Home Home About Us Practice Areas Our Attorneys Press & Publications Events Diversity Pro-Bono Careers
Print This Page
2018   2017   2016   2015   2014   2013   2012   2011   2010   2009   2008   2007   2006   2005  


PDF >>

Legal Backgrounder: Keyword Advertising Users Search For Legal Antidote - Published Article -  07/13/2007

By: Joseph J. Lewczak and Peter C. Welch

In early April, the escape of a snake belonging to a Google employee at Google’s New York office (“the Googleplex”) sparked a brief reptile-induced panic.1 Unfortunately for the search engine community, pet jailbreaks are not the only cause of concern dogging, or slithering after, the medium. Just as the novel opportunities Internet companies have offered to their employees have created new challenges ripe for resolution by a heroic Samuel L. Jackson,2 new business models engendered by the Internet have created new battle lines. Perhaps the most significant of these challenges relates to search engine marketing and, more specifically, to the sale of trademarks as keywords triggering advertisements.

PDF >>

The Metropolitan Corporate Counsel: Death Pays: The Fight Over Marilyn Monroe’s Publicity Rights - Published Article -  07/01/2007

By: Sara L. Edelman

Just because a celebrity is dead, doesn’t mean she can’t try and earn a living. Take, for example, Marilyn Monroe. Since the blonde bombshell’s estate teamed up with the talent giant CMG Worldwide, Inc. (“CMG”) in 1996, the licensing of Marilyn Monroe’s name and image has pulled in over $30 million in revenues. Forbes Magazine routinely ranks Monroe as one of the top grossing dead celebrities; in fact, she earned a cool $8 million just last year alone. Not bad for someone who has been dead almost 45 years. Thanks to CMG’s efforts, Monroe’s name, voice and likeness are used to sell a vast array of products, including refillable lighters, vodka, cars, wine, leather furniture and jeans.

PDF >>

The Metropolitan Corporate Counsel: Self-Regulation: The Advertising Industry's Commitment To Truth and Substantiation In Advertising  - Published Article -  05/01/2007

Interview with: Ronald R. Urbach and C. Lee Peeler.

Editor: Mr. Urbach, would you tell our readers something about your professional experience?

Urbach: I am co-chair of Davis & Gilbert’s advertising, marketing, promotion and media department and have been an advertising lawyer at D&G for 30 years. From concept to distribution, we represent advertisers and their advertising and marketing agencies in all contractual, intellectual property, media and business law issues that relate to advertising, media, promotion and marketing. In our regulatory practice, we interact with the Federal Trade Commission, state regulatory agencies, state attorneys general and the industry’s self-regulatory bodies — NAD, the National Advertising Division of the Council of Better Business Bureau (“CBBB”), CARU, CBBB’s Children’s Advertising Review Unit, and NARC, the National Advertising Review Council.

PDF >>

TRUSTe: Privacy Concerns Grow As Marketers Flock to Social Networking - Published Article -  05/01/2007

By: Gary Kibel

Marketers are excellent at making use of popular cultural trends and the latest fads, as in the case of social networking. In just a short time, the use of social networking and user-generated content has exploded on the Internet, and may soon do so in the wireless world as well. So naturally, marketers have sought to jump on the bandwagon.

PDF >>

The Metropolitan Corporate Counsel: Message To Mr. Trump: Tune In Here To Win Sweepstakes Lawsuit Against “Apprentice” - Published Article -  04/01/2007

By: Joseph J. Lewczak

For decades, sweepstakes and game of chance promotions have been used as effective marketing techniques to sell products and services. At any given time, there are literally hundreds, possibly thousands, of sweepstakes offered by marketers to help entice consumers to buy more products. A recent review online turned up sweepstakes conducted by Coca-Cola, MTV Networks, Sony Pictures, Circuit City, Hershey’s, Nabisco, Xbox, Microsoft Office, and Liberty Mutual, just to name a few.


