Communications, Media & Entertainment

On November 3, 2022, Federal Communications Commission (“FCC”) Chairwoman Jessica Rosenworcel announced plans to reorganize the International Bureau into a new Space Bureau and a standalone Office of International Affairs. The changes are intended to help ensure FCC resources are aligned to meet the needs of FCC licensees and regulatees by “elevat[ing] the significance of satellite programs and policy within the agency to a level that reflects the importance of the emerging space economy.” 
Continue Reading ALERT: FCC Chairwoman Rosenworcel Announces Plans to Create a Space Bureau

On August 9, the US District Court of Georgia ruled that the FTC had provided “broad and detailed evidence” for its allegations that a tech company and its CEO engaged in deceptive advertising and unfair fee practices in violation of Section 5 of the FTC Act. The FTC’s 2019 complaint alleged the defendants made deceptive representations to customers and charged hidden, unauthorized fees in connection with the company’s “fuel card” as well as through co-branded cards, to companies in the trucking and commercial fleet industry. The FTC’s factual allegations include the following: 
Continue Reading Court Orders Injunctive Relief Against Tech Company for Deceptive Advertising, Unfair Fee Practices

On August 10, the CFPB issued an interpretive rule stating that digital marketing providers that are involved in the identification or selection of prospective customers or the selection or placement of content to affect consumer engagement including purchase or adoption behavior, are subject to the CFPB’s jurisdiction. The rule ostensibly clarifies the scope of companies that are “service providers” under the Consumer Financial Protection Act (“CFPA”) to include digital marketing providers, and thereby subjecting them to the CFPB’s authority to prohibit unfair, deceptive, abusive acts or practices (UDAAPs). 
Continue Reading CFPB’s New Interpretive Rule Sets Sights on Digital Marketing Vendors

“NFT” was 2021’s word of the year.  This isn’t too surprising—they’re everywhere!  The market cap for NFT transactions jumped from roughly $400 million at the beginning of 2021 to over $7 billion by year’s end.  What’s next and how can brands and other content creators leverage NFTs to bring value?
Continue Reading Thinking of Jumping on the NFT Bandwagon – Are you Prepared?

  • The FCC recently adopted a notice of proposed rulemaking (NPRM) requiring Internet Service Providers (ISPs) to display consumer-friendly “nutrition labels” allowing consumers to comparison shop for broadband services;
  • The FCC proposes that these nutrition labels display information about price, speed, data allowances, and other relevant aspects of the proposed broadband service; and
  • Following-up on its first hearing on these potential nutritional labels, the FCC will conduct a second hearing on April 7, 2022.


Continue Reading The Many Layered Flavors of Broadband – The FCC’s Proposed Broadband “Nutrition Labels”

Ukraine has suffered multiple internet and connectivity outages since the Russian invasion began.  Seeking to restore vital connectivity to his citizens in the face of the Russian military threat, Vice Prime Minster Mykhailo Fedorov tweeted at SpaceX CEO Elon Musk asking for help. After receiving what is arguably the first regulatory approval by Tweet, Musk and SpaceX responded by shipping the Starlink user terminals to Ukraine on March 1, 2022.[1]  The non-geostationary satellite orbit (“NGSO”) satellite broadband service now serves as a vital tool for connectivity where traditional terrestrial infrastructure fell short.[2]
Continue Reading Spacing Out for Resiliency – Why Satellite Technology is Vital to Resilient Networks

Now more than ever, access to quality data translates to monetization opportunities and this is especially true in the world of collegiate and professional sports.  In the past two decades, data analytic tools measuring athlete health and performance have come a long way, and now, it is not just players or teams that stand to potentially profit.  In particular, the advent of wearable technology has produced a sports biometrics boom that could soon become a gold rush for players, teams, universities, and companies looking to use or sell biometric data.
Continue Reading Navigating the Sports Biometrics Boom

Last week, Reps. Anna Eshoo (D-CA), Jan Schakowsky (D-IL) and Cory Booker (D-NJ) introduced the Banning Surveillance Advertising Act of 2022, a new bill that seeks to significantly restrict targeted advertising practices. The proposed legislation prohibits “advertising facilitators” (defined as entities who receive consideration for disseminating ads and collect or process personal information in connection with such dissemination) from targeting ads to individuals based on their personal information. In addition, the bill prohibits advertisers from targeting, or using an advertising facilitator to target, ads based on personal information that the advertiser obtained from a third party (i.e., anyone other
Continue Reading Proposed Federal Legislation Seeks to Ban Targeted Advertising

On December 28, 2021, the U.S. Court of Appeals for the D.C. Circuit affirmed the Federal Communications Commission’s (“FCC’s” or “Commission’s”) authority to permit unlicensed wireless devices, such as internet routers, smart phones, and laptops, to operate in the 6 GHz band.
Continue Reading D.C. Circuit Allows FCC To Open 6 GHz Band For Unlicensed Use

Background

The first domino fell in late 2019 when Governor Newsom signed The Fair Pay to Play Act into law.[1]  This was the first statute allowing collegiate student-athletes to profit off their name, image, and likeness (NIL).  Specifically, the statute bars universities, athletic conferences and the NCAA from preventing student-athletes in California from profiting off their NIL.  Despite the NCAA’s vigorous opposition initially, close to 30 states have since enacted similar legislation or have otherwise legalized NIL deals in their own states.[2]  Moreover, last year’s unanimous Supreme Court ruling in NCAA v. Alston may not have reached the
Continue Reading What Brands Can Expect from College Sports’ Ever Evolving NIL Landscape

On Monday, January 10, 2022, the National Telecommunications and Information Administration (“NTIA”) commenced a public comment period for interested parties to submit comments on the development and implementation of three forthcoming broadband grant programs established by the Infrastructure Investment and Jobs Act of 2021(“IIJA”): (1) the Broadband Equity, Access and Deployment (“BEAD”) program, (2) the Middle-Mile Broadband Infrastructure Program, and (3) the Digital Equity Planning Grant Program.[1]
Continue Reading ALERT: NTIA Seeks Public Comment on Implementation of Upcoming Broadband Grant Programs

With content distribution methods evolving rapidly, major players within the entertainment industry are looking to mergers and acquisitions (M&A) as a means to strengthen their position and maintain market share. Industry insiders predict a continued increase in M&A activity within the entertainment sector. In light of the likelihood that entertainment companies may be presented with an M&A opportunity, either as a buyer or as a seller, it would serve entertainment companies well to prepare for such an opportunity.
Continue Reading Practical Considerations for Reviewing Entertainment Agreements in M&A Transactions

In October 2021, Governor Gavin Newsom signed into law a sweeping package of six bills aimed at reducing plastic waste, improving recycling efforts, and clarifying labeling standards for recyclables and compostables.  These new laws will likely mean significant changes for many companies.  They come at a time when multiple states are passing similar environmentally focused bills, signaling a renewed effort to promote recycling and regulate green advertising.
Continue Reading California Passes Sweeping Package of “Green” Bills