Gregory J. Sater

Under the Federal Trade Commission's (FTC) Endorsement and Testimonial Guidelines, the FTC will view it as deceptive and therefore unlawful under the FTC Act if an endorser of a product in the online environment – a blogger, product reviewer, or commentator – posts, tweets, or E-mails something...more >>

As discussed in previous DRMA Voice articles, California has become a battleground state for consumer class action cases alleging false advertising. Unfortunately, due to changes in the law following a 2009 decision called Tobacco II, it seems marketers have fewer options available to them to...more >>

In a well-reasoned decision that should please advertisers everywhere, a federal district court judge in California has thrown out a class action case filed against Epson in which the plaintiffs had alleged that Epson should pay them millions of dollars in damages because its inkjet printers...more >>

A federal judge in California has entered a $4.8 million judgment in favor of the Federal Trade Commission (FTC) and against an online affiliate known as Swish Marketing, which operated websites that persuaded people to input personal and financial information (such as bank account information) in...more >>

Reality TV celebrity Kim Kardashian has filed suit against Old Navy over a TV commercial she says violates her right of publicity because it features a woman whom she alleges to be a look-alike. Kardashian alleges that consumers who see that woman in the commercial will mistakenly conclude that it...more >>

Those of us who live in the legal trenches of direct response advertising litigation, and who fret about the proliferation of class actions against our clients, were closely following the Dukes v. Wal-Mart case, which was finally decided by the U.S. Supreme Court this past month.

It's easy to lose track of the "Do Not Track" debate, given the barrage of legislative activity on the subject and flurry of related industry-driven voluntary initiatives.

Picking a good name is extremely important. If you pick one the public doesn't like, your product won't sell. On the other hand, if you pick one the public loves, but it infringes someone's trademark, you're going be subject to an injunction and be held liable for their damages and your profits....more >>

Despite the fact that California's false advertising statute requires a consumer plaintiff to prove that she "suffered injury in fact and lost money or property" (two requirements, as written with the word "and") the court, in a new case called Kwikset, has ruled that a plaintiff can state a claim...more >>

The five most important contract-drafting issues that come up regularly during the course of negotiating a DR industry contract and, in particular, one through which a product is going to be licensed to a marketer, are: royalty base, minimums, indemnity, insurance and choice of law; venue...more >>