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In this episode, Amy Mudge and Daniel Kaufman welcome Phyllis Marcus, the new Vice President of the BBB National Programs' National Advertising Division (NAD), to discuss her transition into the role and her vision for the future of advertising self-regulation. Phyllis shares insights from her first month on the job, highlighting priorities such as AI-related advertising, influencer marketing, and teen-targeted products. She reflects on her past experiences at the FTC and emphasizes the importance of industry collaboration, transparency, and evolving enforcement strategies. The episode also touches on upcoming initiatives, including a new NAD conference workshop and potential influencer certification programs.Questions & comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

In today's episode of Contract Crunch: The Impact of President Trump's Tariffs on the Construction Industry, we delve into the intricate world of tariffs and their extensive effects on the construction sector. We'll examine how unexpected changes in material prices influence the contracting phase and the potential challenges and risks. Additionally, we'll provide best practices for clients to ensure successful project delivery in this challenging economic environment.

In a year defined by landmark decisions, impactful announcements and new standards, clarity in the patent world comes as a welcome relief. It arrived via a federal circuit court decision in August 2024 that settled certain facts related to obviousness-type double patenting (ODP), though BakerHostetler attorneys warn patentees to remain cautious.In BakerHostetler's second annual IP Perspectives (BHIPP) thought leadership piece, the Intellectual Property Practice Group highlights a myriad of IP-related topics that are at the forefront of industry developments and current challenges and trends.

In this episode, hosts Amy Mudge and Daniel Kaufman discuss various health-related cases involving medical devices and FTC rulings. They delve into notable cases such as the QRay bracelet, which claimed pain relief through ionization, and the ViaTek mosquito shield band, which purported to repel mosquitoes. They also cover the MSA 30X Sound Amplifier and a blood pressure measuring app, highlighting the importance of substantiation for health claims and the FTC's rigorous standards. The episode emphasizes the necessity for reliable scientific evidence in advertising health-related products and the implications of making strong claims without adequate proof.Questions & comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com.

The legal landscape quaked, and clients and counsel continue to navigate the tremors. More than 40 years of precedent was upended in May 2024 when a federal circuit court struck down the Rosen-Durling test for assessing obviousness of design patents, sending BakerHostetler attorneys into overdrive as they guide patent owners and challengers in how to obtain and enforce design patents amid the LKQ decision's more-flexible obviousness analysis.In BakerHostetler's second annual IP Perspectives (BHIPP) thought leadership piece, the Intellectual Property Practice Group highlights a myriad of IP-related topics that are at the forefront of industry developments and current challenges and trends.

On today's episode of Rev Up!, our host, Ashley Hess, a partner and co-leader of BakerHostetler's Automotive/Mobility Industry Team, is discussing Artificial Intelligence and questions business owners, CEOs and managers should have top of mind as Artificial Intelligence improves and drives the Fourth Industrial Revolution.Ashley is joined by BakerHostetler partner Theresa Weisenberger, co-leader of BakerHostetler's Artificial Intelligence (AI) practice.Questions and comments: ahess@bakerlaw.com

The U.S. Patent and Trademark Office had a busy summer in 2024. Businesses and individuals with AI and software-based inventions paid particularly close attention to the agency when, in July, it released updated guidance on how patent examiners should evaluate related claims for patent subject matter eligibility. In BakerHostetler's second annual IP Perspectives (BHIPP) thought leadership piece, the Intellectual Property Practice Group highlights a myriad of IP-related topics that are at the forefront of industry developments and current challenges and trends.

Consider trade secret enforcement your armor on the battlefields of IP. Given greater exposure to cybersecurity breaches and data theft, a murky future for employee noncompete agreements, AI algorithms that challenge the integrity of trade secrets – trends suggest businesses will require robust and proactive IP strategies, including an increase in trade secret litigation and internal protection, compliance, and more. Trade secret trends are expected to undergo a significant shift as organizations adapt to expanded trade secret protection, a potential ban on noncompetes, cybersecurity breaches and data threats, new technologies, and changes in the legal landscape.In BakerHostetler's second annual IP Perspectives (BHIPP) thought leadership piece, the Intellectual Property Practice Group highlights a myriad of IP-related topics that are at the forefront of industry developments and current challenges and trends.

