviews for sale
Facebook, through its parent company Meta, has filed a federal lawsuit against a company that allegedly produces and sells fake reviews and feedback for ads designed to increase an advertiser’s Facebook Customer Feedback Score. The lawsuit was filed in the Northern District of California against Chad Taylor Cowan of Australia, who does business under the name Customer Feedback Score Solutions.
TCPA liability reduced to $500 for Gold’s Gym
A recent ruling out of the Central District of California will prove to be very useful for telemarketers faced with class actions under the Telephone Consumer Protection Act (“TCPA”). In Bustillos v. West Covina Corporate Fitness, Inc., United States District Judge Stanley Blumenfeld, Jr. denied an order seeking class certification where it was clear that the call in question violated the TCPA.
Defendants plagued by failure to include arbitration clause in sweepstakes rules
A class-action lawsuit against an online sweepstakes operator will go forward despite the plaintiffs’ admitted agreement to an arbitration clause. The sweepstakes offered the chance to win $1.2 million in Dogecoin, a type of cryptocurrency. The plaintiffs in the Northern District of California district court action, styled Suski v. Marden-Kane et al., initially agreed to arbitrate all disputes at the time they opened their online accounts with defendant Coinbase Global, Inc.
Russia’s invasion of Ukraine has caused chaos throughout the world and heartbreaking death and suffering to the people of Ukraine. In today’s global economy, the war has also resulted in consequences and instability beyond what is seen on the daily news. With sanctions from most Western countries and Russia’s own actions internally, global brands may begin losing their valuable intellectual property rights in Russia.