Promo Magazine // Bad Boy Marketing - Press Mention - 03/01/2007

PDF >>

The Metropolitan Corporate Counsel: Advertising, Marketing And Promotions Law Year In Review: Where Did Lightning Strike In 2006? - Published Article -  12/01/2006

By: Joseph J. Lewczak and Michael Abitbol

According to worldwide climate records, 2006 is likely to turn out to be the hottest year on record since the 1890s, meaning that Al Gore’s Inconvenient Truth may not be so far off the mark. The inconvenient truth for marketers this year is that regulators have been busier than ever in the area of advertising, marketing and promotions. We explore below some of the major issues.

PDF >>

The Metropolitan Corporate Counsel: China’s Advertising Sector: Reflecting The Cultural And Social Realities Of The World’s Fastest-Growing Economy - Published Article -  12/01/2006

Interview with: John Du and Ronald R. Urbach

Editor: Would each of you tell us about your professional background?

Du: I am a New York-based partner with Jun He Law Offices, which is headquartered in Beijing. I joined the firm in 2001. We mainly focus on representing foreign companies doing business in China, in addition to some Chinese enterprises. Over the years Jun He has represented a variety of multinational corporations.

PDF >>

Children's Advertising: A Special Update: Important Developments in Children's Advertising - Published Article -  11/14/2006

By: Ronald R. Urbach, Stuart Friedel and Allison Fitzpatrick

This is not an easy time for children’s advertising. For the past several years, the children’s advertising industry, including and in particular food and beverage advertisers, have faced non-stop criticism from politicians, such as Senator Tom Harkin, D-Iowa, and public interest groups, such as the Center for Science in the Public Interest, who have blamed children’s advertisers for the rise in childhood obesity in this country. Industry members have responded to this criticism by instituting voluntary initiatives to combat childhood obesity, including modified packaging and portion control and reformulated products. Despite industry member’s increased initiatives, the current political climate and recent government vigilance suggests that the challenges facing the industry will not dissipate but will only grow stronger in the upcoming months. In addition, the Children’s Advertising Review Unit (“CARU”) of the Council of Better Business Bureaus, the independent self-regulatory agency charged with ensuring responsible advertising to children under the age of 12, has just published its revised Self-Regulatory Guidelines for Children’s Advertising that will impact the marketing of all products to children – and not simply food products. The following is a summary of important developments in children’s advertising that will likely affect your marketing practices and those of your clients.


DM News // Yesmail Settles With FTC - Press Mention - 11/07/2006

PDF >>

The Metropolitan Corporate Counsel: Security Breach Notification Laws Become The State Statutory Norm - Published Article -  08/01/2006

By: Richard S. Eisert

In the wake of California’s pioneering 2003 Database Protection Act (“the Act”), over 30 other states have now adopted laws requiring consumer notification when personal information is disclosed or jeopardized. These laws have been coincident with a startling number of security violations over the past 18 months. According to Privacy Rights Clearinghouse, over 88 million Americans have had their personal information compromised during that period. As more state laws come on line, the major fines and lawsuits that will make restitution for past security breaches – and discourage future ones – may just be beginning.


PDF >>

The Metropolitan Corporate Counsel: The Advertising, Marketing And Communications Industry: The Pace Of Change Is Accelerating – Part II - Published Article -  05/01/2006

Part two of a two-part interview with: Ronald R. Urbach.

Editor: Tell us about the relationship between marketers and their advertising agencies.

Urbach: The marketer is the source of the message and the agency is the creator of the message. Both have a liability to the regulator for the message. The allocation of financial risks and liabilities as between the marketer and agency is largely a question of the agency/client contract and the indemnification provisions. But it is important to remember that the discussion on how to handle indemnification should focus less on form and more on what is fair and reasonable based on a myriad of factors, including which party has the most knowledge and control over the issue. If the parties are able to remain true to that principle, the resulting indemnification terms will likely allocate risk fairly.


Page  123456789101112