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Promo Magazine: Quiznos/Subway Settlement Poses Legal Threat to Future UGC Promos - Published Article -  03/23/2010

By: Joseph Lewczak

Quiznos and Subway recently settled their longstanding dispute involving the Quiznos vs. Subway TV Ad Challenge user generated content promotion and other advertising created by Quiznos for its Double Meat Campaign. The settlement came quickly after the court in the matter issued a decision denying Quizno's motion for summary judgment. The negative decision for Quiznos could have far reaching consequences for future UGC promotions, and sponsors should now carefully consider what type of content they ask users to submit.

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PRWeek: Social Media Guidelines and Why You Need Them to do Business - Published Article -  07/24/2009

By: Michael C. Lasky

Public relations firms are quickly trying to develop appropriate social media guidelines in order for their employees to use (and not misuse) tools such as Facebook, blogs, and Twitter.  This article highlights the key principles that all firms should keep in mind, although social media guidelines should be customized based on a firm’s own culture and risk tolerance.

Social media guidelines should be prepared by legal counsel and signed or accepted by all employees as a condition of their continued employment. Here are four points that should be incorporated into any fi rm’s
social media guidelines:

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Brandweek//New FTC Asserts Itself - Press Mention - 04/27/2009

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Privacy & Data Security Law Journal: Statutorily Mandated Security Requirements - The Next Step in the Evolution of Data Security Laws - Published Article -  02/24/2009

By: Gary A. Kibel and Alison Winter

It has been over five years since California SB 1386 became effective and ushered in the age of state security breach notification laws. While the obligation to disclose security breaches is now well recognized, there has been less clarity on the measures legally required to prevent the occurrence of a security breach in the first place. There is certainly some guidance that can be gained from reviewing recent enforcement actions by the Federal Trade Commission ("FTC" or the "Commission") in which failure to maintain reasonable security standards has been interpreted by the Commission as an unfair practice in violation of the FTC Act. However, data security legislation has taken a giant step forward with the enactment of two state laws that contain specific data security requirements.

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Gamasutra: Emerging Issues in In-Game Advertising - Published Article -  02/11/2009

By: S. Gregory Boyd and Vejay G. Lalla

Advertising in games is currently in a stage similar to internet advertising in the late 1990's -- the research and development phase. As such, many deal terms during negotiations between game companies and advertisers -- including one of the most important to all parties, price -- are in flux.

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IP Law & Business//Game Hero - Press Mention - 01/01/2009

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The Metropolitan Corporate Counsel: Behavioral Advertising - An Advertisers Dream Or A Privacy Nightmare? - Published Article -  09/01/2008

By: Gary A. Kibel

Behavioral advertising is the practice of capturing vast amounts of non-personal consumer data, developing a profile of the consumer and then delivering a targeted message to that particular consumer.

 

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The Metropolitan Corporate Counsel: Virtual Property - Business Models and Pitfalls - Published Article -  09/01/2008

By: Richard S. Eisert and S. Gregory Boyd

In the last several years, online games and communities have experienced exponential growth. A number of these worlds such as EverQuest, Second Life and World of Warcraft are self-contained persistent worlds where consumers spend many hours a week. Traditionally, the main revenue stream for these businesses in the United States has been from subscription sales. However, a new method for achieving additional revenue is growing in popularity. This new method is virtual property sales, and it is growing in popularity because it allows game businesses to fine tune prices to match a broad spectrum of consumer demand. But this new revenue stream is not without potential problems. The purpose of this article is to outline the main virtual property models used by online businesses and highlight potential issues as these business models develop.

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Privacy & Data Security Law Journal: Federal Trade Commission Proposes Principles Regarding Privacy in Online Behavioral Advertising - Published Article -  04/01/2008

By: Gary A. Kibel

The Federal Trade Commission recently released proposed principles regarding Online Behavioral Advertising. These proposals followed a public workshop and forum held on November 1-2, 2007, during which the FTC sought to analyze the issues surrounding such practices and whether or not there existed a genuine issue for the FTC to address.

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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.

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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: 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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