United States: Advertising, Marketing & Branding

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Entertainment law, media law and telecoms law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as advertising, marketing and branding, broadcasting, gaming, hotels and hospitality, publishing, and mobile and cable communications.

Some Relief For The Re: Line – Washington’s CEMA Gets A Legislative Tune‑Up

For brands facing a surge of Washington state Commercial Electronic Mail Act (CEMA) litigation over email subject lines, there’s finally a bit of good news in the inbox.

United States Media & IT

B

BakerHostetler

Freeman v. Deebs-Elkenaney

Plaintiff Lynne Freeman brought copyright infringement claims against author Tracy Deebs-Elkenaney (who publishes under the pseudonym Tracy Wolff), Entangled Publishing LLC...

United States IP

LL

Loeb & Loeb LLP

What The White House’s New Executive Order On “Made In America” Means For Brands—and How To Get Ahead Now

On March 13, 2026, the White House issued a new Executive Order titled “Ensuring Truthful Advertising of Products Claiming to be Made in America.” The Order directs the Federal Trade Commission (FTC) to prioritize enforcement against deceptive U.S. origin claims.

United States Media & IT

RJ

Roth Jackson

Feedback On Frictionless Opt-Outs: CalPrivacy Seeks Comments From Businesses On Experience With Opt-Out Preference Signals

The California Privacy Protection Agency (CalPrivacy) is considering potential regulatory changes related to opt-out preference signals...

United States Privacy

NM

Nelson Mullins Riley & Scarborough LLP

FTC Seeks Comments On Recurring Subscription Rulemaking

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

Positive Industry Changes To WA’s Email Law

United States Commercial

KM

Klein Moynihan Turco LLP

From AMG To Intuit: Has The Path For Redress In Section 5 Cases Disappeared?

United States Media & IT

B

BakerHostetler

Trump Administration Focuses New Consumer Protection Efforts On 'Made In America' Advertising Claims And Alleged Deceptive Pricing Practices

United States Consumer

SA

Skadden Arps Slate Meagher & Flom

Feastables, Free Entries, And Fuzzy Disclosures: CARU Reviews MrBeast

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

Do "Cage Free" Hens Have Access To The Outdoors?

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

NCAA Sues DraftKings Over Use Of MARCH MADNESS Trademarks

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

Notes From The FTC Conference On Marketing And Public Policy

United States Media & IT

KM

Katten Muchin Rosenman LLP

Do "Cage Free" Hens Have Access To The Outdoors?

United States Media & IT

GA

Global Advertising Lawyers Alliance (GALA)

ICC Releases Guidance About The Use Of AI In Advertising

United States Media & IT

GA

Global Advertising Lawyers Alliance (GALA)

What Every Multinational Should Know About…Managing The Aftermath Of The Supreme Court's IEEPA Tariff Decision (Part I)

United States International

FL

Foley & Lardner

Simpson Thacher Sustainability And ESG: Regulatory Update – March 2026

United States Commercial

ST

Simpson Thacher & Bartlett

Debt's Grip: What Consumer Bankruptcy Reveals About Financial Risk In America (Podcast)

United States Insolvency

BS

Ballard Spahr LLP

Sanctions Update: March 9, 2026

Worldwide International

SJ

Steptoe LLP

Colorado "Opt-Out" Litigation – Petition For Rehearing En Banc And Amicus Briefs In Support

United States Finance

BS

Ballard Spahr LLP

Nevada Federal Court Certifies A $3 Million Dollar TCPA Class Action Against Individual Nevada Realtor

In 2023, Britney Gaitan, a realtor based in Las Vegas, used an online third-party service to accumulate the homeowner contact information...

United States Litigation

DM

Duane Morris LLP

FDA MAHA Updates: "No Artificial Color” Claims And A New Preservative Safety Reassessment

At the outset of 2026, FDA announced a series of “priority deliverables” for 2026 as part of its Human Foods Program’s (HFP)...

United States Healthcare

KD

Kelley Drye & Warren LLP

Trump Administration Directs Federal Trade Commission To Prioritize Made In USA Enforcement

On March 13, 2026, President Donald Trump issued an executive order directing the Chairman of the Federal Trade Commission (FTC) to prioritize enforcement of Made in USA claims.

United States Media & IT

KD

Kelley Drye & Warren LLP

Executive Order Signals Heightened Enforcement Of "Made In USA" Advertising Claims

President Donald Trump on March 13, 2026, signed Executive Order (EO) 14392, "Ensuring Truthful Advertising of Products Claiming to be Made in America,"...

United States Media & IT

HK

Holland & Knight

TaylorMade Accuses Callaway Of Slinging Mud (Balls) (Podcast)

United States Media & IT

KD

Kelley Drye & Warren LLP

FTC's "Measuring Consumer Injuries And Benefits" Workshop - Key Takeaways (Podcast)

United States Media & IT

KD

Kelley Drye & Warren LLP

ICC Releases Guidance About The Use Of AI In Advertising

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

Oklahoma Enacts Comprehensive Privacy Law

United States Privacy

FK

Frankfurt Kurnit Klein & Selz

Top Legal Issues Facing Fashion & Retail In 2026

United States International

AF

ArentFox Schiff

Associations Challenge Constitutionality Of California's Truth In Recycling Law

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

NAD Decision Provides Guidance On #1 Claims (Podcast)

United States Media & IT

KD

Kelley Drye & Warren LLP

Ad Law News and Views - February 2026

United States Media & IT

KD

Kelley Drye & Warren LLP

Youth Sports Media Company To Pay $1.10 Million Fine In CPPA Enforcement Action

United States Media & IT

W

WilmerHale

AD Nauseam: Cancel Anytime? The FTC Says, “Let’s Talk.” (Podcast)

United States Media & IT

B

BakerHostetler

Ad Law News and Views - February 2026

The Winter Olympics may be finished, but our ad law team is competing in spirit too! We asked our attorneys which Winter Olympic sport they’d compete in if given the chance...

