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In Washington, supply chains are now tied to national security, resilience, and public health. We’re seeing that play out in FDA policy, inspection priorities, and legislation like the BIOSECURE Act. Across the Atlantic, the story is similar—but not identical. The European Union is advancing its own framework through the Critical Medicines Act, shortage‑prevention mandates, and new expectations ar...

As businesses increasingly turn to generative artificial intelligence (GenAI) tools to develop brand and marketing assets – such as names, logos and product designs – they face novel legal questions, including who owns the copyright or trademark rights when GenAI contributes to the creation process.

On today’s episode of AD Nauseam , Amy and Daniel are joined by BakerHostetler Partner Victoria Rutherfurd to explore the FTC’s renewed scrutiny of subscription and negative option practices, including signals that rulemaking may restart after the prior rule was struck down. The discussion also highlights ongoing ROSCA litigation trends and practical steps companies should take to strengthen subsc...

Today’s topic is a big one: the BIOSECURE Act, signed into law on December 18, 2025, as part of the FY 2026 National Defense Authorization Act. The law restricts federal agencies, contractors, and grant recipients from procuring or using biotechnology equipment or services from what the statute calls “biotechnology companies of concern.” This is more than a procurement rule—it has broad implicatio...

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologie...

On today’s episode of AD Nauseam , Amy and Daniel explain when trade names can be treated as advertising claims and challenged as misleading, focusing on how the FTC and NAD handle expressly false versus implied claims. They highlight key cases, especially in health and wellness, and offer practical guidance on when bold or hyperbolic names are allowed and when a name change may be required. Quest...

Cybersecurity is no longer just an IT or privacy issue. For FDA regulated companies, it’s a patient safety issue, a product quality issue, and increasingly a regulatory enforcement issue. FDA has made it clear that cybersecurity vulnerabilities can affect medical devices, software, manufacturing operations, clinical data, and even the availability of life saving products. Today, we’re bringing tog...

On today’s episode of AD Nauseam , Amy and Daniel look back at the NAD’s biggest shifts in 2025—from new leadership and procedural updates to major trends in health claims, influencer cases, AI enforcement, and Made in USA scrutiny. They unpack how Phyllis Marcus is reshaping the process and what this year’s surge of challenges means for advertisers heading into 2026. Questions & Comments: amu...

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologie...

Today we will focus our discussion on AI and Digital Health and FDA’s Evolving Oversight. The FDA has been actively shaping its regulatory framework for AI and machine learning in medical devices, recognizing that traditional device regulations were designed for static products not adaptive algorithms that learn over time. Questions and Comments: wkirton@bakerlaw.com , jsherer@bakerlaw.com , avold...

On today’s episode of AD Nauseam , Amy and Daniel close out 2025 with a fast‑paced look at the FTC’s most pivotal shifts—from major leadership changes to rulemaking shakeups and the year’s most consequential enforcement trends. They will break down what defined the agency’s first year under Chairman Ferguson and what these developments signal for advertisers heading into 2026. Questions & Comm...

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex life cycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologie...

In this episode of Wait, what?, patent attorneys Laura Gordon and Stephanie Lodise tackle the surprisingly high-stakes world of patent application formatting. From font size pitfalls to the perils of shaded tables, they reveal how tiny details can trigger outsized rejections, even after allowance. With real-world stories, practical checklists, and even a pop quiz, Laura and Stephanie show how faul...

On today’s episode of AD Nauseam, Amy and Daniel are joined by special guest Julia Ensor, a former FTC attorney who spearheaded Made in the USA guidelines and regulations that are being enforced today. Julia discusses how to stay “Made in the USA” compliant and some of her favorite cases on the topic. Questions & comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

On today’s special episode of AD Nauseam , Amy and Daniel broadcast live from the Association of National Advertiser’s annual conference. They’re joined by Phyllis Marcus, Director of the National Advertising Division, for an interview at the ANA conference that took place on November 4, 2025. Phyllis discusses current NAD cases and what’s on the horizon for NAD. Questions & Comments: amudge@b...

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex lifecycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies...

The landscape of college athletics is rapidly evolving. With new opportunities for student-athletes to profit from their name, image, and likeness (NIL), and the rise of revenue-sharing following the House settlement, legal challenges to NCAA eligibility rules are mounting. In this episode, we explore the latest developments, including the Patterson v. NCAA case, and discuss how these changes impa...

On today’s episode of AD Nauseam , Amy and Daniel discuss how the FTC approaches pricing and price disclosure issues, highlighting cases involving car dealerships, seafood companies, rental properties, and delivery services. They explore the importance of clear and conspicuous pricing information, the risks of hidden fees, and offer practical guidance for businesses navigating evolving regulations...

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex lifecycle of data—from privacy and cybersecurity to advertising, AI and other emerging technologies...

In this debut episode of Wait, what?, veteran patent attorneys Laura Gordon and Stephanie Lodise unravel the deceptively tricky world of Information Disclosure Statement (IDS) timing. Just because the USPTO says you can file an IDS doesn’t mean you should, especially if you care about preserving Patent Term Adjustment (PTA). With real-world examples, court cases, and practical tips, they expose ho...

On today’s episode of  AD Nauseam , Amy and Daniel explore the topic of individual liability as it relates to FTC cases, and the importance of listening to complaints and responding appropriately from the start. Questions & Comments: amudge@bakerlaw.com or dkaufman@bakerlaw.com

On today’s episode of  AD Nauseam , Amy and Daniel are joined by special guest, advertising associate Mike Ingram, to dive into the FTC’s first enforcement of the Inform Act, which requires online marketplaces to verify and disclose information about high-volume sellers. They will also discuss the upcoming Take it Down Act focused on online content takedown. The discussion highlights the impo...

The Data Stream podcast dives deep into the fast-moving currents of data, technology, and the law. Presented by BakerHostetler’s Digital Assets and Data Management (DADM) Practice Group and hosted by Partners David Sherman and Nichole Sterling, this series explores how companies navigate the complex lifecycle of data—from privacy and cybersecurity to advertising, AI and other emerging te...

We’re back with a deeper dive into the 2025 Data Security Incident Response Report, which features insights and metrics from more than 1,250 incidents in 2024. This episode dives into the Federal Trade Commission under its new leadership and what privacy developments businesses should keep their eye on. Questions & Comments:  dkaufman@bakerlaw.com

On today’s episode of  AD Nauseam , Amy and Daniel explore the legal and regulatory challenges of deceptively formatted advertising, often referred to as native advertising, focusing on how the FTC and NAD assess whether consumers can recognize content as advertising. Through case examples and policy discussions, they emphasize the importance of clear, conspicuous disclosures to maintain tran...