Rock concert, cheering crowd in front of bright colorful stage lights, Hands up with pleasure from the show

Ticketmaster’s Cruel Summer – the potential implications of a DOJ lawsuit against the ticketing platform and why concert fans may not be out of the woods yet.

Ticketmaster’s Cruel Summer – the potential implications of a DOJ lawsuit against the ticketing platform and why concert fans may not be out of the woods yet.

May 16, 2024

Ticketmaster’s Cruel Summer – the potential implications of a DOJ lawsuit against the ticketing platform and why concert fans may not be out of the woods yet.

By: Abbey Block

It looks like it could be a “cruel summer” for the country’s largest concert promoter, Live Nation Entertainment and its subsidiary ticketing platform, Ticketmaster. In early April, the Wall Street Journal reported that the Department of Justice was preparing to file a lawsuit against the promoter, alleging that the company used its monopoly over the industry to prevent competition, harming consumers in the process. Indeed it is hard to deny that Live Nation and Ticketmaster dominate the live event ticketing industry given that they control about 70 percent of the market for ticketing and live events. The lawsuit comes on the heels of an investigation by the Department of Justice into Ticketmaster and its parent company, Live Nation Entertainment. The…

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The FTC Kills Noncompetes

April 30, 2024

The FTC Kills Noncompetes

By: George Calhoun

In a groundbreaking move that will reshape the workplace and many litigation practices nationwide, the FTC has issued a final rule that effectively bans all employee non-compete clauses.  Approximately 30 million Americans currently work under a non-compete clause.  All but a few applicable to senior executives will be void upon the effective date of the rule. After the rule is effective, no new non-compete clauses…

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Ad-Tech Europe: The Moving Target Marking Targeted Advertising

April 26, 2024

Ad-Tech Europe: The Moving Target Marking Targeted Advertising

By: Nicole Kardell

The European Data Protection Board (“EDPB”) recently published an opinion on the legality of pay-or-consent models for online platforms offering services in Europe.  While the opinion is non-binding and limited to “large online platforms[1],” companies that offer platforms large and small in Europe should pay attention to the EDPB’s analysis—it will inform their future guidance for entities large and small. The upshot: Pay-or-consent models [for…

Read More about Ad-Tech Europe: The Moving Target Marking Targeted Advertising

Former Uber Security Chief Convicted of Federal Charges Stemming From 2016 Extortionate Data Breach

October 28, 2022

Former Uber Security Chief Convicted of Federal Charges Stemming From 2016 Extortionate Data Breach

By: Michelle Cohen

Uber’s former Chief Security Officer, Joe Sullivan, was convicted of two federal charges—obstruction of justice and misprision of a felony—for his role in covering up an extortionate data breach in 2016, which compromised more than 50 million personal records of Uber drivers and passengers, while the Federal Trade Commission (“FTC”) was probing Uber’s privacy protections.  The San Francisco jury’s verdict marks a stunning development in…

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New California Law Establishes Broad Protections for Children’s Online Privacy – Exceeding Federal Requirements

October 4, 2022

New California Law Establishes Broad Protections for Children’s Online Privacy – Exceeding Federal Requirements

By: Jake Gray

California made history in September as the first state to enact legislation that punishes technology companies for violations of minors’ privacy and for practices that jeopardize minors’ safety in an effort to prioritize “the privacy, safety, and well-being of children over commercial interests.”  On September 15th, Governor Newsom signed The California Age-Appropriate Design Code Act (“the Act“) into law. The legislation, which was passed by…

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The FTC Weighs In: Online Services Must Be Diligent When Kids’ Privacy At Stake

March 9, 2022

The FTC Weighs In: Online Services Must Be Diligent When Kids’ Privacy At Stake

By: Nicole Kardell

WW International (f/k/a Weight Watchers) seems to be doing children a service: the company developed an online program tailored to address childhood weight issues.  The program, offered by WW subsidiary Kurbo, has an app, youthful professional coaches, and many features that look promising both to attract and to retain program young subscribers. Plus, the program touts peer-reviewed published research demonstrating its success.  With some 20…

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Federal Court Dismisses Illegal Lottery Claims Against Omaze, Emphasizing Adequacy of Fundraiser’s Alternative Means of Sweepstakes Entry

February 25, 2022

Federal Court Dismisses Illegal Lottery Claims Against Omaze, Emphasizing Adequacy of Fundraiser’s Alternative Means of Sweepstakes Entry

By: Jacob Grubman

 As covered in this blog, in most states, companies that offer sweepstakes entries with certain purchases must also allow free entry (often called “alternative means of entry” or “AMOE”). This requirement stems from the three elements that generally make up regulated gambling: (1) consideration, (2) prize, and (3) chance. Random-chance giveaways inherently meet the latter two factors. To avoid running afoul of the gambling laws,…

Read More about Federal Court Dismisses Illegal Lottery Claims Against Omaze, Emphasizing Adequacy of Fundraiser’s Alternative Means of Sweepstakes Entry

New Federal Court Decision Counsels “Clear and Conspicuous” Advertisement of Alternative Means of Sweepstakes Entry – Coinbase Suit Proceeds

January 12, 2022

New Federal Court Decision Counsels “Clear and Conspicuous” Advertisement of Alternative Means of Sweepstakes Entry – Coinbase Suit Proceeds

By: Jacob Grubman

  Most states require that companies offering sweepstakes allow entry without requiring purchase or other consideration. This alternate means of entry, or “AMOE,” avoids liability under gambling and lottery statutes by removing the “consideration” element in state gambling and lottery laws. A recent decision in California federal court has shed new light on how sweepstakes operators must publicize these alternative means of entry (“AMOE”), underscoring…

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Articles and Presentations by Our Firm Attorneys

Ticketmaster’s Cruel Summer – the potential implications of a DOJ lawsuit against the ticketing platform and why concert fans may not be out of the woods yet.

Ticketmaster’s Cruel Summer – the potential implications of a DOJ lawsuit against the ticketing platform and why concert fans may not be out of the woods yet.
By: Abbey Block

The FTC Kills Noncompetes

The FTC Kills Noncompetes
By: George Calhoun

Ad-Tech Europe: The Moving Target Marking Targeted Advertising

Ad-Tech Europe: The Moving Target Marking Targeted Advertising
By: Nicole Kardell

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