Baby monitors are having a moment at the National Advertising Division (NAD) after multiple cases were announced over claims that monitors incorporated artificial intelligence technology – see here and here – but as we watch and listen to learn new tricks, it is important to remember the ABCs as well – or, in this case,
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Lights, Camera, Disclosures, Consent: New York’s New AI Laws Take Center Stage
Brands and agencies, take note: Whether or not your commercials are subject to SAG-AFTRA, with these new New York bills, additional disclosures and consents are now required when using synthetic performers and digital replicas in ads.
A Double Feature
On December 11, New York Gov. Kathy Hochul performed a double feature when she signed into…
AI Leads the Charge at ANA
From Nov. 3 through Nov. 5, the Windy City welcomed the ANA Masters of Advertising Law Conference. While the conference focused on all things advertising and marketing, one concept seemed to dominate nearly every single panel – AI. Nearly every presentation had some mention of the ways those two letters have changed the game over…
FTC Bureau Director’s Remarks Highlight Approach to Privacy and AI
The National Advertising Division’s (NAD) annual conference continued on Wednesday with further insights from the Federal Trade Commission (FTC) on its priorities under the Trump administration. Following Commissioner Mark Meador’s keynote earlier in the conference, we also had the opportunity to hear from Christopher Mufarrige, the Director of the Bureau of Consumer Protection. If you…
Can AI Identify Key Trends in Privacy Enforcement and Litigation Impacting Digital Advertising? I Put It to the Test.
As an attorney focused on technology transactions and counseling, I approach new technologies with both curiosity and caution. Like many lawyers, I tend to be skeptical until I fully understand how something works. But at this point, I’m convinced: AI is here to stay, and it’s already reshaping how work gets done across industries, including…
Supermodel, Werk! New York’s Fashion Workers Act Takes Effect
Brands and agencies, take note: On June 19, the New York State Fashion Workers Act (Act) – a law aimed at implementing workplace, wage, and hiring protections for individuals who provide modeling services in New York – went into effect.
Primarily, the Act is intended to protect models from potential exploitation by their management and…
COPPA Is Back in the Saddle: FTC Publishes Final Rule for Children’s Privacy
Just as we’re getting ready to pick out our cowboy boots and bolo ties for Beyoncé’s Cowboy Carter Tour, the Federal Trade Commission (FTC or Commission) published its long-awaited finalized amendments (Final Rule) to the Children’s Online Privacy Protection Act (COPPA) Rule. The rule’s last refresh came in 2012, back when “Call Me Maybe” by…
Consumer Brands Association CPG Legal Forum 2025
Recently Amy Mudge and I, along with Bethany Lukitsch and Julie Singer Brady, the co-leads of our class action group, attended and spoke at the Consumer Brand CPG Legal Forum. There were lots of great sessions and speakers, but I want to highlight the keynote address given by FTC Commissioner Melissa Holyoak, who, along with…
Use of AI in Marketing and Digital Media – 2025 Playbook
Right now, we are all taking stock of the many important issues and challenges we saw crop up for clients last year, trying to predict what they will face in the coming year, and strategizing about how we can help. Without a doubt, one of the biggest issues we saw clients struggle with last year…
The Federal Trade Commission – The Week That Was
Check your spam filters, as it is quite possible that they may have filtered out some Federal Trade Commission (FTC or the Commission) emails last week because of the literal deluge of emails spewing forth from the agency. The emails were actually legit – but the flood of activity in the last week of then…