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Brian Anderson is a Partner in Sheppard Mullin’s San Francisco office. He is Team Leader of the firm’s Advertising Team and Technology Transactions Team.

Around 311 million people in the United States—roughly nine out of ten Americans—are under instructions to “Stay Home!”

These captive audiences have resulted in a 17% increase in TV viewership across all demographics.  Indeed, adults aged 18-34—a demographic that has been increasingly difficult for advertisers to reach on ad-supported television—spent 83 million more hours watching TV during the first week of the lockdown as compared to the last week in February.
Continue Reading How the COVID-19 Lockdown will Disrupt the Upfront TV Ad Market

On Wednesday, amid growing concern over the spread of  Coronavirus Disease 2019 (“COVID-19” or “coronavirus”), the Italian government announced that all sporting events in Italy will resume.  The catch?  They will all take place behind closed doors—no spectators will be allowed to attend for at least the next month.

Italy, as the epicenter of Europe’s coronavirus outbreak, previously undertook drastic measures to slow the virus’ spread—closing all schools in the country, cancelling sporting events, and instituting bans on other public gatherings across the country.

While the epidemic has not yet reached similar proportions in the US, the virus’ spread has also not shown any sign of slowing down.  Could similar measures be taken in the US?  If so, what does this mean for event organizers and brand sponsors?

Brands pay big bucks—in some cases hundreds of millions of dollars—to sponsor high profile sporting, entertainment, and cultural events. What are the repercussions if event organizers are forced to cancel sponsored events because of the coronavirus outbreak?  Does the analysis change if the events go on as scheduled, but spectators are banned from attending?

force majeure; CVOID 19; Coronavirus
Continue Reading Coronavirus: Are Spectator Bans the Worst Case Scenario for Brand Sponsors?

On December 12, 2017, the FTC hosted a workshop to discuss informational injuries that consumers may suffer when their personal information is misused. Discussion topics included the types of informational injuries consumers suffer and business and consumer perspectives about costs, benefits and risks of collecting information.
Continue Reading FTC Workshop Provides Insight on Best Practices to Mitigate Informational Injuries

The 9th Circuit Court of Appeals ruled that a non-party online behavioral advertising firm could not benefit from the arbitration clause in the agreement between Verizon and its customers because it was not a party to that agreement.
Continue Reading Behavioral Advertising Company That Dropped “Zombie” Cookies Can’t Use Verizon’s Arbitration Clause To Avoid Class Action Lawsuit

The U.S. Copyright Office is making changes to the Digital Millennium Copyright Act (DMCA) safe harbor agent registration process. The changes impact both new online service providers as well as existing online service providers who have already registered an agent. Read on for details about what you will need to do.
Continue Reading Deadline Approaching: Action Required by December 31 To Avoid Losing DMCA Safe Harbor Protection