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Hot Legal Litigation Topics for Advertisers and Marketers in 2020
The COVID-19 pandemic pushed brands headlong into e-commerce. Certain advertising and marketing practices led to litigation in 2020. Brands and their legal counsel should target these hot topics for legal vetting and risk mitigation as we move forward into 2021.
FTC Mail Order Rule
With the slowdown of mail systems, consumers grew frustrated with unfulfilled promises from companies. The FTC took notice and starting enforcing its Mail, Internet, or Telephone Order Merchandise Rule (Mail Order Rule) (https://bit.ly/38JQDj7). This detailed FTC rule outlines requirements for the timing of shipping and related customer communications. At its most bare bones, the rule dictates a 30-day presumed delivery window for goods ordered via mail, Internet, or telephone. Sellers may deviate from the 30-day window if they have a reasonable basis for another time frame and make meaningful disclosures before the sale. Once the sale happens, the seller may change the delivery window by a notice to the consumers that includes refund procedures.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.