United States: Advertising, Marketing & Branding

Commercial email marketing presents significant legal challenges under federal and state regulations. Understanding the Federal CAN-SPAM Act's requirements for truthful headers, opt-out mechanisms, and proper identification, alongside state-specific laws like California's Section 17529.5, is essential for organizations seeking to minimize litigation risks while maintaining effective marketing campaigns.

Retailers are rapidly expanding their use of biometric technologies—from facial recognition for loss prevention to palm-based payments—raising critical questions about privacy, data ownership, and regulatory compliance. As state laws diverge on how security versus marketing uses are treated, the distinction between these applications is becoming one of the most important lines for retailers to navigate.

On March 13, 2026, the Federal Trade Commission (“FTC”) sent warning letters to 97 dealerships nationwide concerning their advertising practices. These letters result from the FTC’s new interpretation...

Last week, FDA touted its achievements in connection with implementing the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) – noting that the agency had ​“worked tirelessly, mostly using...

Many businesses have opted to deploy website cookie banners in response to the barrage of litigation under the California Invasion of Privacy Act (“CIPA”).

A federal court in California has allowed a class action lawsuit to proceed against mobile ad network InMobi, alleging its SDK violates state wiretap laws by collecting user data without proper disclosure or consent.

Duane Morris partners Jerry Maatman, Jennifer Riley, and Greg Tsonis examine the dramatic rise in class action litigation targeting the hospitality sector, exploring how employment practices, consumer protection issues, and digital operations create unique vulnerabilities for hotels, restaurants, and resorts. The discussion reveals key trends from the firm's 2026 Hospitality Class Action Review and offers strategic guidance for companies navigating this increasingly complex legal landscape.

Federal and state regulators are intensifying their focus on subscription business practices, from misleading disclosures to complex cancellation flows.

Buc-ee's continues its aggressive trademark enforcement strategy with another legal dispute over a logo featuring a cartoon animal in a circular design. This case examines the legal standard of likelihood of confusion and explores why consistent brand protection matters for businesses with distinctive visual identities.