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Davis & Gilbert
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By Marc Rachman, Charles May
An open source license is a type of license for software that imposes fewer use restrictions than a standard proprietary license.
By David Greenberg, Truan Savage
Recent cases may suggest a shift in courts' views on New Jersey's Truth in Consumer Contract, Warranty and Notice Act (TCCWNA).
By Shira Franco
Beginning on October 31, 2017, New York City employers will be prohibited from making inquiries about the salary history of job applicants during the hiring process.
By Allison Fitzpatrick, Vejay Lalla, Paavana Kumar
The FTC sent more than 90 letters to celebrities, athletes and other influencers – as well as to marketers – highlighting the need for influencers to "clearly and conspicuously" disclose their relationships to brands...
By Joseph Lewczak, Matthew Smith
A proposed class action lawsuit has been filed in New Jersey asserting that Jos. A. Bank Clothiers, Inc. violated state law by improperly promoting sales with "up-to-a-specific-percentage-off" advertisements.
By Allison Fitzpatrick, Vivian Wang
Nearly three years after the Federal Trade Commission (FTC) first charged that Amazon had unlawfully billed parents for millions of dollars in children's unauthorized in-app charges...
By Neal Klausner
Can an employer enforce post-employment restrictive covenants (including agreements not to compete and not to solicit customers and employees) against an employee discharged without cause?
By Vejay Lalla, Paavana Kumar
The continuing growth in native advertising is leading to increasing regulatory scrutiny into whether consumers can distinguish native advertisements from surrounding non-paid content, and whether disclosures are being used effectively.
By Richard Eisert, Vejay Lalla, Charles May, Maxine Sharavsky
Businesses and regulators are focusing on cross-device tracking, ad blocking technologies and ad fraud, with particular attention to consumer trust, choice and safety issues.
By James Johnston, Josh Gordon
After playing defense for most of 2016, the leaders of the daily fantasy sports (DFS) industry made an announcement they hope will allow them to move ahead on offense in 2017. However, mounting legal and regulatory costs might doom them before they can cross the goal line.
By Gary Kibel, Oriyan Gitig, Vivian Wang
As data becomes more and more commoditized, domestic and international laws and regulatory actions continue to focus on privacy rights and data security.
By Ronald R. Urbach, Aaron Taylor, Louis Dilorenzo
Revisions to the challenge and appeal process recently introduced by the National Advertising Division of the Council of Better Business Bureaus are making proceedings before the NAD considerably more efficient...
By Marc Rachman, Devin Kothari
The statistics are striking. "Patent trolls" (companies that do not create products or services based on their patents, but instead use patents to extort license fees) are continuing to file large numbers of patent infringement lawsuits...
By Joseph Lewczak, Louis Dilorenzo
The Federal Trade Commission (FTC), state regulators, and plaintiffs' lawyers are focusing on retail and direct-to-consumer practices ranging from membership and subscription plans to discount pricing...
By Matthew Smith, Justin Lee
Although the climate change rhetoric coming out of Washington, D.C. may have some believing that regulatory scrutiny of "green" claims will soften, a closer look at the current political and social climate at the state level and in the private sector reveals that both the demand for green products and the use (and regulation) of green marketing claims actually could trend upwards this year.
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