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On today’s episode of AD Nauseam, Amy and Daniel explore substantiation for cosmetic advertising claims, outlining how companies can effectively promote beauty products without crossing regulatory lines. They discuss the FTC and NAD’s approach to efficacy claims—including the need for reliable lab testing, properly designed consumer perception studies, and accurate visual depictions—and highlight common pitfalls involving before‑and‑after imagery, “natural” and ingredient claims, and overstated performance promises that can trigger enforcement risk.

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On today’s episode of BakerHosts, we give businesses a clear, practical roadmap for navigating tariff refunds and the litigation risks that follow.

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In today’s digital economy, where brand identity is both a strategic asset and a frequent target of infringement, artificial intelligence (AI) is rapidly becoming indispensable in trademark enforcement. Serving as both sword and shield, AI is transforming how legal professionals anticipate disputes, monitor brand usage and enforce intellectual property rights across complex digital environments.

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Intellectual property is one of the – if not the – greatest assets a business can own. Innovative companies need to carefully identify and protect their IP assets in order to maximize their value over their terms of protection. Savvy business owners will build this protection element into their overall business plan, ensuring that the IP strategy is not an afterthought but a key proactive driver of the company’s growth. The alignment between the two is critical and ensures that both strategies support the overall goals of the business.

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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 technologies. Each episode offers clear insights and practical tips from guests across DADM.

Episode 9 features Paul Karlsgodt, co-lead of BakerHostetler's Privacy and Digital Risk Class Action and Litigation team. This episode examines today’s privacy litigation landscape, focusing on how cybersecurity incidents, adtech practices, and emerging technologies like AI shape legal risk, where companies often underestimate exposure, how early decisions influence long‑term outcomes, and what in‑house counsel should be paying close attention to right now.

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In this episode of Regulatory Horizons, Winston Kirton breaks down the recurring issues driving FDA Form 483s and warning letters, from data integrity and quality oversight to supplier controls and documentation gaps.

If your compliance program looks solid on paper but cracks appear under scrutiny, FDA will find them. Tune in for a clear look at what today’s inspections are really testing—and how companies can stay ahead.

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As social media becomes an increasingly powerful tool for brand engagement, it also presents a growing legal minefield – particularly in the realm of copyright infringement. In recent years, intellectual property litigation has surged in the digital space, with a sharp uptick in disputes involving unauthorized use of copyrighted content on platforms such as Instagram, Facebook and others.

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An effective IP strategy demands specialists who understand both IP law and deal mechanics. The IP specialist must be able to identify assets, assess chain of title, flag risks and ensure that contracts, licenses and disclosures align with the transaction’s structure. Like all specialists drawn from practice areas outside the core M&A team, they must also understand the impact of deal structure, purpose and entities on their analysis. So how do parties in a transaction make sure they are getting what they want while avoiding pitfalls?

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On today’s episode of AD Nauseam, Amy and Daniel unpack the Fifth Circuit’s Intuit decision, which vacated an FTC cease‑and‑desist order and held that the FTC’s administrative process violates constitutional separation‑of‑powers principles in false advertising cases. They discuss how the ruling—building on AMG and Jarkesy—could significantly curtail the FTC’s ability to pursue monetary remedies through administrative enforcement and reshape the agency’s consumer protection strategy going forward.

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Artificial intelligence (AI) has become nearly ubiquitous in everyday life, and given AI’s widespread use across industries, it is no surprise that the United States Patent and Trademark Office (USPTO) has taken a keen interest in AI, issuing guidance on how AI should be treated and used by USPTO personnel and patent practitioners alike.

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