In April, Law360 published the article “Deepfake Best Practices Amid Developing Legal Practices,” co-authored by partner John Villafranco. The article provides an analysis of deepfake use cases, describes legal tools available to protect against harmful uses of the technology, and suggests some best practices for responsible use of deepfake technology.
For this episode of the Ad Law Access podcast, Rod discusses the article and reviews some best practices recommend. Find the episode here or wherever you get your podcasts.
To read the article, please click here
Contact:
John Villafranco
[email protected]
For additional information, please visit:
Many states are considering comprehensive privacy legislation in the absence of a federal law. On another much anticipated episode of the Ad Law Access podcast, Alysa Hutnik and Aaron Burstein discuss pending state privacy legislation, how we got here, and some expected future legislation. Find the episode here or wherever you get your podcasts.
Contact:
Alysa Z. Hutnik [email protected]
Aaron Burstein [email protected]
For additional information, please visit:
]]>Our increased reliance on the Internet to conduct our daily affairs has thrust an additional spotlight on data security that much important. On another 101 edition of the Ad Law Access podcast, it will cover data security and covers five key points businesses should keep in mind as they continue to refine their data security practices based on FTC settlements and guidance.
Listen on Apple, Spotify, Google Podcasts, SoundCloud, via your smart speaker, or wherever you get your podcasts.
For more information on data security, privacy, and other topics, visit:
]]>As covered in the blog post "It’s Here: California Voters Approve the CPRA," California voters passed ballot Proposition 24, the California Privacy Rights Act of 2020 (“CPRA”) Also known as CCPA 2.0, CPRA brings a number of changes to the CCPA, the majority of which will become operative on January 1, 2023. In addition to revising some of the definitions that are fundamental to commercial relationships under the CCPA (e.g., the definition of “sale” and “service provider”), CPRA provides additional consumer rights, incorporates data minimization and certain other principles from the General Data Protection Regulation, and establishes a new California Privacy Protection Agency, which will become the state’s privacy regulator and share enforcement oversight with the State Attorney General’s Office.On this much anticipated episode of the Ad Law Access podcast, Alysa Hutnik and Aaron Burstein focus on some overarching CPRA issues and a few particular issues that caught their attention.
Listen on Apple, Spotify, Google Podcasts, SoundCloud, via your smart speaker, or wherever you get your podcasts.
For more information on health claims and other topics, visit:
On a timely new episode of Kelley Drye’s Ad Law Access podcast, Privacy and Data Security practice chair Alysa Hutnik and partner Aaron Burstein provide 101 level tips on how to manage the clock and begin to deal with data breaches when they happen.For more information on data breaches, visit:
]]>Companies often want to claim that their products or services are better than the products or services offered by a competitor. However, comparative claims tend to be highly scrutinized by competitors and subject to challenge.
On the latest episode of the Ad Law Access podcast, it provides five tips advertisers should keep in mind when creating comparative ads.
Listen on Apple, Spotify, Google Podcasts, Amazon Music, SoundCloud or wherever you get your podcasts.
For more information on these and other topics, visit:
When we posted about a $9.3 million FTC settlement involving the Mail Order Rule, many people commented that they had never heard of that Rule, and wondered what else they might be missing.
In fact, the FTC has more than 50 Rules and Guides. Don’t let that number scare you – many of these rules are very narrow and wouldn’t apply to most of our readers. For example, you probably don’t have to worry about the rule that regulates power output claims for amplifiers used in home entertainment products or the rule that requires certain disclosures when selling funeral goods or services. But odds are that there are a number of Rules and Guides that do apply to you.
On the latest episode of the Ad Law Access Podcast, Gonzalo Mon walks you through six FTC Rules and Guides that you should know.
Listen on Apple, Spotify, Google Podcasts, SoundCloud or wherever you get your podcasts.
For more information on the FTC and other topics, visit:
]]>As covered in this blog post, on June 24, 2020, the Secretary of State of California announced that the California Privacy Rights Act (CPRA), had enough votes to be eligible for the November 2020 general election ballot. CPRA is a ballot initiative, which, if adopted, would amend and augment the California Consumer Privacy Act (CCPA) to increase and clarify the privacy rights of California residents. The result is a law that is closer in scope to robust international privacy laws, such as the GDPR.On the latest episode of the Ad Law Access Podcast, Privacy partner Alysa Hutnik discusses the initial highlights of CPRA and provide some takeaways for you to begin to understand this new California privacy development.
Listen on Apple, Spotify, Google Podcasts, SoundCloud or wherever you get your podcasts.
For more information on health claims and other topics, visit:
On the latest episode of the Ad Law Access Podcast, Advertising and Marketing partner Kristi Wolff discusses three keys to making compliant health claims: determining the product regulatory classification, claim substantiation standards, and the importance of context. This episode is a prequel to her earlier Health Claims in the Context of COVID-19 episode which focused on recent FTC and FDA enforcement relating to false COVID-19 health claims and the importance of considering the current pandemic context in health-related marketing.
Listen on Apple, Spotify, Google Podcasts, SoundCloud or wherever you get your podcasts.
For more information on health claims and other topics, visit:
]]>As retailers have shifted to online and ship to store/ship from store sales, we’ve been getting a variety of questions from our retailing clients.On the latest episode of the Ad Law Access Podcast, Advertising and Marketing chair Christie Grymes Thompson and partner Kristi Wolff answer retailer questions regarding pricing, shipping, refunds, customer reviews, and telethermographic cameras (cameras that can detect human temperature).
Listen on Apple, Google Podcasts, SoundCloud, Spotify, or wherever you get your podcasts.
