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Mandatory Mediation: How Litigation Counsel Can Participate and Thrive

December 2, 2022

Some commercial disputes end up in mandatory mediation. In these instances, parties and their litigation counsel may feel like prisoners of the process. They may emotionally analogize mandatory mediation to their experience as a student in high school: endure and survive rather than participate and thrive.

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NFTs and Loyalty Programs: Essential Legal Questions for Marketers

September 21, 2022

NFTs are driving loyalty programs and rewards. Brands should understand the essential legal issues of combining NFTs and loyalty programs.

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The NFT Marketplace: Philosophy, Legal Issues, and Risk

April 25, 2022

The NFT marketplace has exploded, and so has legal risk for its participants. Commercial entities and consumers alike see NFTs as marketing tools, investment strategies, and business drivers. All participants are trying to determine the rules for the road, philosophically as well as legally. This blog focuses on the philosophical underpinnings of the NFT’s ecosystem and associated legal issues.

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Automatic Renewal Subscriptions: New Legal Issues in 2022

January 10, 2022

2022 ushered in a flurry of new laws regarding automatic renewal subscriptions, free trials, negative option plans, with new headaches for marketers.

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How To Make Sure Your Trademarks Are Not False Advertising

November 2, 2021

A trademark may convey a false  advertising claim, especially when surrounded by unsubstantiated advertising claims that mislead consumers.

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ALERT: FTC Warns Ad Industry About Reviews and Endorsements

October 13, 2021

The FTC warned over 700 advertisers and agencies that it intends to regulate the industry’s use of reviews and endorsements.

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