Commercial Speech

New Jersey Court Promotes Anti-SLAPP in First Appellate Decision

Although the decision was narrow, it broadly construed the law, reconciled a court rule to comport with the law, and reconfirmed that a voluntary withdrawal after filing still subjects plaintiffs to mandatory fee shifting.

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

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.

A Brief Note Regarding the Recent AI Debacle in Federal Court

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.

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

Seventh Circuit Upholds Dismissal of Defamation, False Light and Related Lanham Act Claims on Opinion Grounds War of Experts Best Resolved By Rebuttal, Not Defamation Suit

False Advertising of Entertainment

Use Of Affiliate Links Does Not Necessarily Transform Editorial Content Into Advertising Says NAD

Missouri Restrictions on Media Alcohol Advertising Struck Down

User Generated Content: Snapshot of Legal Issues

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.

Enforceability of Electronic Contracts

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.