For more information on these and other topics, visit the COVID-19 Response Resource Center and Advertising and Privacy Law Resource Center.
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Getting Back to Work Webinar The coronavirus threat will still be active when many employers begin to return their employees to the job. What will you do when employees refuse to return? When some have been sick but not diagnosed? When social distancing measures remain in place? When some parts of the country (or even your city) are “more open” than others? What should employers do to prepare?
In Part I of this two-part series, L&E Group co-chairs Barbara Hoey and Mark Konkel will guide employers through the snares of legal, logistical and practical considerations as the nation returns to work.
Recently the Second Circuit Court of Appeals issued an opinion providing its definition of an automatic telephone dialing system (ATDS) under the TCPA. That sets up a severe split of the Circuits with the Second and Ninth Circuits taking a broad approach while the Third, Seventh, and Eleventh Circuits have charted a narrower standard for defining an ATDS.
On the latest episode of the Ad Law Access Podcast, Kelley Drye's special counsel provides an update on ATDS issues, walks through the different standards for an ATDS under the TCPA, and discusses where that leaves telemarketers and litigants going forward.
Listen on Apple, Google Podcasts, SoundCloud or Spotify.
For more information, sign up for our monthly TCPA Tracker and visit the Advertising and Privacy Law Resource Center for additional information on this and other topics.
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As COVID-19 continues to dominant the news and the effects sweep across the country and globe, one of the important issues that directly affects companies and consumers alike is price gouging. In fact, the AGs in 32 states sent a letter to online retail platforms (Amazon, eBay, Craigslist and others) urging them to do more to crack down on price gouging.
In the latest episode of the Ad Law Access Podcast, Gonzalo Mon and Donnelly McDowell discuss price gouging issues, how they typically arise, some of the different state and federal laws, exemptions to them, and how you can avoid running afoul of them or enduring reputational harm.
Listen on Apple, Google Podcasts, SoundCloud or Spotify
The Ad Law Access podcast is available through Apple Podcasts, Spotify, Google Podcasts, SoundCloud, or wherever you get your podcasts.
As we have discussed here on Ad Law Access, subscription plans that automatically renew at the end of a term have become more popular with companies and they’re also getting more scrutiny from regulators. On the latest episode of the Ad Law Access Podcast, partner Gonzalo Mon provides an update on some of the laws and challenges that regulate how these plans can be structured and some of the notable cases related to automatic renewals.
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Please join partner Alysa Hutnik for Privacy 101, a webinar that walks through topics such as:
On the latest episode of the Ad Law Access Podcast, Kelley Drye has a discussion of promotions. The podcast provides this Taylor Swift contest as an example of how things can go wrong.
For additional information on promotions and other issues, visit the Advertising and Privacy Law Resource Center.
Please visit and subscribe to our blog, Ad Law Access, at www.adlawaccess.com for additional information on these and other advertising and privacy law topics.
On the latest episode of the Ad Law Access Podcast has a discussion on materiality and clear and conspicuous disclosures.For additional information see our new Advertising and Privacy Law Resource Center (https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center), an online hub for advertising, privacy, and consumer protection legal information.
Also see the following Ad Law Access blog posts:
On a new episode of the Ad Law Access Podcast, Alysa Hutnik provides an update to the California Consumer Privacy Act (CCPA) including discussion of the amendments, the draft regulations, and she touches on some of the classification issues.For additional information see the Ad Law Access blog posts:
On a new episode of the Ad Law Access Podcast, Alex Schneider discusses the amendments to the California Consumer Privacy Act (CCPA) the California legislature voted to send to the California governor’s desk.For additional information see the Ad Law Access blog posts:
Consumers increasingly want to feel good about their buying decisions and like-minded companies often look for ways to communicate how they align with consumers in the marketplace through "cause marketing."Advertising and Marketing and Consumer Product Safety practice groups chair Christie Grymes Thompson covers a specific type of cause marketing - the commercial co-venture (CCV) - in the latest episode of the Ad Law Access Podcast, Cause Marketing - Commercial Co-Ventures: What You Need to Know Before Getting Started.
Commercial coventures are typically when a company teams up with a charity to offer a product or service or to sponsor an event, and consumer's purchase or participation in the event triggers a donation to the charity. Christie discusses the statutes that apply to co-venturers and what you need to know to get started.
You can find the Ad Law Access podcast through your favorite streaming service (Apple Podcasts, Spotify, Google Podcasts, Stitcher, SoundCloud, and others).
“Made in the USA” claims have taken on an even greater importance as American manufacturing has captivated the political discussion. Recently FTC Commissioner Chopra released a statement calling for more stringent enforcement of the agency’s “Made in USA” advertising policies.Kristi Wolff discusses how to substantiate “Made in USA” claims on the latest episode of the Ad Law Access Podcast, Making it in the USA – When Product Origin and Origin Marketing Claims Matter.
During the podcast, Kristi makes references to a commercial, John Villafranco's podcast on Challenging Competitors' Claims, and our webinar Buy American and Hire American: Is Your (Or Your Competitor’s) Product Really “Made in the USA”.
You can find the Ad Law Access podcast on Apple Podcasts, Spotify, Google Podcasts, SoundCloud, and other podcast services.
]]>On a new episode of the Ad Law Access Podcast, Alex Schneider discusses the recently approved (four) bills to amend the California Consumer Privacy Act (CCPA) and the Nevada and Maine Legislatures legislation that, like the CCPA, features new requirements relating to the sale of consumer personal data.For additional information see the Ad Law Access blog posts: