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.

Virginia Is For Health Privacy Lovers: Broad Reproductive Health Data Amendment May Add Unintended Compliance Obligations (Podcast)

A new amendment in Virginia expands protections around reproductive health data, but its broad scope may trigger compliance challenges that businesses didn't anticipate.

United States Media & IT

KD

Kelley Drye & Warren LLP

37 State Attorneys General Urge Meta To Safeguard Instagram's Location Sharing Feature

Last week, a bipartisan group of 37 state attorneys general led by Georgia Attorney General Chris Carr and New Mexico Attorney General Raúl Torrez sent a letter to the head of Instagram...

United States Media & IT

KD

Kelley Drye & Warren LLP

Critical Medical Device Series: Part VII FDA's And FTC's Roles In MedTech Promotion And Advertising

As the second Trump administration ushers in changes across federal agencies, medical device companies must stay vigilant in their promotional and advertising practices.

United States Healthcare

AP

Arnold & Porter

Tracking Trends In State-Level Consumer Protection Enforcement (Podcast)

In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta reviews recent trends in state-level consumer protection enforcement.

United States Consumer

HK

Holland & Knight

Texas 'Mini-TCPA' Goes Into Effect September 1, 2025: What You Need To Know

United States Media & IT

LS

Lowenstein Sandler

Court Upholds TCPA Prerecorded Voice Claims

United States Media & IT

KM

Klein Moynihan Turco LLP

FTC Settles With NextMed Over Deceptive Pricing, Hidden Material Terms, And Fake Reviews And Testimonials In Telehealth Membership Programs

United States Media & IT

GA

Global Advertising Lawyers Alliance (GALA)

Ninth Circuit Gives Companies Facing False Advertising Class Actions A Critical Defense Tool

United States Media & IT

BT

Barnes & Thornburg LLP

USTR Launches 2025 "Notorious Markets" Review – Comments Due 1 October 2025

United States IP

FH

Foley Hoag LLP

New Florida Law Attempts To Provide Leeway For Certain Stem Cell Treatments

United States Healthcare

HK

Holland & Knight

NAD Finds Brand Responsible To Try To Cause Take Down Of Influencer's Social Media Post It Didn't Pay For

United States Media & IT

LL

Loeb & Loeb LLP

Match Group's $14 Million Lesson: Even Without "Click-to-Cancel," Subscription Companies Can't Play Hard To Get

United States Media & IT

LL

Loeb & Loeb LLP

Highlights From The 2025 NAAG Presidential Summit

United States Media & IT

KD

Kelley Drye & Warren LLP

NY AG Zeroes In On Zelle With Lawsuit

United States Media & IT

KD

Kelley Drye & Warren LLP

Arbitration Essentials: How To Initiate And Navigate An International Arbitration, Part 2: Hearings

United States Litigation

J

JAMS

Trump Administration Passes The One Big Beautiful Bill Act

United States Tax

FL

Foley & Lardner

Are Emotional Distress Damages In FEHA Settlements Taxable?

United States Litigation

J

JAMS

Summary - Tax Provisions In The One Big Beautiful Bill

United States Tax

HE

Hall Estill

From Copyright Case To AI Data Crisis: How The New York Times v. OpenAI Reshapes Companies' Data Governance And EDiscovery Strategy

United States Technology

NM

Nelson Mullins Riley & Scarborough LLP

Alert: D.C. Circuit Significantly Narrows Video Privacy Protection Act

The D.C. Circuit just handed a far-reaching victory to companies facing claims under the Video Privacy Protection Act (VPPA) for their use of pixels and other website tracking technologies.

United States Privacy

FK

Frankfurt Kurnit Klein & Selz

Zooming In On AI: Tackling Deepfakes Around The World

Deepfakes (also known as digital replicas) are created when sophisticated AI technology generates or alters audio-visual content to misrepresent someone or something.

Worldwide Technology

AO

A&O Shearman

Texas Targets Texts

Texas has overhauled its telemarketing law (Texas Business & Commerce Code § 302). Senate Bill 140, effective September 1, 2025, expands the scope of regulated activities to include text message marketing...

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

Will There Be A New York Law Requiring Disclosure Of AI Use In Advertising?

ew York's proposed Synthetic Performer Disclosure Bill (A.8887-B/S.8420-A) is positioned to become the first law in the United States requiring clear disclosures in advertisements that use AI-generated or digitally altered human likenesses.

United States Media & IT

LL

Loeb & Loeb LLP

Match Group To Pay $14M In FTC Settlement Over Alleged Deceptive And Unfair Marketing And Online Subscription Practices

United States Media & IT

RJ

Roth Jackson

Save The Date: "A Review Of Sports Marketing And Media Legal Issues In North America"

United States Media & IT

GA

Global Advertising Lawyers Alliance (GALA)

You've Got Mail But Not Class Certification

United States Media & IT

DM

Duane Morris LLP

FCC And State AG Announcements Show Focus On Robocall Enforcement

United States Media & IT

KD

Kelley Drye & Warren LLP

Does A "Closer-Than-Usual Working Relationship" Mandate A Disclosure?

