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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Tweet, Tweet, Sue, Sue: Corporate Twitter Feeds and The Lanham Act

By: David Gabor

A case filed on April 9, 2014 in New York Federal District Court highlights the tension between celebrity endorsements and ordinary First Amendment communications in the digital age. The actress Katherine Heigl, who starred in various middlingly-successful motion pictures, has sued the drugstore chain Duane Reade Inc. for $6 million in damages for tweeting a paparazzi photo of her leaving one of its stores holding Duane Reade shopping bags,

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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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