United States Media & IT

KD

Kelley Drye & Warren LLP

NAD Decision Provides Guidance On #1 Claims (Podcast)

The National Advertising Division has weighed in on how advertisers can and cannot make "1+" claims — statements that imply consumers...

United States Media & IT

KD

Kelley Drye & Warren LLP

AD Nauseam: Cancel Anytime? The FTC Says, “Let’s Talk.” (Podcast)

On today’s episode of AD Nauseam, Amy and Daniel are joined by BakerHostetler Partner Victoria Rutherfurd to explore the FTC’s renewed scrutiny of subscription and negative option practices...

United States Media & IT

B

BakerHostetler

Youth Sports Media Company To Pay $1.10 Million Fine In CPPA Enforcement Action

On March 3, 2026, the California Privacy Protection Agency (CPPA) announced a $1.1 million fine against PlayOn Sports, a youth sports media and technology company that operates the GoFan digital ticketing platform.

United States Media & IT

W

WilmerHale

FTC Initiates Process To Adopt Proposed Rule On Rental Housing Fee Practices

United States Media & IT

KD

Kelley Drye & Warren LLP

FTC Warns Auto Dealers About Pricing Practices

Last week, the Federal Trade Commission announced that it sent letters to ninety-seven auto dealership groups, warning them about their pricing practices.

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

Fifth Circuit Limits TCPA Prior Express Written Consent Requirements

Last week, the Fifth Circuit Court of Appeals held that the Telephone Customer Protection Act (TCPA) permits businesses to obtain only prior express consent rather than prior express written consent...

United States Media & IT

GA

Global Advertising Lawyers Alliance (GALA)

FTC Seeks Comment On Potential Updates To Negative Option Rule

On March 11, 2026, the Federal Trade Commission (FTC) issued an Advance Notice of Proposed Rulemaking (ANPRM) seeking public comment on whether it should amend its Rule Concerning...

United States Media & IT

GT

Greenberg Traurig, LLP

FTC Warns Auto Dealers About Pricing Practices

Last week, the Federal Trade Commission announced that it sent letters to ninety-seven auto dealership groups...

United States Media & IT

GA

Global Advertising Lawyers Alliance (GALA)

California Privacy Protection Agency Issues First Decision Involving Violation Of CCPA And Minor Students

United States Privacy

LL

Loeb & Loeb LLP

California Continues To Actively Enforce Privacy Opt-Out Rights

United States Media & IT

KD

Kelley Drye & Warren LLP

FTC Reopens Negative Option Marketing Rulemaking – Seeks Comments By April 13, 2026

United States Media & IT

SJ

Steptoe LLP

PFAS False Advertising Class Actions: A Growing Threat Across Industries

United States Litigation

SM

Sheppard, Mullin, Richter & Hampton LLP

NAD Has Clear Preference For 'No Preference' Options In Consumer Surveys, And Other Best Practices For Survey Designs For Claim Support

United States Media & IT

B

BakerHostetler

GLP‑1 Compliance: FDA Targets Telehealth Marketing In 30 New Warning Letters

United States Healthcare

FL

Foley & Lardner

Competing Biomarker Providers Clash: Function Health Sues Superpower Health Over Allegedly Deceptive Advertisements

United States Healthcare

AF

ArentFox Schiff

New GTLD Program 2026: Application Process And Considerations For Brand Protection

United States IP

GT

Greenberg Traurig, LLP

The Ad Standard: Monthly Update - March 2026

United States Media & IT

ST

Simpson Thacher & Bartlett

AI Lawsuits: The Legal Risks Of AI-Generated Branding (Video)

United States Technology

TS

Taft Stettinius & Hollister

Brand Endorsement Agreements In A Fragmented Digital Landscape

United States Media & IT

SM

Sheppard, Mullin, Richter & Hampton LLP

Using Survey Results To Substantiate Advertising Claims

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

Favoring Compliance Over Fines: What The Latest CCPA Settlement Tells Us About California Privacy Enforcement

United States Privacy

KL

Herbert Smith Freehills Kramer LLP

Global Advertising Law Trends: Key Takeaways From The Latest GALA Report For Agencies

United States Media & IT

RJ

Roth Jackson

A Rose By Any Other Name? The Perils Of Personal Names As Brand Names

United States IP

GG

Greenberg Glusker LLP

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Latest Videos

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AI Lawsuits: The Legal Risks Of AI-Generated Branding (Video)

TS

Taft Stettinius & Hollister

GT Legal Food Talk Episode 30: Navigating Liquor Licensing: Inside The Legal Food & Beverage Landscape (Podcast)

GT

Greenberg Traurig, LLP

Reel Talk Episode 3: Podcasting Through A New Lens (Video)

LL

Loeb & Loeb LLP

AG Pricing Update - $4.25 Menards Settlement In Rebate Probe; Colorado AG Targets 2026 Pricing Practices (Podcast)

KD

Kelley Drye & Warren LLP

AI Adoption, Advertising, And Copyright—Managing Risk In A Rapidly Evolving Landscape (Video)

LS

Lowenstein Sandler

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