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

Illuminating The Risks: FDA Clearance Does Not Fully Shield Health & Wellness Devices From Advertising Scrutiny

United States Healthcare

LL

Loeb & Loeb LLP

Minimum Advertised Price Policies: What Manufacturers Need To Know

United States Anti-trust

FL

Foley & Lardner

AGs Target Voice Providers In Coordinated Robocall Enforcement Sweep

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

Ninth Circuit Clarifies Permissible Marketing Activity Under EKRA

United States Healthcare

HK

Holland & Knight

FTC Consumer Protection And Privacy Enforcement Series: PADFA Enforcement—What Companies Need To Know

United States Privacy

WR

Wiley Rein

Minimum Advertised Price Policies: What Manufacturers Need To Know

Manufacturers often want to provide some direction over how resellers advertise and distribute their products, both to avoid conflicting incentives among resellers...

United States Anti-trust

FL

Foley & Lardner

AGs Target Voice Providers In Coordinated Robocall Enforcement Sweep

On August 12, a coalition of Attorneys General announced "Operation Robocall Roundup"—a multistate enforcement action aimed squarely at voice service providers accused of transmitting illegal robocalls.

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

Ninth Circuit Clarifies Permissible Marketing Activity Under EKRA

The Eliminating Kickbacks Recovery Act (EKRA) makes it a criminal offense to offer or receive any remuneration in order to "induce" a referral to a recovery home, clinical treatment facility...

United States Healthcare

HK

Holland & Knight

FTC Consumer Protection And Privacy Enforcement Series: PADFA Enforcement—What Companies Need To Know

As part of our series to provide practical insights into emerging Federal Trade Commission (FTC) priority areas for consumer protection and data privacy enforcement...

United States Privacy

WR

Wiley Rein

FTC Updates (July 28 – Aug 1, 2025)

United States Consumer

CM

Crowell & Moring LLP

Washington Supreme Court Increases Risks Of Lawsuits For False Or Misleading Email Subject Lines

The Supreme Court of Washington recently clarified the scope of violative practices under the Washington Consumer Electronic Mail Act (CEMA).

United States Litigation

KG

K&L Gates LLP

Future-Proofing Your Brand During Expansion

Expanding a brand into a new category can be an exciting time. It can also be one of the riskiest moves a brand can make. Branding is more than logos or ad campaigns.

United States IP

OK

Offit Kurman

The Ad Standard: Monthly Update - August 2025

Companies should take a close look at the transparency of their fees and recurring charges as regulators and the class action bar target misleading pricing practic

United States Commercial

ST

Simpson Thacher & Bartlett

X Releases New Advertising "Quality Policy," Limiting Emoji Use

At the end of July, X released a new advertising Quality Policy, setting forth fairly detailed standards that advertisements must comply with when running on X.

United States Media & IT

GA

Global Advertising Lawyers Alliance (GALA)

Court Considers Whether A "Smidgen" Is Material In A False Advertising Suit

United States Media & IT

KD

Kelley Drye & Warren LLP

Podcast - An Overview Of State Attorney General Consumer Protection Enforcement

United States Consumer

HK

Holland & Knight

Influencer Lawsuit Dismissed On Procedural Grounds

United States Media & IT

KD

Kelley Drye & Warren LLP

Meta Pixel Case Survives Motion To Dismiss

United States Privacy

KM

Klein Moynihan Turco LLP

Save The Date: "A Review Of Sports Marketing And Media Legal Issues In North America"

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

California AG And DAs Settle With Direct Mail Company Over Deceptive Mailers

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

Massachusetts Provides Clarifications On Upcoming "Junk Fee" And Negative Option Regulations

United States Media & IT

KD

Kelley Drye & Warren LLP

NAD Releases Influencer Trust Index (Podcast)

United States Media & IT

KD

Kelley Drye & Warren LLP

FTC Holding Companies' Feet To The Fire On 'Made In USA' Rules

United States Media & IT

KD

Kelley Drye & Warren LLP

Ninth Circuit Upholds $311 Million Verdict Against VPX In False Advertising Case Brought By Monster

United States Media & IT

FH

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Is It False Advertising To Provide Consumers More Than What Was Promised?

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

Is It False Advertising To Provide Consumers More Than What Was Promised?

United States Media & IT

GA

Global Advertising Lawyers Alliance (GALA)

Double Disclosures: When Do You Need Them?

United States Media & IT

FK

Frankfurt Kurnit Klein & Selz

Navigating Ambiguity In Consumer Protection Law: Insights From Bodenburg v. Apple

United States Consumer

SM

Sheppard Mullin Richter & Hampton

FINRA Charges Broker-Dealer With Misleading Consumers About Crypto Sales

United States Technology

GA

Global Advertising Lawyers Alliance (GALA)

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Latest Videos

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S5:E14 | SEC Marketing Rule FAQs | Compliance In Context (Podcast)

CH

Calfee Halter & Griswold

DVF + AFS Part 1: A Conversation On Living Authentically And Designing Your Life (Video)

AF

ArentFox Schiff

2024 Will Be A Year Of Reinvention And Reinvestment In The Future Of Local News (Video)

A

AlixPartners

Cops Sue Afroman Alleging "Lemon Pound Cake" Violates Their Right Of Publicity

GA

Global Advertising Lawyers Alliance (GALA)

Ten Minute Interview: How To Mitigate Trustee Liability (Video)

FL

Foley & Lardner

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