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Advertising Law Blog

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.

Federal Court Dismisses Claims Against Coinbase of Illegal Lottery

Sweepstakes entrants’ lack of knowledge of free method of entry insufficient to constitute violation of California Penal Code.

A Northern District of California case styled Suski v. Marden-Kane, Inc. (decided August 31, 2022) has resulted in a significant ruling in the field of sweepstakes law. A sweepstakes sponsored by Coinbase, a popular cryptocurrency exchange, and administered by Marden-Kane offered the chance to win valuable prizes to Coinbase users who bought or sold Dogecoin, a well-known “meme” token, on Coinbase for a total of $100 or more. The sweepstakes offered an alternative method of entry that did not require the trading of Dogecoin or incurrence by the entrants of any other expense. However, this free alternative method of entry was not well-publicized. Read More ›

FTC Proposes Revisions to its Endorsement Guides and .com Guidance

The Federal Trade Commission (“FTC”) is set to issue updates to both its Endorsement Guides and .com Disclosure Guidance. The proposed updates to both guidance documents signifies the FTC’s ongoing attention to online and social media advertising, as the regulator takes steps to bring its guidance into focus with contemporary advertising issues. Read More ›

DOJ Issues Guidance on ADA Website Accessibility

Title III of the Americans with Disabilities Act (the “ADA”), 42 U.S.C. §§ 12181, et seq., prohibits discrimination against individuals “on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation." Among other things, ADA Title III requires places of public accommodation and other commercial facilities—restaurants, movie theaters, hotels, and other businesses—to be designed, constructed, and altered in a manner that permits broad accessibility to persons with disabilities, and provides individuals with a private right of action for discrimination in violation of its regulations. Remedies for discrimination in violation of ADA Title III include injunctive relief compelling compliance with ADA accessibility standards, as well as reasonable attorney’s fees awarded to a successful plaintiff. Read More ›

California Court Considering Awarding $141.5 Million Over Falsely Marketed Health Drink

Juice Joint facing catastrophic liability after jury decides against it on the merits

Faced with a series of class-action lawsuits over its Joint Juice drink, Premier Nutrition Corp. has lost the first jury trial and is now fighting back against what could be a devastating financial blow if it loses a post-trial motion scheduled to be heard next month in the Northern District of California. The company was found by a jury to have falsely touted the health benefits of the drink, so the issue is no longer whether the claims were defensible, but how much the marketer will have to pay to the class of purchasers. Read More ›

Telemarketing Sales Rule May Be Expanded to Cover B2B Conduct

FTC likely to eliminate the exemption

The Federal Trade Commission (“FTC”) is considering a proposed amendment to the Telemarketing Sales Rule (“TSR”) that would broaden the rule’s scope by prohibiting material misrepresentations and false or misleading statements in business-to-business (“B2B”) transactions. Read More ›

Olshan Recognized by The Legal 500 US 2022 as a Leading Law Firm in Shareholder Activism (Tier 1) with Seven Attorneys Ranked, and in Advertising with Three Attorneys Ranked

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. Read More ›

REMINDER: New California Automatic Renewal Law Set To Go Into Effect July 1, 2022

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”).  Read More ›

41 States Commit To Working With FCC Against Robocalls

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. Read More ›

Appellate Court Grants Unanimous Decision on Behalf of Olshan Client

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.  Read More ›

Olshan Named a Leading Law Firm in Shareholder Activism, Advertising, Litigation and Real Estate in Chambers 2022 USA Guide; Eight Lawyers named as Leading Lawyers

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. Read More ›

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