Adam Bialek (Partner-New York, NY) and Taylor Bialek (Associate-New York, NY) coauthored the article “Washington Email Law Still Puts Marketers at Litigation Risk,” published in the October 30, 2026, edition of Law360. The article examines the growing legal risks associated with promotional email marketing following the Washington Supreme Court’s decision in Brown v. Old Navy LLC, which expanded the state’s Commercial Electronic Mail Act (CEMA) to cover misleading email subject lines. Although a recent legislative amendment reduces potential damages and makes liability harder to establish, the authors explain that businesses remain exposed to class actions and statutory damages when promotional subject lines overstate discounts, create artificial urgency, or misrepresent limited-time offers. They caution that “After Brown, subject lines are front-line compliance claims, and CAN-SPAM compliance alone will not eliminate state law, class action and reputational risk.” Adam and Taylor further highlight why businesses should make marketing governance an operational priority before their next email campaign, offering practical safeguards, including reviewing subject lines as standalone claims, establishing clear approval procedures, monitoring third-party vendors, and maintaining documentation to support promotional representations.