In this episode, Amy Ralph Mudge and Daniel Kaufman from BakerHostetler's Advertising, Marketing, and Digital Media team discuss the importance of consumer perception surveys. These surveys help businesses understand how consumers interpret advertisements, focusing on both express and implied claims. They highlight the role of such surveys in litigation and FTC investigations, explaining how they can reveal whether ads convey misleading messages. The episode also touches on the design and analysis of these surveys, emphasizing their complexity and the need for expertise.This episode of AD Nauseam is dedicated to Wink Martindale, host of iconic 80's game show, Tic Tac Dough.Questions & comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

To describe the rise of artificial intelligence (AI) as rapid is a vast understatement. From its ubiquitous presence assisting us in our most mundane daily tasks to its warm embrace by business leaders eager to revolutionize their industries, AI is pervasive – and so are its pitfalls. Indemnification provisions and enforcement are expected to shift significantly as organizations adapt to related legal changes for creators, manufacturers, distributors and users.In BakerHostetler's second annual IP Perspectives (BHIPP) thought leadership piece, the Intellectual Property Practice Group highlights a myriad of IP-related topics that are at the forefront of industry developments and current challenges and trends.

Experts play a crucial role in patent cases. Experts opine on claim construction, infringement, invalidity and the proper amount of damages. And the exclusion of an expert witness can significantly impact the outcome of a case. But the standard for excluding experts in patent cases appears to be in flux.In BakerHostetler's second annual IP Perspectives (BHIPP) thought leadership piece, the Intellectual Property Practice Group highlights a myriad of IP-related topics that are at the forefront of industry developments and current challenges and trends.

In this episode, the discussion revolves around safety claims and risk reduction in advertising, with a focus on FTC and NAD regulations. The hosts, Amy Mudge and Daniel Kaufman, highlight several key cases, including deceptive recall notices by auto dealerships and misleading claims about health products like colloidal silver and smartphone accessories. They emphasize the importance of substantiation for safety claims, noting that advertisers must provide competent and reliable scientific evidence. The conversation also touches on the need for disclosures about potential safety risks, even if no explicit safety claims are made, and the high burden of proof required for claims involving health products.Questions & comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

In this episode, the discussion centers on earnings claims and the FTC's role in regulating them. The hosts, Amy Mudge and Daniel Kaufman, highlight the importance of substantiating earnings claims to avoid misleading consumers. They discuss historical cases like Encyclopedia Britannica and Von Schrader, illustrating how the FTC has tackled deceptive earnings claims over the years. The conversation also covers recent cases, such as the FTC's action against Lyft, emphasizing the evolving standards for "up to" claims and the implications for businesses. Key takeaways include the need for accurate, current claims and the potential impact of regional variances on earnings expectations.Questions & Comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

The topic is connected vehicles and the automotive supply chain and specifically how a new law that became effective on March 17, 2025, has major implications for automakers, auto suppliers, and investors and dealmakers doing business in the Automotive/Mobility Industry.The new law addresses national security concerns posed by certain transactions involving information and communications technology and services. The law is a regulation out of the U.S. Department of Commerce's Bureau of Industry and Security that applies to connected vehicles and certain hardware and software utilized in connected vehicles.The law seeks to regulate vehicle connectivity system hardware and covered software, or VCS, and automated driving systems software, or ADS, when there is a connection to certain foreign adversaries.The new law has very broad coverage and likely will apply to every new passenger vehicle sold in the U.S. from the 2030 model year onward. The law is complex and nuanced, comes with penalties for lack of compliance, and will force the industry to add steps in its compliance regime, increasing both costs and the potential for delays.Our guest today is Melissa Mannino, a partner at BakerHostetler and co-leader of BakerHostetler's International Trade and National Security team. Let's get started with Rev Up! Where the Rubber meets the law.Questions and comments: ahess@bakerlaw.com

On today's episode of AD Nauseam, the discussion focuses on third-party liability, particularly ad agency liability. Amy and Daniel are joined by Sarah La Voi, and explain that ad agencies can be held liable for deceptive ads if they actively participate in creating the ad and should have known it was deceptive. They reference the FTC's Standard Oil case and other historical cases to illustrate how ad agencies have been held accountable. The conversation also touches on affiliate marketing, emphasizing the importance of monitoring and ensuring compliance among affiliates to avoid liability. Key takeaways include understanding the legal standards, asking the right questions, and maintaining thorough documentation.Questions & Comments: amudge@bakerlaw.com, dkaufman@bakerlaw.com and slavoi@bakerlaw.com

On today's episode of Ad Nauseam, Amy and Daniel are back to discuss the topic of disclaimers in advertising.Questions & Comments: amudge@bakerlaw.com, dkaufman@bakerlaw.com and rshaheen@bakerlaw.com

