Olshan Advertising and Branding Law Groups' Hot Topics - 2023

Happy New Year! As we begin 2023, Olshan’s Advertising and Branding law groups share their list of hot topics that look to be on the horizon this year and should be of particular interest to you.   Read More ›

Olshan Recognized by Media Law International

Olshan’s Advertising, Marketing & Promotions practice group has been named a Tier 2 firm as part of the 2022 release of Media Law International. Read More ›

The Legal 500 Publishes The United States: Pharmaceutical Advertising Q&A

Olshan Advertising & Marketing attorneys have authored a comprehensive Q&A, published by The Legal 500, which can be used as a general key to the legal framework and issues that surround the pharmaceutical advertising law in the United States. The attorneys that contributed to this Q&A include the Chair of Advertising, Marketing and Promotions Group Andrew Lustigman and attorneys, Safia Anand, and Morgan Spina. 

Click here for The Legal 500: Pharmaceutical Advertising Comparative Guide:United States: Pharmaceutical Advertising Q&A

Telemarketing Restrictions During a State of Emergency

With the federal government and most states under a state of emergency due to the COVID-19 pandemic, telemarketers should be aware of laws that restrict telemarketing calls during a state of emergency.   Read More ›

The In-House Lawyer Publishes The United States: Pharmaceutical Advertising Q&A

Olshan Advertising & Marketing attorneys have authored an extensive Q&A, published by The In-House Lawyer which can be used as a general key to the legal framework and issues that surround the pharmaceutical advertising law in the United States. Read More ›

VISA Has Issued Updated Policies for Merchants Offering Free Trials or Introductory Promotions

Visa has announced that to enable greater transparency, choice, and control for customers, effective April 18, 2020, it is updating its Policy for Subscription Merchants Offering Free Trials or Introductory Promotions.   In an effort to help merchants comply with these new policies, Visa has created a Trial Subscription Quick Reference Card and a Reminder Notice with answers to frequently asked questions.  While not binding as a regulatory matter, compliance with Visa’s policies is important under companies’ merchant processing agreements. Read More ›

The FTC Issues New Resources for Influencers: “Disclosures 101 for Social Media Influencers”

Influencer marketing is one of the most popular marketing tools for companies in today’s market.  Influencers can make substantial sums of money for just one post.  While this is a great way for influencers to earn a living and for companies to get their message across to today’s consumers, there are risks involved with social media marketing if not executed properly.  The Federal Trade Commission (“FTC”), among other responsibilities, works to stop deceptive advertising.  As we have previously reported, everyone involved in social media marketing needs to be sure that influencers comply with the FTC’s Enforcement Guidelines  (the “Guidelines”). Read More ›

The California Department of Alcoholic Beverage Control Issues Advisory on Club Renewals

On June 17, 2019, the California Department of Alcoholic Beverage Control (the “Department”) issued an Industry Advisory to its licensees in the alcoholic beverage industry regarding club renewals (the “Advisory”).  The purpose of the Advisory is to alert its licensees to the legal requirements for subscription services or other purchasing agreements, which commonly operate in the alcoholic beverage industry as wine clubs, beer-of-the-month clubs and spirits clubs.  The Advisory notes that when consumers sign up for these clubs and agree to receive future shipments or deliveries of wine, beer or spirits, they effectively become subscribers to the licensee’s offering of products.  To the extent these memberships are creating a paid subscription or purchasing agreement that is automatically renewed, the clubs must comply with California and Federal statutes that regulate such purchasing arrangements.  Read More ›

Will The New Do Not Track Act Become Federal Law?

On May 20, 2019, Senator Josh Hawley, the Junior Senator from Missouri, announced that he will introduce the Do Not Track Act to aid consumers in controlling their personal data.  The Do Not Track Act is similar to the national “Do Not Call” list, which gives individuals the power to block online companies from collecting data beyond what is necessary for their online services. Read More ›

Kawhi Leonard Sues Nike Over the KL2 Logo

Kawhi Leonard, an NBA player who plays for the Toronto Raptors, sued Nike on June 3, 2019 in the U.S. District Court for the Southern District of California, Case 3:19-cv-01035-BAS-BGS, seeking declaratory relief of non-infringement and a declaration that he created and owns the KL2 logo: , that Nike did not author the logo and has no rights to the logo, that Nike is not entitled to copyright registration of the logo and that Nike defrauded the Copyright Office by intentionally misrepresenting the author of the logo.  Read More ›