With the proliferation of smart phones and other mobile devices, it has never been easier for brands and marketers to collect data about the habits and desires of their customers. But, as a group of major national retail stores recently discovered, the proliferation of data has also led to a renewed sensitivity to consumer privacy.
Our attorneys have an in-depth understanding of the ways that technology is changing how consumers shop and how these changes impact our clients. E-commerce is the intersection of advertising, intellectual property, consumer protection, privacy, and payment processing law. Arent Fox has a comprehensive knowledge of each of these areas so that it can assist its clients with all aspects of e-commerce - from the initial development of an online or mobile store to product fulfillment requirements.
Santa’s not the only one who is making a list this holiday season: the FTC is keeping a close watch on online retailers and is warning that misbehaving retailers will be getting lumps of coal in the form of FTC enforcement actions. The holiday dust-up stems from a series of letters that the FTC recently sent out to Internet retailers reminding them of their obligation to ensure that consumers have access to product warranty information before they make their purchases.
The Federal Trade Commission hosted a day-long workshop on “native advertising” on December 4th in Washington, D.C. Native advertising, in which advertisements or sponsored content imitate the form and style of the editorial content in which they are featured, has been around for decades, but is drawing increasing scrutiny as it proliferates in digital media and on social networks, and takes on new and increasingly sophisticated forms.
As you may have heard, we are on the verge of a vast expansion of the Internet. Currently, there are only about two dozen generic top-level domains (“gTLDs”), such as .com, .net, and .info. However, there will soon be more than 1,000 new gTLDs, many of which are relevant to companies in the fashion and luxury goods industries. For example, third parties have applied for the right to operate .clothing and .fashion as new gTLDs.
Recent court decisions suggest that federal law may limit businesses’ legal options to hold an internet service provider liable for harmful or damaging content posted to the Web. Under the Communications Decency Act (CDA) – a 1996 law aimed at regulating obscene and indecent internet content – an internet service provider cannot be treated as the “publisher or speaker of any information” provided by a third party content provider, even when the service provider makes the information available to the public.
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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.