In this episode, we dive into the complex world of tariffs and their far-reaching effects on the automotive and mobility industry. With the recent implementation of President Trump's tariffs on steel and aluminum, as well as imports from Canada, Mexico and China, the industry faces significant challenges and opportunities. Trump's tariff gambit to drive additional revenue, spur U.S. manufacturing, and jump-start negotiation of new trade agreements will have a dramatic impact on the industry. Ashley's guest is Mike Snarr, co-leader of BakerHostetler's International Trade team. Join us as we explore how tariffs are reshaping the landscape for automakers, suppliers, and consumers alike.Questions and comments: ahess@bakerlaw.com

On today's episode of AD Nauseam, Amy and Daniel are back with special guest, Randy Shaheen, a fellow partner at BakerHostetler, to discuss the final week of Lina Khan's role as chair of the Federal Trade Commission.Questions & Comments: amudge@bakerlaw.com, dkaufman@bakerlaw.com and rshaheen@bakerlaw.com

Partner Janine Anthony Bowen sits down one-on-one with current Chief Information Officers in the new series, “Technology from the Top: AI, Data and the Future of Business with Today's CIOs” to discuss how they are adjusting to the everchanging technological landscape in their respective industries. Today's episode will feature an in-depth conversation with Janine on the impact artificial intelligence has on energy consumption.Questions & Comments: jbowen@bakerlaw.com

On today's episode of Rev Up!, we will discuss the impact of the new presidency and Congress on the Automotive/Mobility Industry…and how the Republican election sweep will replace the Biden administration and could pave the way for legislative and regulatory changes affecting the industry. Questions and comments: ahess@bakerlaw.com and proskam@bakerlaw.com

On today's episode of AD Nauseam, Amy and Daniel are back with special guest, Randy Shaheen, a fellow partner at BakerHostetler, to discuss the passing of the FTC's new Junk Fees Rule.Questions & Comments: amudge@bakerlaw.com, dkaufman@bakerlaw.com and rshaheen@bakerlaw.com

We're back with a deeper dive into the 2024 Data Security Incident Response Report, which features insights and metrics from 1,150+ incidents in 2023.This episode dives deeper into information governance and preservation.Questions & Comments: jsherer@bakerlaw.comand lrecord@bakerlaw.com

On today's episode of AD Nauseam Amy and Daniel are back to discuss more advertising cases relating to food marketing for part two of their episode, “Food Glorious Food.”Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com

Former Congressman Peter Roskam, who leads BakerHostetler's Federal Policy team, provides listeners with a front-row seat to the most important policy and political debates in Congress. In this episode of “The Cloakroom with Peter Roskam,” Peter interviews Congressman Adrian Smith, a Republican from Nebraska. Smith is a senior member of the House Ways and Means Committee, which will be leading the charge in 2025 on the expiring provisions of the Tax Cuts and Jobs Act.Peter and Smith talk about renewing those tax provisions, whether Congress will consider new tax cuts that were proposed during the 2024 presidential campaign and how all that could get done with Republicans facing razor-thin majorities on Capitol Hill.Questions & Comments: proskam@bakerlaw.com

On today's episode of AD Nauseam Amy and Daniel talk about the Mail Order Rule.Questions & comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com.

We're back with a deeper dive into the 2024 Data Security Incident Response Report, which features insights and metrics from 1,150+ incidents in 2023.This episode dives deeper into recent developments in U.S. comprehensive privacy regulation.Questions & Comments: jyedor@bakerlaw.com and tbloom@bakerlaw.com

Counsel Ben Wanger discusses the 2024 Global Gaming Expo with Heath Renfroe from Fenix24 and Alexandra Bretschneider from Johnson Kendall Johnson.Questions & Comments: bwanger@bakerlaw.com

Partner Janine Anthony Bowen sits down one-on-one with current Chief Information Officers in the new series, “Technology from the Top: AI, Data and the Future of Business with Today's CIOs” to discuss how they are adjusting to the ever-changing technological landscape in their respective industries.On today's episode, Janine speaks with Katherine Lowry. Katherine is the CIO at BakerHostetler and head of IncuBaker – the firm's industry-leading R&D team that helps lawyers and clients navigate the intersection of digital business, emerging technology and law.Questions & Comments: jbowen@bakerlaw.com

On today's episode of AD Nauseam Amy and Daniel talk about the new FTC Negative Option Rule.Questions & comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com

