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

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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.

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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.

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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

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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.


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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.


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The Metropolitan Corporate Counsel: The Advertising, Marketing And Communications Industry: The Pace Of Change Is Accelerating – Part I - Published Article -  04/01/2006

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

Editor’s Note: Part II of this interview will appear in the May issue of The Metropolitan Corporate Counsel.
Editor: Please tell our readers about your professional background.
Urbach: I am a Partner in and Co-Chair of the Advertising, Marketing and Promotions Department at Davis & Gilbert. Over the years I have worked closely with advertising agencies and marketers of all sizes and types throughout the country and, indeed, throughout the world. The work I do for them relates to the operational part of their business – the creative output, if you will – in whatever media and form they choose, whether  roadcast commercials, print advertising, outdoor, viral or wireless. I deal directly with general counsel and corporate legal departments and provide legal services, including second opinions, an assessment of legal issues, and a detailed review of what the law is on a given issue in every jurisdiction across the country. With general counsel, we share ideas across a range of legal disciplines that touch on advertising and marketing and evaluate practical and legal risks.

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The Metropolitan Corporate Counsel: Advertising Marketing and Promotion: What Carried Weight in 2005 - Published Article -  12/01/2005

By: Joseph J. Lewczak and Michael Abitbol

Unlike 2004, 2005 was a relatively "scandal-less” year in the realm of advertising, marketing and promotions law. In 2005, more food appeared on television than ever before, as the use of product placement and brand integration campaigns increased at a rapid-fire pace. While much has been written about the complexities of measuring the effectiveness of such campaigns, one may only have to look at the data on the nation’s expanding waistline to understand that, at least in the food product category, the marketing tactic is extremely successful and its use will continue to rise. The debate raged as to whether prominent disclosures may soon be necessary in branded entertainment and if self-regulation, or Congressional action,  is appropriate to combat the marketing of unhealthy food products. There was a myriad of other interesting legal developments in 2005. Here’s a quick rundown.

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New York Law Journal: Online Advertising Challenges Tradition - Published Article -  10/10/2005

By: Marc J. Rachman and Gary A. Kibel

The Interactive advertising industry is enjoying a surge in revenues as online advertising becomes an increasingly important and required element in the advertising campaigns for many marketers. According to the Interactive Advertising Bureau, in the first quarter of 2005 alone, advertisers spent more than $2.8 billion on interactive advertising.1 With the growth of this emerging industry, it is facing legal challenges on a regular basis. Two noteworthy challenges are determining the acceptable uses of new forms of online advertising and resolving long-running disputes over the legally permissible uses of trademarks in the online world.



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