United States: Advertising, Marketing & Branding

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Entertainment law, media law and telecoms law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as advertising, marketing and branding, broadcasting, gaming, hotels and hospitality, publishing, and mobile and cable communications.
Article
From Discovery To Recognition: How Loyalty Closes The Intent Gap
AI is transforming how consumers discover and purchase products, creating a fragmented shopping journey that spans answer engines, brand sites, and marketplaces. Companies are struggling to allocate investments effectively across paid search, SEO, and generative engine optimization, but the solution may already exist within their loyalty programs, which can serve as the critical infrastructure for relevance in an AI-driven marketplace.
United States Strategy
A
AlixPartners
Article
Wiley Consumer Protection Download (August 25, 2026)
This comprehensive consumer protection newsletter covers recent federal and state enforcement actions, regulatory developments, and advertising challenge decisions. From major settlements involving social media companies and auto dealerships to emerging policy statements on personalized pricing and AI regulation, the update examines how agencies are addressing deceptive practices, data privacy violations, and unfair business conduct across multiple industries.
United States Consumer
WR
Wiley Rein
Article
The Pixel Problem: Advertising Triggers Health Data Obligations For Medical Aesthetic Practices
Medical aesthetic practices face mounting regulatory scrutiny over their digital advertising practices, as tracking pixels and cookies routinely collect and share sensitive patient health data throughout the customer journey. Washington's groundbreaking Data Privacy Report identifies weak consent mechanisms and overcollection of sensitive data as enforcement priorities, while the FTC and state attorneys general accelerate actions against healthcare providers for unauthorized pixel-based data sharing.
United States Media & IT
HK
Holland & Knight
Article
Testing The Influencer Sponsorship Relationship: Influencer Sues Apparel Company Over Alleged AI-Generated Deepfake Video
Body-positive influencer and content creator Molly Tranchin, known online as “FashionVeggie,” filed a complaint on June 9, 2026, in the U.S. District Court for the Northern District of California against intimate apparel company EBY Inc., alleging that the company used artificial intelligence to alter and distribute an explicit version of her promotional content without her consent that raises important questions about the extent to which companies may modify creator content.
United States Media & IT
RP
Reavis Page Jump LLP
Article
NYC Council Announces Investigation Into Marketing By Prediction Market Platforms
New York City Council Speaker Julie Menin has launched an investigation into prediction market platforms like Kalshi, Polymarket, Coinbase, and Gemini Titan, examining their marketing practices targeting New Yorkers. The probe focuses on allegations of false and deceptive advertising tactics, particularly those directed at young adults, including undisclosed influencer marketing and fictitious depictions of profitable wagers.
United States Media & IT
GA
Global Advertising Lawyers Alliance (GALA)
Article
NYC Council Announces Investigation Into Marketing By Prediction Market Platforms
New York City Council Speaker Julie Menin has launched an investigation into prediction market platforms, examining their marketing and advertising practices targeting city residents. The inquiry focuses on potentially deceptive tactics used by platforms like Kalshi, Polymarket, Coinbase, and Gemini Titan, with particular concern for marketing directed at young people and allegations of undisclosed influencer marketing.
United States Media & IT
FK
Frankfurt Kurnit Klein & Selz
Article
What Are The Boundaries Of Brand Protection? Fender Is Currently Learning This
Fender's aggressive trademark enforcement campaign against guitar builders and retailers has ignited a fierce debate over intellectual property rights, fair use, and brand protection. Armed with a European court victory, the guitar giant is demanding cease-and-desist compliance worldwide, but faces significant legal hurdles in the U.S. where its iconic body shapes were deemed generic.
United States IP
MG
Marks Gray
Podcast
Analyzing NRSC v. FEC: What The Supreme Court’s Ruling Means For Parties, PACs And Donors (Podcast)
On the latest episode of “The Lobby Bar,” hosts Charlie Ricciardelli and Tyler Rosen unpack the Supreme Court’s recent decision in National Republican Senatorial Committee v. FEC, which struck down federal limits on coordinated expenditures by political parties and their candidates, while leaving key campaign finance rules — including contribution limits, disclosure obligations and earmarking restrictions — in place.
United States Finance
SA
Skadden Arps Slate Meagher & Flom
Article
It's A Heated Rivalry
When does a superlative marketing claim cross the line from harmless puffery to an actionable advertising claim requiring substantiation? The National Advertising Division recently examined this question in a dispute between two athletic supply companies over hockey tape advertising that used the phrase "World's Highest Quality." The decision provides crucial guidance on how context transforms corporate pride into objective product claims.
United States Consumer
FK
Frankfurt Kurnit Klein & Selz
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