With a likely uptick in M&A and investment activity in the Automotive/Mobility industry just over the horizon, we grab the steering wheel and take a spin with Deal Drivers. Deal activity in the evolving automotive and mobility industry will be driven by technological advancements impacting vehicles and the manufacturing processes to make vehicles as well as shifting consumer demands, geopolitics, and evolution in the supply chain. Key among the issues to consider when doing a deal is how the workforce will be impacted. In this episode, Ashley discusses workforce challenges in M&A with BakerHostetler partners Mike Asensio and Sam Endicott.Questions and comments: ahess@bakerlaw.com

On today's episode of AD Nauseam Amy and Daniel talk about what to expect with the transition back to a Trump FTC in January 2025.Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com

Partner Janine Anthony Bowen sits down one-on-one with current Chief Information Officers in the new series, “Technology from the Top: AI, Data and the Future of Business with Today's CIOs” to discuss how they are adjusting to the ever-changing technological landscape in their respective industries. On this episode, Janine speaks with Shannon Johnston, formerly the CIO of Global Payments.Questions & Comments: jbowen@bakerlaw.com

Non-Americans who wish to purchase U.S. stocks and other financial assets should be aware of the tax consequences of investing here. George McCormick discusses this issue and more.Comments and questions: gmccormick@bakerlaw.com

Former Congressman Peter Roskam, who leads BakerHostetler's Federal Policy team, provides listeners with a front-row seat to the most important policy and political debates in Congress. In this episode of “The Cloakroom with Peter Roskam,” Peter interviews Jake Sherman, a founder of Punchbowl News, a website that focuses on Congress. Sherman is also an NBC News contributor and co-author of a New York Times bestselling book on Congress and President Donald Trump's first term. Peter and Sherman dissect this month's elections that returned Trump to the White House and may give Republicans majorities in both the House and the Senate. They also talk about what's on tap for Congress' post-election lame duck session and the priorities for the first 100 days of the Trump administration. Questions & Comments: proskam@bakerlaw.com

Former Republican Congressman Peter Roskam, who leads BakerHostetler's Federal Policy team, provides listeners with a front-row seat to the most important policy debates in Congress. In this episode of “The Cloakroom with Peter Roskam,” Peter is joined by his BakerHostetler colleague, former Democratic Congressman Heath Shuler. Also joining the podcast is Jim Ellis, a 35-year veteran of federal politics and election forecasting. They dissect the 2024 election results: How did Donald Trump win every swing state? How big will the Republicans' Senate majority be? Will the GOP also hold the House?Questions & Comments: proskam@bakerlaw.com

On today's episode of Ad Nauseam Amy and Daniel talk about some advertising cases relating to food marketing, including some oldies but goodies.Questions & comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com

Former Republican Congressman Peter Roskam, who leads BakerHostetler's Federal Policy team, provides listeners with a front-row seat to the most important policy debates in Congress. In this episode of “The Cloakroom with Peter Roskam,” Peter is joined by his BakerHostetler colleague, former Democratic Congressman Heath Shuler. Also joining the podcast is Jim Ellis, a 35-year veteran of federal politics and election forecasting. They will discuss the 2024 elections and the key races that will decide who wins the White House and which party controls the House and Senate – and what all that will mean for legislating and policy development in 2025.Questions & Comments: proskam@bakerlaw.com

We're back with a deeper dive into the 2024 Data Security Incident Response Report, which features insights and metrics from 1,150+ incidents in 2023.This episode dives deeper into the recent FTC privacy developments and what to look for in the future.Questions & Comments: dkaufman@bakerlaw.com and jlmitchell@bakerlaw.com

Americans who live abroad continue to be subject to U.S. taxation despite having left the United States. American expats should be aware of this and the consequences of not being tax compliant. George McCormick discusses these issues and more.Comments and questions: gmccormick@bakerlaw.com

Episode 1 – The Green Flag is waved! The transportation industry is undergoing a rapid evolutionary shift driven by technology developments, geopolitics, supply chain management, and consumer demands. In this episode, Partner Ashley Hess introduces the Rev Up! Podcast and looks at workforce issues facing the changing automotive industry. Buckle up and let's begin.Questions and comments: ahess@bakerlaw.com

Partner Janine Anthony Bowen sits down one-on-one with current Chief Information Officers in the new series, “Technology from the Top: AI, Data and the Future of Business with Today's CIOs” to discuss how they are adjusting to the ever-changing technological landscape in their respective industries. On this episode, Janine speaks with Sharay Erskine, CIO of the Atlanta Community Food Bank.Questions & Comments: jbowen@bakerlaw.com

