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Commercial Speech

Nov 2023

Maine Newspapers, Broadcasters Challenge Law Requiring “Due Diligence” on Advertisers Before Running Political Ads

Sigmund D. Schutz and Alexandra Harriman

A new Maine law that bans political advertising by foreign government-influenced entities has a remarkable feature of special concern for news organizations: it enlists news outlets to enforce the ban.

May 2023

A Brief Note Regarding the Recent AI Debacle in Federal Court

Jeff Hermes

An attorney’s recent debacle with AI was based on a basic and very common misunderstanding of what a tool like ChatGPT, powered by a large language model, is and does. This article attempts to clear things up.

Mar 2023

Advertising Law Summary

The Summary covers areas for which the advertiser and/or publisher could be liable. It ranges from the content of the advertisements (discrimination to defamation) to the manner and placement of advertising

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Jan 2018

User Generated Content: Snapshot of Legal Issues

Mark Lerner

Allowing users to post content can raise a host of legal issues, including copyright and trademark infringement, libel/defamation, rights of publicity/privacy and false advertising. This brief snapshot will provide an overview of some of the key issues raised by engaging with UGC.

Jan 2018

Enforceability of Electronic Contracts

Ravi Sitwala

When determining the enforceability of an electronic contract, a court will apply the same principles of contract law as it would to a traditional paper agreement.

Oct 2017

Challenges and Solutions for Media Companies and Their Journalist Workforces in Harnessing the Internet’s Power While Avoiding Its Pitfalls

W. Gary Fowler, Thomas H. Wilson, Jacob Ecker

A report on encouraging journalist employees’ use of social media while attempting to reasonably limit that use through policies and workplace rules; and dealing with the increased frequency with which journalists are subjected to abuse and harassment due to works published online.