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FTC Follows up on Enforcement Priorities with Complaint Against Merchant Cash Advance Provider

By Ellen T. Berge, Andrew E. Bigart, Evan R. Minsberg & Makalia A. Griffith

August 11, 2020

Following a warning from earlier this year, the FTC recently filed a complaint against a group of corporate and individual defendants for allegedly misleading and deceiving small business “merchant cash advance” (MCA) customers. Structured properly, an MCA product offers an alternative to standard commercial credit under which the MCA provider purchases the right to receive a fixed amount of the customer’s receivables to be paid based on a percentage of the customer’s daily receipts. Specifically,…

All About Advertising Law

FTC Turns Up the Heat on Deceptive Insulation and Energy-Saving Claims

By Leonard L. Gordon & Megan K. Hynes

August 10, 2020

On July 28, 2020, the FTC filed four complaints in federal courts across the country against companies who sell paint products used to coat homes and other buildings. At issue in the complaints are paint products that claimed to help insulate homes or buildings, saving the owner money on utility bills. The cases serve as a reminder that the FTC remains on the lookout for deceptive “green” claims, and that claims of “green” benefits must…

Blockchain Report

Crypto Custody: OCC Confirms That National Banks Can Provide Custody Services for Cryptocurrency

By Laura R. Biddle, Gerald S. (Gerry) Sachs, Ed Wilson & Matthew Bornfreund

July 31, 2020

On July 23, 2020, the Office of the Comptroller of the Currency (OCC) released Interpretive Letter #1170 (Letter) confirming that safekeeping and custody of cryptocurrency and crypto-assets (collectively, cryptocurrency) are traditional banking services and, therefore, are permissible activities for national banks and federal savings associations. The Letter also provides the usual admonition that banks may provide permissible services as long as they manage the risks and comply with applicable law, which, for cryptocurrency-related services, involves…

All About Advertising Law

Proposed FTC Rule to Allow Civil Penalties for Deceptive “Made in USA” Claims

By Ellen T. Berge, Leonard L. Gordon, Lindsay B. Meyer, Melissa Landau Steinman & Elliot Kelly

July 29, 2020

Proud that your products are “Made in the USA”? Before you wave the flag, know that an unqualified Made in USA claim means that your product must be “all or virtually all” made in the United States, and the Federal Trade Commission has bolstered its enforcement authority over deceptive Made in USA claims with a new proposal to allow civil penalties for violations of its Made in the USA standards. We previously blogged about recent…

Close-Ups

Legal Implications of Syncing Copyrighted Music with Other Content

By Calvin R. Nelson, Katherine C. Dearing & Nicholas W. Jordan

July 16, 2020

With the rise of social distancing and stay-at-home orders, the demand for online content has increased exponentially. Given this new reality, online content creators must take steps to ensure that their online creations don’t land them in legal hot water. One of the most prevalent cross-industry issues is music licensing. Music is everywhere in online content and often plays an integral part in the overall experience. From video game players streaming music as they show…

All About Advertising Law

Legal Implications of Syncing Copyrighted Music with Other Content

By Calvin R. Nelson, Katherine C. Dearing & Nicholas W. Jordan

July 16, 2020

All About Advertising Law

NAD Issues First Decision under Fast-Track SWIFT Program

By Leonard L. Gordon & Shahin O. Rothermel

July 15, 2020

Earlier this month, NAD issued its first decision under its Fast-Track SWIFT program, its expedited review track for single well-defined advertising issues. (Here are more details on NAD’s Fast-Track SWIFT program.) In its first substantive Fast-Track SWIFT decision, NAD dealt with a dispute between energy bar manufacturers Kind and Clif and reviewed the claim “A Better Performing Bar–Clif Bar For Sustained Energy,” which appeared as the top AdWords result for internet keyword searches for…

Close-Ups

Taxpayers Claiming QBI Deduction May Face Increased Audit Risk

By Shane P. Nix & Ilia Katz

July 13, 2020

Although many businesses providing services in the field of performing arts are not eligible for the qualified business income (QBI) deduction, some entertainment businesses that do not fall in this category have taken the position that they do qualify. Recent indicators from the IRS, however, suggest that taxpayers claiming the QBI deduction may be subject to increased audit risk in the near future.…

All About Advertising Law

Ninth Circuit Blocks Class Plaintiffs’ Efforts to End Run Jury Trial

By Angel A. Garganta, Amit Rana & Antonia I. Stabile

July 13, 2020

On June 17, 2020, the Ninth Circuit Court of Appeals issued a published opinion affirming the dismissal of a consumer class action seeking $32,000,000 against Venable client Premier Nutrition Corporation. The Court held that federal equitable principles must apply to class actions pending in federal court, even where state law rules the underlying causes of action. See Sonner v. Premier Nutrition Corp., No. 18-15890, 2020 WL 3263043 (9th Cir. June 17, 2020). Plaintiff-Appellant Kathleen Sonner sued…

All About Advertising Law

Certiorari Granted: Supreme Court Will Decide the Fate of FTC’s Disgorgement Authority

By Leonard L. Gordon, Mary M. Gardner & Michael A. Munoz

July 10, 2020

Two weeks ago, the Supreme Court handed down its opinion in Liu v. SEC where it limited the SEC’s disgorgement authority to net profits returned to investors. Today, the Supreme Court granted certiorari in two FTC cases to decide whether Section 13(b) of the FTC Act providing for “injunctive relief” includes the authority to obtain “equitable monetary relief” in the form of disgorgement. In the first of the two cases, AMG Capital Management v. FTC…

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FTC Follows up on Enforcement Priorities with Complaint Against Merchant Cash Advance Provider

FTC Turns Up the Heat on Deceptive Insulation and Energy-Saving Claims

Crypto Custody: OCC Confirms That National Banks Can Provide Custody Services for Cryptocurrency

Proposed FTC Rule to Allow Civil Penalties for Deceptive “Made in USA” Claims

Legal Implications of Syncing Copyrighted Music with Other Content

Legal Implications of Syncing Copyrighted Music with Other Content

NAD Issues First Decision under Fast-Track SWIFT Program

Taxpayers Claiming QBI Deduction May Face Increased Audit Risk

Ninth Circuit Blocks Class Plaintiffs’ Efforts to End Run Jury Trial

Certiorari Granted: Supreme Court Will Decide the Fate of FTC’s Disgorgement Authority

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