Former Congressman Peter Roskam, who leads BakerHostetler's Federal Policy team, provides listeners with a front-row seat to the most important policy and political debates in Congress. In this episode of “The Cloakroom with Peter Roskam,” Peter interviews Congresswoman Ashley Hinson, a Republican from Iowa. First elected to the House in 2020, Hinson is a former television news anchor. Today, she serves on the Appropriations Committee.Peter and Hinson talk about how Congress differs from state legislatures – where Hinson previously served – and how Congress can become more functional. She also forecasts Congress' post-election, year-end spending fight.Questions& Comments: proskam@bakerlaw.com

On today's episode of Ad Nauseam Amy and Daniel have a special guest – Allyson Himelfarb – who is joining their discussion of CAN-SPAM and FTC enforcement of email marketing rules.Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com

Former Congressman Peter Roskam, who leads BakerHostetler's Federal Policy team, provides listeners with a front-row seat to the most important policy and political debates in Congress. In this episode of “The Cloakroom with Peter Roskam,” Peter interviews Congressman Steny Hoyer, a Democrat from Maryland. First elected to the House in 1981, Hoyer is the former majority leader and today is a senior member of the Appropriations Committee.The discussion spans Hoyer's decades of public service, from a chance encounter with JFK that changed Hoyer's life to his service in the Maryland state Senate and now in Congress. Hoyer has seen it all – he's served with seven presidents and watched the House majority switch parties five times. Peter and Hoyer also talk about how the institution of Congress has changed in recent decades – not always for the better – and how to ease the partisan gridlock that has seized Capitol Hill. Questions & Comments: proskam@bakerlaw.com

Partner Janine Anthony Bowen sits down one-on-one with current Chief Information Officers in the new series, “Technology from the Top: AI, Data and the Future of Business with Today's CIOs” to discuss how they are adjusting to the ever-changing technological landscape in their respective industries. Questions & Comments: jbowen@bakerlaw.com

Former Congressman Peter Roskam, who leads BakerHostetler's Federal Policy team, provides listeners with a front-row seat to the most important policy and political debates in Congress. In this episode of “The Cloakroom with Peter Roskam,” Peter interviews Congressman David Schweikert, a Republican from Arizona. Schweikert is a senior member of the tax-writing Ways and Means Committee. Peter's discussion with Schweikert focuses on the expiration in 2025 of key provisions of the Trump-era Tax Cuts and Jobs Act, which would trigger more than $4 trillion in tax increases. They also discuss how extending the nation's current $35 trillion national debt will affect renewing those expiring tax provisions. Finally, Peter and Schweikert talk about Republicans' narrow House majority and the ongoing campaigns for Congress and the White House.Questions & Comments: proskam@bakerlaw.com

Partner Janine Anthony Bowen sits down one-on-one with current Chief Information Officers in the new series, “Technology from the Top: AI, Data and the Future of Business with Today's CIOs” to discuss how they are adjusting to the ever-changing technological landscape in their respective industries.Questions & Comments: jbowen@bakerlaw.com

On today's episode of AD Nauseam, Amy and Daniel talk about the FTC's newly finalized rule on the use of consumer reviews and testimonials.Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com

Non-Americans who wish to purchase U.S. real estate should be aware of the tax consequences of owning real estate here. George McCormick discusses these tax issues and steps to minimize their impact.Comments and questions: gmccormick@bakerlaw.com

Former Republican Congressman Peter Roskam, who leads BakerHostetler's Federal Policy team, provides listeners with a front-row seat to the most important policy debates in Congress. In this episode of “The Cloakroom with Peter Roskam,” Peter is joined by Jim Ellis, a 35-year veteran of federal politics and election forecasting. They will discuss the Democratic National Convention, Kamala Harris' remarkable four-week campaign for president, and where the races stand today for control of Congress.Questions & Comments: proskam@bakerlaw.com

On today's episode of Ad Nauseam, Amy and Daniel have a returning special guest – Randy Shaheen, their partner at Baker Hostetler in the Advertising Marketing & Digital Media practice. Randy also teaches advertising law at Washington & Lee and will put on his professor hat to guide a discussion on the Supreme Court's Loper Bright decision that overturned Chevron, a longstanding doctrine that gave considerable deference to agencies, including the FTC. How this impacts advertisers right away and in the future is today's topic. Questions & Comments: amudge@bakerlaw.com and dkaufman@bakerlaw.com