Intellectual Property Clearances

Why are Intellectual Property (IP) clearances so important to every business? From an Advertising Law point of view, it is important to run such clearances to attempt to avoid lawsuits for copyright and/or trademark or even patent infringement. From a business perspective, IP clearance need to be done before incorporating to make sure that your […]

Are you CCPA Compliant?

CCPA Compliant? CCPA enforcement begins July 1, 2020! So, what does that mean to your business? 1. Is your privacy policy updated? 2. Is your point of collection notice ready and deployed? 3. Is your record keeping CCPA compliant? 4. Have you trained your employees on how to be CCPA compliant? Questions/comments? Contact me Best […]

False Advertising under FINRA

The Financial Industry Regulatory Authority (FINRA) reached a settlement with a registered broker-dealer for having “…overstated its trading volume in numerous securities it had advertised through Bloomberg, L.P…..”  According to the settlement agreement, “[o]verstatements of a broker-dealer’s advertised trading volume can therefore mislead market participants with respect to which broker-dealers are most active or possess […]

Is Free REALLY FREE?!

If a company offers a “FREE TRIAL” then charges the consumer not only for the cost of shipping, but also for the cost of the product, it is NOT FREE!!! Unfortunately, many companies use “negative options marketing” to deceive consumers by illegally signing them up for ongoing monthly subscriptions plans without their consent. Recently, the […]

False Advertising Leads to Lawsuits

The law requires that when launching a marketing campaign publicly, regardless of venue, it must be legally compliant. When a company purposely misleads consumers, it can potentially lead to lawsuits. In the lawsuit against Grubhub filed in May 2020, the complaint alleges that “ Grubhub, one of the largest restaurant delivery services in the United […]

Are you COPPA compliant?

Children’s Online Privacy Protection Act (COPPA) exists to protect kids by requiring parental consent in order to collect children’s personal information for kids under 13.  Unfortunately, musical.ly,  now known as Tic Toc, even after settling with the Federal Trade Commission (FTC) for COPPA violations in February 2019 for $5.7 million, seems to have violated COPPA […]