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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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The Metropolitan Corporate Counsel: Do-Not-E-mail My Child: States Launch New Registry - Published Article -  08/01/2005

By: Gary A. Kibel and Kara R. Paldino

Michigan and Utah have recently launched similar child protection registries to enable parents to shield children from unwanted e-mail messages.  The new laws are particularly relevant to advertisers of products or services that are legally prohibited for children, such as pornography, tobacco, gambling, alcohol, prescription drugs and firearms.


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New Media Digest: FTC Seeking Comments On The CAN-SPAM Act - Newsletter -  06/01/2005

By: Ronald R. Urbach, Joseph J. Lewczak, Allison Fitzpatrick

The “CAN-SPAM” Act of 2003 (“Act”) imposes limitations on and penalties for the transmission of certain commercial electronic mail messages (“commercial email”). The Federal Trade Commission is currently seeking public comment on certain definitions and substantive provisions under the Act. These proposed rule provisions are summarized below.

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The Metropolitan Corporate Counsel: Intellectual Property In The Online World: An Ongoing Digital Dilemma - Published Article -  06/01/2005

By: Richard S. Eisert and Gary Kibel

From the very first moment when a record company learned that a song could be shared through an online file sharing service for free, or a photographer discovered that his/her photo was being distributed as a high-resolution graphic without a license or an author saw proprietary content posted on a web site without permission, the battle between content providers and technology providers has been raging. New technological advancements are often met with serious concerns over the ability to use such systems for the unauthorized use, copying or distribution of intellectual property.


CMO Magazine // Have You No Decency?
 - Press Mention - 05/03/2005

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The Metropolitan Corporate Counsel: A Win-Win For The Promotion Marketing Industry: Trade Association And Outside Counsel Share Perspectives - Published Article -  05/01/2005

Interview with: Joseph L. Lewczak and Edward Kabak

The Editor interviews Joseph J. Lewczak, Partner, Davis & Gilbert LLP, and Edward Kabak, Chief Legal Executive, Promotion Marketing Association, Inc.


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The Metropolitan Corporate Counsel Court Delivers Bitter Result To Coffee Company In Right Of Publicity Case - Published Article -  04/01/2005

By: Howard R. Weingrad and Sara L. Edelman

On January 27, 2005, a California jury awarded $15.6 million to a former model whose picture was used without his permission on Taster’s Choice coffee product labels.  This is an important development for any company dealing with rights and clearances, and serves as an important warning as to the substantial damages a defendant faces if the appropriate permission is not obtained.

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New Media Digest: Complying With The CAN SPAM Act: New FTC Regulations Provide Guidance on “Primary Purpose” - Newsletter -  02/01/2005

By: Joseph J. Lewczak

On March 28, 2005 the Federal Trade Commission’s (“FTC”) regulations defining the relevant criteria used to determine the “primary purpose” of an electronic mail message (the “Regulations”) under the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, otherwise known as the CAN-SPAM Act of 2003 (the "Act") will go into effect. After living with the Act for a year, these regulations were meant to provide some clarity in the otherwise sometimes murky waters of what e-mails fall within the confines of the Act. Whether or not they will be successful in doing so remains to be seen, but a careful analysis shows that the Regulations provide some useful guidance for anyone responsible for ensuring they are in compliance with the Act.

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