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Advertising and Marketing Law

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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Background Checks: An Essential Tool for Influencer Marketing, Sweepstakes, and Contests

July 12, 2021

Specialized background checks are highly recommended to protect brands using influencer marketing or publicizing prize promotion winners.

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How Brands Can Fight Online Defamation

May 10, 2021

Brands often wonder how to protect themselves from online defamation. This article explores legal options.

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