Articles in Channel: Advertising Law

New Louisiana Regulation Creates Safe Harbor For Certain Equity-Based Compensatory Plans of Privately-Held Companies

Alan J. Berteau
November 21, 2008 13:02

by Dean P. Cazenave Offers and sales of “securities” must be registered unless there is an applicable exemption from the federal and state securities laws. The most commonly known exemption is the private placement exemption set forth in Regulation D promulgated by the Securities and...

Classmates are not looking for you

November 18, 2008 21:07

Wired notes that a California man filed a lawsuit against classmates.com for allegedly misrepresenting that former classmates were looking for him on line. According to the complaint, the plaintiff paid $15 for a subscription to the social networking site, which...Wired notes that a California man...

Department of Labor Issues New Family and Medical Leave Act Regulations

Alan J. Berteau
November 18, 2008 13:22

by A. Edward Hardin, Jr. The U.S. Department of Labor has released the new Family and Medical Leave Act regulations. The new regulations will become effective January 16, 2009. The DOL issued its proposed new regulations in February 2008. The DOL received over 20,000 comments...

Trends and Issues in Online Behavioral and Other Technology-Driven Advertising - Seattle, WA

November 11, 2008 18:49

Andrew Lustigman will be presenting on online promotional marketing issues at the Law Seminars International's 17th Annual Seattle Conference on New Developments in Technology Law. In his December 11, 2008 presentation, Andrew will discuss legal issues involving online sweepstakes and promotions,...

Andrew Lustigman named to 2008 New York Super Lawyers

November 11, 2008 18:42

Andrew Lustigman has been selected for inclusion in Super Lawyers - New York Metro 2008 in his practice area of Media and Advertising. Super Lawyers is a listing of outstanding professionals from more than 70 practice areas who have attained a high degree of peer recognition and professional...

Between Cher And Joe Montana - When Is It Okay To Use A Person's Image To Advertise A Protected Use Of That Image?

Sheppard Mullin
November 10, 2008 20:53

In deciding whether the unauthorized use of a third party’s name, voice, likeness or persona (collectively, “Image”) violates such third party’s publicity rights, the first level of inquiry is whether the use is properly categorized as a “commercial” or a...

OIG Releases Work Plan for 2009

Alan J. Berteau
November 03, 2008 14:14

by Clay J. Countryman On October 1, 2008, the Department of Health and Human Services, Office of Inspector General (OIG) released its 2009 Work Plan. The OIG’s Work Plan describes the initiatives and priorities of the OIG for the 2009 fiscal year. The OIG will address these initiatives...

New Louisiana Laws Related to Bidding on Public Works Contracts

Steven Boutwell
October 31, 2008 00:41

By Brian W. Hightower Following the 2008 Regular Session, Louisiana Governor Bobby Jindal signed House Bill No. 558 ("HB 558") into law. Prior to HB 558(Act No. 726), it was not infrequent that publicly bid contracts were not awarded because all bids exceeded the budgeted funds. Following...

User Generated Content Promotions: Balancing The Sponsor's Rights Against Risks

Sheppard Mullin
October 29, 2008 17:28

INTRODUCTION User generated content (“UGC”) has quickly come to dominate the current landscape of online promotions and marketing initiatives.  As UGC is generally made available for public viewing without prior screening, its growing prevalence raises liability concerns when the...

IRS Requires Employer Identification Numbers for Disregarded Entities Beginning in 2009

Steven Boutwell
October 27, 2008 20:01

By Kevin C. Curry Historically, the IRS has said that a disregarded entity could (and maybe should) use the owner's taxpayer identification number for income and other tax purposes. For employment tax reporting, the IRS issued Notice 99-6, 1999-1 CB 321 , which said that employment taxes for...