Federal Regulatory Authority and Power of the Press Release

By David Gabor

Among the unstated powers of the federal (and sometimes state) government that few litigation targets think about is the power of the press release. Prosecutors, whether at the agency level or above (for example, at the state Attorney General’s office or at the Federal Department of Justice), have a hidden tool in their arsenal. It is so simple that many persons and corporations often fail to take it into account in their defense strategy.

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“Buckyballs” and The Perils of Challenging Federal Powers Of Advertising Regulation

By: David Gabor

As someone who has litigated extensively against federal regulators on advertising issues, I have first-hand knowledge of how difficult it is to prevail in a case brought by the feds. For example, the FTC’s “win percentage” is astonishing; some have rated it over 99% of all cases brought. It is fair to say that the deck is stacked against the target of any such litigation.

Typically,

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No E-Smoking Please, We Are European!

By David R. Gabor

For those of us old enough to remember, the bars, restaurants and salons of Europe were once literally awash in smoke so thick you could cut it with the proverbial knife. Starting at least a decade ago, however, certain EU countries began requiring extremely large, graphic health warnings on all tobacco products that were 60% of the packaging, as well as ensuring that cigarette packaging be childproof.

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Weintraub Tobin and Waldron & Bragg Merge

Download: WTWB Merger Press Release FINAL.pdf

Weintraub Tobin Chediak Coleman Grodin Law Corporation and Waldron & Bragg, a professional corporation, have jointly announced the merger of their business law and litigation firms. The combined firm will be named Weintraub Tobin Chediak Coleman Grodin and have offices in Sacramento, Calif., San Francisco, Calif., Beverly Hills, Calif., and Newport Beach, Calif. With more than 70 attorneys, the firm will continue to focus on corporate,

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What Are You Smoking? Notes on the Increase in State and Local Regulation of E-Cigarettes

By: David Gabor

The FDA defines electronic cigarettes, also known as e-cigarettes, “e-cigs” or “vapes” (as in vapors), as “battery operated products designed to deliver nicotine, flavor and other chemicals. They turn nicotine, which is highly addictive, into a vapor that is inhaled by the user.” http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm172906.htm.

Selling and advertising e-cigarettes, now more commonly known as “vaping,” presents an array of legal issues. It has grown into an industry estimated to be at annualized sales of $2 billion a year —

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