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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.
Showing 47 posts in Privacy.
New Privacy Laws in the United States for 2023
Starting in 2023, several new privacy laws go into effect in California, Virginia, Colorado, Connecticut, and Utah. These laws apply not only to businesses based in those states but to any business that meets certain thresholds and collects, stores, or processes personal information from any residents in those states. Penalties for non-compliance with these laws can be steep. Read More ›
Law360 Quotes Mary Grieco on Apple’s New App Tracking Transparency Framework
Olshan Intellectual Property/Brand Management and Protection partner Mary Grieco was quoted in a recent Law360 article (subscription required) entitled “Apple’s App Tracking Shift Seizes On ‘Spirit’ Of Privacy Laws.” Read More ›
IP Talk Blog Features Mary Grieco on CJEU Privacy Shield Invalidation
Olshan Intellectual Property/Brand Management and Protection partner Mary Grieco was featured on IP Talk, the news blog of Inlex IP Expertise, a French industrial property law firm focusing on trademarks, domain names and data protection. Read More ›
Virginia Poised to Become Second State to Pass Comprehensive Consumer Privacy Legislation
Following the lead of California, Virginia is set to become the second U.S. state to enact comprehensive consumer privacy legislation. Virginia Governor Ralph Northam is expected to sign the Consumer Data Protection Act (“CDPA”) into law, which will go into effect on January 1, 2023. As it may take businesses some time to make sure they are in compliance by the January 1, 2023 effective date, it is recommended that businesses review their current privacy practices and make any necessary changes. Read More ›
Olshan Branding Management and Protection Attorneys Present Webinar on Marketing in the COVID-19 Era to the Bronx Third Avenue BID
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. Read More ›
New York Law Journal Publishes Article on Avoiding Viral Promotion Malfunctions by Lustigman and Spina
The New York Law Journal published an Expert Opinion article authored by attorneys Andrew Lustigman and Morgan Spina, entitled “Avoiding Viral Fashion Promotion Malfunctions.” Read More ›
Andrew Lustigman Quoted in The Legal Examiner on the Class Action Lawsuit Filed Against TikTok
Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in The Legal Examiner on the recent class action lawsuit filed against TikTok by a group of parents who are suing the social media app under allegations that it illegally collects and shares identification information to send to China. Read More ›
New York SHIELD Act
While much attention has been focused on the new sweeping California privacy law, the California Consumer Privacy Act (CCPA), other laws governing the handling and protection of personal data by businesses have been passed without nearly as much fanfare. One such law is the New York Stop Hacks and Improve Electronic Security Data Act, also known as the SHIELD Act. Although not nearly as broad as the CCPA, the SHIELD Act may affect any person or business that collects, uses, and/or stores “private information” from a New York resident. Under the SHIELD Act, any such person or business must implement adequate security measures, set forth in the Act, to protect “private information” of New York residents. The Act also outlines the steps that must be taken by a business to notify affected individuals of any security breach in which “private information” was or is reasonably believed to have been compromised. Read More ›
Lustigman, Grieco, Shaffer, and Spina Contribute Four Guidance Notes on Direct Marketing in OneTrust DataGuidance
Advertising, Marketing & Promotions practice chair Andrew Lustigman, Intellectual Property/Privacy partner Mary Grieco, AMP partner Scott Shaffer, and associate Morgan Spina authored four Guidance Notes on direct marketing in California recently published in the prestigious OneTrust DataGuidance (subscription required). The first, entitled “California – Emarketing,” covers both the state and federal legislation, as well as regulatory guidance from the Federal Trade Commission, concerning emarketing. In the second, “California – Telemarketing,” the authors examine the numerous pieces of state and federal legislation governing telemarketing, including the “Automatic Dialing Law” and the “Unwanted Calls Law.” The third, entitled “California – SMS/MMS Marketing,” discusses various state and federal laws on SMS/MMS, including the Telephone Consumer Protection Act, and the consent requirements that advertisers must follow when using these services. In the fourth, “California – Postal Marketing,” the authors explore various state and federal laws on postal marketing, such as California’s “Mail Solicitation Law” and the federal “Deceptive Mail Act.”
Andrew Lustigman, Mary Grieco and Morgan Spina Contribute Chapter in OneTrust DataGuidance
Advertising, Marketing & Promotions partner Andrew Lustigman, Intellectual Property partner Mary Grieco and associate Morgan Spina authored a chapter entitled, “USA – Cookies & Similar Technologies” in a recent publication included in the prestigious OneTrust DataGuidance (subscription required). The chapter covers the current laws and information regarding the use of cookies and third parties on the Internet.