Advertising law Blog

Olshan Branding Management and Protection Attorneys Present Webinar on Marketing in the COVID-19 Era to the Bronx Third Avenue BID

Andrew B. Lustigman, Scott Shaffer, Mary L. Grieco — Thu, 10 Dec 2020 09:00:01 -0500

Olshan Advertising partners Andrew Lustigman and Scott Shaffer, along with Olshan Intellectual Property partner Mary Grieco—all of whom are members of Olshan’s Brand Management & Protection Practice Group—will present a webinar entitled “Marketing in the COVID-19 Era” for the Bronx Third Avenue Business Improvement District on December 16 at 9am. Areas to be covered include ecommerce marketing, advertising claims, social media marketing, and data privacy, followed by a Q&A.

The Legal 500 Publishes “United States: Pharmaceutical Advertising” Q&A by Lustigman and Spina

Andrew B. Lustigman, Morgan E. Spina — Wed, 02 Dec 2020 09:00:02 -0500

The Legal 500 published a Q&A authored by attorneys Andrew Lustigman and Morgan Spina, entitled “United States: Pharmaceutical Advertising”

New York Enacts Comprehensive Automatic Renewal Law Modeled After California Law

Andrew B. Lustigman, Morgan E. Spina — Wed, 25 Nov 2020 09:00:03 -0500

The client alert addresses how New York has now joined other states with some of the most burdensome automatic renewal laws, enacting a sweeping law that regulates automatic renewal disclosures and cancellation procedures.

Olshan’s Advertising Practice Provides Pro Bono Support to COVID-19 and Racial Equality Fundraiser

Andrew B. Lustigman — Wed, 18 Nov 2020 09:00:04 -0500

Olshan’s Advertising, Marketing & Promotions Practice is providing pro bono legal support on a sweepstakes run by In Good Taste, a fundraising initiative whose goal is to help ease the suffering caused by COVID-19 and racial inequality.

Law360 Publishes Article by Scott Shaffer on Recent TCPA Rulings that Benefit Companies Facing Robocall Claims

Scott Shaffer — Thu, 22 Oct 2020 09:00:05 -0400

Law360 has published an article authored by advertising partner Scott Shaffer entitled “Charter TCPA Ruling May Benefit Cos. Facing Robocall Claims.” In the article, Mr. Shaffer analyzes a recent ruling, Creasy v. Charter Communications Inc., which held that a significant portion of the Telephone Consumer Protection Act (TCPA) is unenforceable for violations occurring between November 2015 and July 6, 2020.

Another Court of Appeals Rules Against the FTC on Disgorgement Issue

Scott Shaffer — Thu, 08 Oct 2020 09:00:06 -0400

Court reverses award of $448 million in ill-gotten gains

The Court of Appeals for the Third Circuit rejected a district court’s award of $448 million against a pharmaceutical company in a lawsuit brought by the Federal Trade Commission (FTC). In an antitrust case styled FTC v. AbbVie, Inc. (decided on September 30, 2020), the Third Circuit ruled that district courts lack the power to order disgorgement under the FTC Act. While the Third Circuit ruled in favor of the FTC on other issues in this case, the reversal of the disgorgement award the FTC is the focus of this blog entry.

Federal Trial Court Rules Against Enforcement of TCPA Claims from 2015-2020

Scott Shaffer — Wed, 07 Oct 2020 09:00:07 -0400

Ruling could have broad implications on thousands of pending cases

A federal district court has ruled that the Telephone Consumer Protection Act (TCPA) is unenforceable for violations occurring between November 2015 and July 6, 2020. The trial court in Creasy v. Charter Communications, in the Eastern District of Louisiana on September 28, 2020, dismissed all asserted TCPA violations alleged to have occurred before July 6, 2020 because a portion of the TCPA was unconstitutional until the Supreme Court “fixed” it on that date.

Webinar - Retail Marketing Compliance in Post-COVID Era

Wed, 23 Sep 2020 09:00:08 -0400

Our fast-moving webinar discussed key issues involving marketing and business practices in the current environment.

Dark Patterns: FTC Reaches $10 Million Settlement with Children’s Online Learning Program over Marketing and Subscription Practices

Andrew B. Lustigman, Morgan E. Spina — Tue, 15 Sep 2020 09:00:09 -0400

Online children’s education company Age of Learning, Inc., also doing business as ABCmouse, has agreed to pay $10 million to settle the FTC’s charges that it made it difficult and confusing for subscribers to cancel their memberships. The settlement highlights the importance of a compliant subscription enrollment pathway, including readily-accessible cancellation processes. It also highlights a growing focus by regulators and others on “dark patterns” online marketing techniques.

Federal Enforcement against Marketers Making Allegedly Deceptive Coronavirus-Related Health Claims

Andrew B. Lustigman, Morgan E. Spina — Tue, 15 Sep 2020 09:00:10 -0400

As we have previously reported, like other regulators, the FTC has been quick to take action against companies that it believes are seeking to take advantage of the coronavirus pandemic. The FTC has sent warning letters to approximately 300 companies that it has alleged were making unsubstantiated or potentially misleading claims about products related to the coronavirus. Recently, the FTC has taken decisive action against a company to which it has previously sent a warning letter, alleging that such company has continued to make deceptive and misleading advertising claims in spite of the FTC’s warning.