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|The Tenth Circuit Clarifies the Terms “Broadcasting” and “Telecasting” in Exclusions under the “Advertising Injury” Section in CGL Policies|
Jonathan L. Schwartz, Colin B. Willmott; Goldberg Segalla LLP;
February 6, 2015, previously published on December 2, 2014In Dish Network Corp. v. Arrowood Indemnity Co., et al., D.C. No. 1:09-CV-00447-JLK-MEH (10th Cir. Nov. 25, 2014), the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of the insurers, Arrowood Indemnity Company, Travelers Indemnity Company of Illinois, XL...
|Patrikios Pavlou & Associates LLC Expanding to New Offices|
Stavros Pavlou; Patrikios Pavlou & Associates LLC;
January 8, 2015, previously published on Winter 2014Patrikios Pavlou & Associates LLC proudly celebrated in November 2014 the launching of the much-anticipated expansion of their offices with a festive opening party, attended by the firm’s partners and staff.
|But I Didn’t Send that Fax: Eleventh Circuit Expands the Scope of Liability to Businesses under the TCPA for Unsolicited Faxes.|
Matthew A. Barley; Butler Snow LLP;
December 29, 2014, previously published on November 17, 2014Marketing and advertising is a major component of most businesses. In fact, many businesses hire marketing companies or advertisers to help promote their businesses. Recently, the Eleventh Circuit Court of Appeals addressed the issue of a business’s liability for unsolicited fax...
|FOOD COURT REPORT: Brazil v. Dole|
Douglas J. Behr, Arthur S. Garrett, Eric P. Gotting, Richard J. Leighton, Robert S. Niemann; Keller and Heckman LLP;
December 29, 2014, previously published on December 01, 2014The U.S. District Court for the Northern District of California recently decertified a potential class of purchasers of a product labeled as “all natural” based on a finding that the plaintiffs’ damages expert could not demonstrate class-wide damages based on the “all...
|Accountability Program Releases Compliance Warning on Enhanced Notice for Online Native Advertising|
Loeb Loeb LLP;
December 23, 2014, previously published on December 2014The Online Interest-Based Advertising Accountability Program is serious about compliance with the transparency and consumer control provisions of the Digital Advertising Association's Self-Regulatory Principles for Online Behavioral Advertising. This week, the Program issued a new compliance...
|TRUSTe Settles Allegations of Deceptive Privacy Seal Compliance Representations|
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
December 10, 2014, previously published on November 19, 2014TRUSTe, Inc. has settled with the Federal Trade Commission (FTC) allegations that it misrepresented its recertification procedures for reviewing company privacy practices and allowed its customers to misrepresent TRUSTe as a non-profit.
|NAD Finds Fault with Taste Test’s Survey Universe and Test Locations|
Thomas P. Jirgal, David Mallen; Loeb & Loeb LLP;
December 5, 2014, previously published on November 2014In a recent decision involving taste tests and preference claims for sweetened breakfast cereals, the National Advertising Division (NAD) once again reminds advertisers that advertising claims must be substantiated by properly designed and conducted consumer testing. The MOM Brands Company case...
|IEA Report Estimates Canadian LNG Supplies Will Be Among the Most Expensive|
Sutherland Asbill Brennan LLP;
November 28, 2014, previously published on November 13, 2014The Financial Post reports that a new International Energy Agency study predicts that LNG supplies from Canada will be among the most expensive in the world, second to Australia LNG supplies.
|Eleventh Circuit Expands TCPA Definition of “Sender” Beyond Usual Understanding of That Term|
Scott A. Shaffer; Olshan Frome Wolosky LLP;
November 28, 2014, previously published on November 14, 2014In Palm Beach Golf Center v. Sarris, decided on October 30, 2014, the Eleventh Circuit Court of Appeals expanded the definition of the word “sender” beyond the usual understanding of what it means to send a fax. As a result of this ruling, more advertisers will be exposed to liability...
|FTC Warns Plastic Bag Companies about Oxodegradable Claims|
Nathan S. Cardon, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
November 14, 2014, previously published on November 4, 2014Continuing its focus on environmental claims, the Federal Trade Commission (FTC) has written to 15 producers of plastic bags warning that “oxodegradable” and “oxo-biodegradable” claims may be deceptive and asking for confirmation that the claims will be withdrawn or that...