Category Archives: Agreements

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Time to Revisit Morals Clauses

By Gonzalo E. Mon on Posted in Advertising, Agreements
Over the past few months, we’ve witnessed a steady stream of sexual harassment scandals in Hollywood. Many companies are taking proactive approaches and cutting ties with the men who have been accused of wrongdoing. Our colleagues at Labor Days recently discussed that issue from an employment law perspective. But it’s also worth considering how this … Continue Reading

Announcing the Advertising and Privacy Law Webinar Series

By Kelley Drye on Posted in Advertising, Advertising and Privacy Law Summit, Advertising Litigation, Agreements, Antitrust, Class Actions, Consumer Financial Protection, Consumer Product Safety, Consumer Protection, Enforcement, Fashion and Retail, Federal & State Regulatory, Federal Communications Commission, Federal Trade Commission, Food and Drug, Internet of Things, Legislative Developments, Marketing & Media Transactions, Mobile Marketing, NAD, Native Advertising, Privacy and Information Security, Real Time Marketing, Regulatory Developments, Social Media, State Attorneys General
Please join Kelley Drye in 2017 for the Advertising and Privacy Law Webinar Series. Like our annual in-person event, this series will provide engaging speakers with extensive experience and knowledge in the fields of advertising, privacy, and consumer protection. These webinars will give key updates and provide practical tips to address issues faced by counsel. … Continue Reading

Caution with Hyperlinks and Info-Hovers: Court Denies DIRECTV’S Motion for Partial Summary Judgment

By Alysa Zeltzer Hutnik and Spencer Elg on Posted in Advertising, Advertising Litigation, Agreements, Federal Trade Commission
Are hyperlinked and hovering disclosures enough to adequately inform consumers about the terms of your offer? Is requiring consumers to click on a button to accept all terms and conditions enough to obtain their informed consent to each of your terms and conditions? A recent federal court decision demonstrates that the answers to those questions … Continue Reading

Rio, Swimming, Lies, and Morals Clauses

By Gonzalo E. Mon on Posted in Advertising, Agreements
This week, four companies announced that they were cutting ties with Ryan Lochte after the swimmer admitted to lying about being robbed at gunpoint during the Olympics. Speedo, for example, said that although they enjoyed the relationship they’ve had with Lochte for over a decade, “we cannot condone behavior that is counter to the values this … Continue Reading

Scandal Serves as a Reminder of the Importance of Morals Clauses

By Gonzalo E. Mon on Posted in Advertising, Agreements
This week, long-time Subway spokesperson Jared Fogle reached a plea agreement on charges of child pornography and having sex with minors.​ ​Although the sandwich shop noted that it no longer has a relationship with Fogle, that relationship will remain etched in the minds of consumers for years to come. Many marketers are saying silent prayers … Continue Reading

Safety Nets for Fallen Stars

By Gonzalo E. Mon on Posted in Advertising, Agreements
One of the most-negotiated provisions in endorsement agreements is the morals clause. While celebrities want those clauses to be as narrow and specific as possible, companies need to ensure they have enough flexibility to terminate an agreement if a celebrity is likely to damage their brand. But although termination can help curtail future losses, it … Continue Reading
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