Insights

New York – December 21, 2021: The Legal Aid Society of New York recognized counsel Preetha Chakrabarti and associate Suzanne Giammalva among the recipients of the 2021 Pro Bono Publico Awards (Manhattan section) for their exceptional service to The Legal Aid Society and its clients.

Washington – September 16, 2021: The Talbot County Council has adopted a resolution to remove the last Confederate statue remaining on public grounds in Maryland. This is a change of position for the Council and follows a lawsuit filed by Crowell & Moring and the American Civil Liberties Union of Maryland. The resolution, passed on September 14, 2021 with a 3-2 vote, orders the movement of the Talbot Boys statue from the Easton courthouse to a private park in Virginia “as soon as is practicable.”

 

Last week, New York Attorney General Letitia James filed a lawsuit against JBS USA Food Company and JBS USA Food Company Holdings (JBS USA), which together make up the American subsidiary of the world’s largest beef product producer, JBS S.A. The suit alleges that JBS USA engaged in “greenwashing,” misleading consumers about its environmental impact goals. The suit is one amongst many state attorney general lawsuits related to greenwashing or ESG claims, which have spanned across the aisle and been initiated by both Democratic and Republican attorneys general.

On January 11, 2024, the Federal Trade Commission (“FTC”) published in the Federal Register a Notice of Proposed Rulemaking (“NPRM”) to modify the Children’s Online Privacy Protection Rule (“COPPA Rule”), a set of regulations implementing the Children’s Online Privacy Protection Act (“COPPA”) statute. Overall, the NPRM seeks to strengthen and clarify the COPPA Rule in response to technological advances and changes in the way children interact with online offerings. In particular, the NPRM follows a public comment period in which the FTC noted novel issues affecting the COPPA Rule, including the educational technology sector, voice-enabled connected devices, and platforms directed to general audiences that host third-party content directed to children. Comments on the NPRM are due on March 11, 2024.

New considerations have emerged for advertisers who publish reviews or endorsements. On June 29, 2023, the FTC finalized its updated Endorsement Guides, which provide insights to businesses on how the use of reviews and endorsements might be considered unfair or deceptive in violation of Section 5 of the FTC Act. Over the past several months, the FTC sought public comments on proposed updates to the Endorsement Guides to accurately reflect the modern landscape of advertising, which includes reliance on social media and content creators.

Through the metaverse, the global fashion marketplace is experiencing unprecedented digital transformation that will fundamentally reimagine and expand how consumers experience fashion. The power of the metaverse does not end in its untapped monetary valuation (estimated at $800 billion over the next 10 years); it also provides a digital platform that creates new ways for global companies to connect with their consumers. With all that this medium has to offer, it is no surprise that major fashion brands are tuning in and entering the metaverse in droves.

Emerging technology leads to evolving brand guidelines. With the rise of e-commerce, trademarks were being copied and exploited in ways they had never been before, and guidelines began to emerge for internal and external teams online. Next, brands had to adapt to social media. The Federal Trade Commission began to against influencers, and brands had to carefully monitor what claims influencers were making. Brands also had to attentively manage how their own employees were interacting with social media.

If you’ve heard about the metaverse, avatars, and NFTs but aren’t sure why they’re relevant to lawyers, you’ll want to join us for this webinar. We’ll discuss potential privacy, data security, and intellectual property issues associated with these emerging technologies and the laws that might apply to them.