Advertising in the USA?

A common question in the advertising law field is “does advertising law apply to companies located in other countries?”  The quick answer is YES, if they advertise and sell products in the USA. If a company is doing business in the USA, then USA law normally applies.  Given the surge of COVID-19 miracle cures being […]

Felony Charges Over Data Breach

If your company suffers a data breach, would you hide it?  What to do?  Do you report it, and to whom? Let me know in the comments – what do you think is the right thing to do? Today’s lesson is to NOT hide the data breach! Department of Justice (DOJ) charged Uber’s former Chief […]

Is It really Copyright Infringement?

A recent emerging trend seems to be freelance photographers using brands to create their own marketing campaign using the brand’s product with the hope of working with the brand, or increasing their own sales.  Some photographers even tag the brand when posting their photos publicly. If a brand shares the photographers’ publicly posted photos on […]

CCPA Enforcement

As of July 1, 2020, the State of California has began enforcement of the California Consumer Privacy Act (CCPA).  Interestingly, one aspect of enforcement seems to be based on consumer complaints, even complaints found on social media.  Consumer complaints online are generally bad for business and online ratings, but now it could potentially also lead […]

Veggie Burger or Beef Burger UPDATE

In December, I wrote about a lawsuit regarding a veggie burger being cooked on the same grill as the beef burgers.  (Here is the link to my post: https://advertisinglaw.legal/2019/12/05/veggie-burger-or-beef-burger/).  The legal question raised was “[w]hether Defendant engaged in fraudulent, false, deceptive and/or unfair conduct and business practices in advertising and selling its meat-free (burger) that […]

Terms of Use

As an attorney, I always try to teach my daughters to read before they sign anything. I explain that they need to know and understand what they are agreeing to do, agreeing to give up, etc. Contracts come in different formats, and electronic contracts, like Terms of Use or Terms and Conditions, are part of […]