On March 6, 2025, the U.S. District Court for the Southern District of New York confirmed that historical events are not subject to copyright protection.
This is true even if the events were discovered through original research. In Ackerman v.
Venable LLP Blogs
Latest from Venable LLP
FTC Files Brief Defending “Click to Cancel” Negative Option Rule
Ending speculation and uncertainty about whether new leadership at the Federal Trade Commission (FTC) would repeal or continue to defend the agency’s Negative Option Rule, which regulates offerings such as autorenewal of subscription services, this week the agency filed
Trump Fires Democratic FTC Commissioners, Setting Up a Direct Challenge to Humphrey’s Executor
On March 18, President Trump fired the two Democratic commissioners of the Federal Trade Commission (FTC). The removals of Alvaro Bedoya and Rebecca Kelly Slaughter are the latest in a series of executive actions that will limit the agency’s independence.
National Advertising Division Targets Celebrity, Influencer, and Third-Party Marketing in Recent Decisions
The National Advertising Division (NAD) recently issued a series of decisions addressing influencer and third-party marketing. The NAD is a self-regulatory body that assesses the truth and accuracy of claims made in national advertising and refers matters to the Federal
DOJ Dismisses Lawsuit Over COVID Nasal Spray False Advertising
On March 10, the Department of Justice (DOJ) moved to drop a lawsuit filed on behalf of the Federal Trade Commission (FTC) against Xlear, which marketed a line of over-the-counter saline nasal spray products touted to treat and prevent COVID-19
New York Seeks to Beef up Consumer Protection Framework
New York attorney general Leticia James is the latest state-level actor to respond to the Trump administration’s efforts to shrink federal consumer protection agencies. James has championed the FAIR Business Practices Act, a bill introduced in the New York state
Pleading an Injury in Consumer Class Actions: Is It Enough to Just Say So?
In recent years, businesses have faced an onslaught of consumer class actions challenging sustainability initiatives, environmental commitments, and ethical sourcing language. In our view, these lawsuits frequently rely on dubious injury allegations because they challenge company-wide statements without properly connecting
Update on the FCC’s One-To-One Consent Rule
In January the Eleventh Circuit vacated the Federal Communication Commission’s (FCC) one-to-one consent rule, finding that the agency exceeded its statutory authority under the Telephone Consumer Protection Act (TCPA). The latest development is that on February 19, 2025, the National
SEC Staff Says Meme Coins Are Not Securities
When meme coins—crypto tokens that usually do not purport to have any utility but are often just a single digital image of a dog, frog, or celebrity—began to be popularized, many skeptics thought that they were a joke, primarily because
Email Marketing
Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk. Click here to download the entire Tool Kit.
Commercial email marketing poses private litigation risks and regulatory