The first public enforcement action for CCPA violations may cause Sephora to makeover its data collection policies. California’s Attorney General announced a settlement with Sephora, Inc. (Sephora), the giant cosmetics and beauty product retailer. According to the complaint, Sephora allegedly failed to provide its customers with adequate notice of the sale of their personal information, didn’t provide a “Do Not Sell” link, and didn’t provide the requisite two ways to opt out of the sale of the data or honor opt out requests. Further, they did not fix the issues within the thirty (30) day cure period under the CCPA.
Read MoreFor us mere mortals, it’s mid-March. But for the Hollywood crowd, it’s Awards Season. The Academy of Motion Picture Arts and Sciences just announced updated rules on using its coveted #Oscars, which is great news for advertisers. Whether you’re doing real-time marketing during the actual awards show, pushing out social or digital content, or implementing any other marketing using #Oscars, context is going to be key to determining if your use is appropriate. Have legal take a look...
Read MoreYou've got to accentuate the positive…..eliminate the negative. This doesn’t apply in the case of consumer reviews, however. The FTC case against Fashion Nova showcases the dangers (and expense) of not using consumer reviews in accordance with the FTC Act.
Read More2021, another doozy, is thankfully in the rearview mirror. The end of the year brought a slew of advertising law activities (among other chaos), from Covid related scams to the pipeline of privacy rules that will directly affect advertising and data gathering. 2022 is poised to be another busy one. Here are my recommendations on what you should be on the lookout for as we get into the new year.
Read MoreMy 14 year old once told me the best way to communicate with someone is by using an emoji. As an English major this sentiment is of course worrying but as an advertising lawyer, her comments are closer to the truth of advertising than they used to be. Take this recent case where the National Advertising Division considered whether the use of an emoji actually constituted an advertising claim.
Read MoreCompetition in the fashion industry is fierce, and companies are always looking for ways to stand out. Here’s a rundown of what you need to know about trademarks in the fashion industry and how you can go about getting what you need to protect your brand, designs, and products.
Read MoreThe shift toward a sustainable fashion industry cannot go unnoticed. Designers must begin to adapt their production methods and design practices to meet consumers' wants and needs.
Read MoreIn 2017, the Fyre Festival (the brainchild of promoter Billy McFarland and rapper, Ja Rule) was supposed to be a huge, luxury, exclusive music festival on a private island in the Bahamas.
Read MoreThere is one new “must-have” everyone should have in their closets by now. It surfaced during the pandemic and could become as indispensable as your favorite bag.
Read MoreThis slow down of regular life has also forced us to see where the cracks in the system are - whatever your “system” is. From an advertising law standpoint, we too have had to address some cracks in the system. We now filter traditional, established advertising law principles, through the lens of a pandemic.
Read MoreWith so many folks in need, and so many businesses rising to the occasion to help, we see more and more brands focus on offerings that also create a donation opportunity to a charitable organization.
Read MoreIf you were like me, the start of 2020 was downright jarring. Here we are in April and I’m learning to let go of my default plan-ahead nature and go hour by hour. 99% of the headlines – regardless of your industry - start with the words “Covid-19.”
Read MoreFor those of you just getting comfortable with the CCPA, California’s privacy law that just went into effect, hold on to your hats because a new storm of privacy regulations is about to be unleashed.
Read More‘Twas two weeks before Christmas, and all through the town, every lawyer was working on their yearly count down. The bills had been sent to clients with care, in hopes that the checks would fly through the air. And me at my desk, Amazon prime on the way, I had just settled down to write a new blog for that day. Then out in the foyer, there arose such a clatter…For your reading enjoyment, here’s the December Ad Matter.
Read MoreThe pitch process can be a swamp of legal ambiguity. Pitches are based on ideas, and it’s hard to protect ideas. In a real-life example, Betty, Inc. sued PepsiCo in the Southern District of New York, for copyright infringement claiming that Pepsi took ideas from a concept pitched by Betty in 2014 (but rejected).
Read MoreIt seems that holiday season starts earlier and earlier every year. Christmas candy in the aisle before the pumpkins are off our porches. Tinsel everywhere before we can even say “pass the turkey”. It’s a perfect time for influencers and marketers to make sure they’re following FTC rules.
Read MoreDeception. Disguise. Tricks or Treats. Tiks and Toks. Welcome to the Halloween Edition of the Ad Matter. Read boo-low for some scary Ad Law headlines (and even scarier puns).
Read MoreIn my last blog, I wrote about the crucial role a legal resource can play in a company’s rebranding efforts. This post accompanies that post as I explore a little more about how legal can assist in a smooth rebrand transition.
Read MoreAs an attorney working with creative clients, I am a huge proponent of having legal involved in the creative process. Whether it’s at the brainstorm session or at the pitch, a lawyer can provide a completely new perspective on a creative problem or solution, help identify risk, and ensure legal compliance in a creative campaign.
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