Investment management update – Lexology

Data Privacy Requirements Have Launched Records Management 3.0

Welcome to the May 2022 edition of our investment management update. This publication has been tailored to highlight topical news, cases and changes in the law impacting the investment management sector. This month’s edition includes the following updates: The long-awaited SFDR detailed rules have been published, and there is a new consultation on ESG scores … Read more

New Farmindustria Code of Ethics: decisive elements that blur the line between health information and advertising in Italy

Data Privacy Requirements Have Launched Records Management 3.0

With the publication of Farmindustria’s new Code of Ethics (an association set up by pharma companies operating in Italy), there is a breakthrough concerning the disclosure of health information on prescription drugs. After several years, Farmindustria incorporates some principles already expressed at EU and national level, aimed at resolving the ever-present risk of confusion between … Read more

FTC considers changes to strengthen advertising and endorsement guidelines against fake and manipulated reviews

Data Privacy Requirements Have Launched Records Management 3.0

On May 19, the FTC announced it is considering changes to strengthen its advertising guidelines to address fake and manipulative reviews, as well as concerns over inadequate disclosure tools. The Commission unanimously voted to submit a notice of proposed changes to its “Guides Concerning the Use of Endorsements and Testimonials in Advertising” (Endorsement Guides), which … Read more

Data Privacy Requirements Have Launched Records Management 3.0

Data Privacy Requirements Have Launched Records Management 3.0

We’ve had two seismic, discipline-altering events in Records Management in the last 20 years: 2006: change to the Federal Rules of Civil Procedures brought electronic records management to the forefront. 2011: Awareness of the need to manage more than just narrowly defined corporate records led to the addition of “and Information” to Records Management which … Read more

Special Pre-qualifications for Franchising in China: 2+1 Rule

Special Pre-qualifications for Franchising in China: 2+1 Rule

In China, there is a unique pre-qualification for a company to start a franchise; that is, the franchisor in question must first operate at least two company-owned units for at least one year. This is widely known as the “2+1” Rule. This rule is applicable to both Chinese and non-Chinese franchisors. However, since this is … Read more

Direct Selling Self-Regulatory Council Recommends My LaLa Leggings Discontinue Salesforce Member Earnings Claims

Sweepstakes Law - NYC Bar Association's CLE Program on Marketing and Advertising Law

The Direct Selling Self-Regulatory Council (DSSRC) of BBB National Programs recommended that certain earnings claims disseminated by My LaLa Leggings salesforce members be discontinued. My LaLa Leggings is an affiliate-based marketing company for clothing, located in Palmdale, CA. The inquiry was commenced by DSSRC through its ongoing independent monitoring of advertising and marketing claims in … Read more

CAP publishes article on key advertising issues arising from ICO’s 2021 opinion on data protection and live facial recognition – Commentary

Sweepstakes Law - NYC Bar Association's CLE Program on Marketing and Advertising Law

In 2021, the Information Commissioner’s Office (ICO) looked at the data protection requirements surrounding the use of live facial recognition (LFR) for various purposes, including for advertising. Although the use of LFR is not commonplace in advertising, the Committees of Advertising Practice (CAP) have published an article summarizing key advertising-related parts of the opinion and … Read more

Private Equity vs. Venture Capital and Applicable Turkish Legislation

Sweepstakes Law - NYC Bar Association's CLE Program on Marketing and Advertising Law

In today’s world, both globally and in Turkey, there are an increasing number of corporations that are in constant search of funding and investment either to grow a newly started promising business or to increase the profitability and efficiency of an already established business by moving it to the next level. In order to meet … Read more

Sweepstakes Law – NYC Bar Association’s CLE Program on Marketing and Advertising Law

Sweepstakes Law - NYC Bar Association's CLE Program on Marketing and Advertising Law

Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at the New York City Bar Association’s continuing legal education program, Marketing and Advertising Law: Social and Digital Media after a Year of Transformation. The session covered recent events in sweepstakes law. … Read more

Two times a charm: Why we conduct follow-up interviews in our workplace investigations

CMO Series EP42 - Sadie Baron of Reed Smith on equipping legal marketing functions to succeed in today's environment

I recently conducted a workplace investigation that included an allegation that an internal workplace investigation was unfair. Several witnesses who were interviewed as part of the internal investigation had provided evidence that was favorable to the complainant, but neither party to the internal investigation was provided with an opportunity to respond to this witness evidence … Read more