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

Page  



MORE >>

Advertising, Marketing & Promotions Alert >> False Advertising & Deceptive Marketing Practices: Trends in Litigation and Governmental Enforcement Actions - Alert - 05/21/2014

As an increasing number of claims are filed against companies in the fashion and cosmetics industries based on false advertising and deceptive marketing, companies should ensure that they have adequate substantiation for all claims made prior to making these claims, that their environmental claims are specific and properly substantiated, and that their use of technology (including Photoshop) in the context of a product demonstration is disclosed and does not create misleading impressions of the functionality of their products.

MORE >>

Advertising, Marketing & Promotions Alert >> Branded Entertainment, Product Placement and Viral Technology - Alert - 05/21/2014

When working on branded entertainment deals, legal counsel should be aware of key legal provisions such as exclusivity, creative control and termination rights, as well as regulatory concerns, as they balance these issues against the business demands.

MORE >>

Advertising, Marketing & Promotions Alert >> Mobile Marketing: Legal Issues that Arise for Retailers and Merchandising Companies - Alert - 05/21/2014

While mobile technologies continue to change, creative counsel should work with business teams to assess the application of “traditional media” laws to new areas, and to do so in a way that manages brand image as well as legal risk.

MORE >>

Advertising, Marketing & Promotions Alert >> Minors’ Suit Against Facebook is Dismissed as California Federal Court Upholds Facebook’s Terms & Conditions - Alert - 05/01/2014

The court’s decision is significant as it found that minors had consented to, and were bound by, Facebook’s SSRs. The California Attorney General and other regulators – as well as the class representatives themselves – may seek to reverse this decision in the name of protecting children. However, as minors are increasingly entering into direct relationships with companies for goods and services, greater certainty over what terms will govern that relationship would be welcome by many. Regardless, it is important to note that the California ruling was based solely on a California law and that the applicability of its reasoning in other states, and by other courts, remains to be seen.

MORE >>

Advertising, Marketing & Promotions Alert >> Contest Entrants’ Pins Raise FTC Endorsement Concerns - Alert - 05/01/2014

The FTC’s guidance makes it clear that that pinning may constitute an endorsement of a company or its products, and entry into a sweepstakes or contest may constitute a material connection that is required to be disclosed under the FTC Endorsement Guides. Before running any social media promotion, companies should check the social media platform’s terms and conditions, and should ensure their bloggers, influencers, spokespeople, and even promotion entrants are disclosing their material connections and institute reasonable monitoring programs to ensure compliance.

MORE >>

Advertising, Marketing & Promotions Alert >> A Dozen Auto Dealers Settle FTC’s Deceptive Advertising Charges - Alert - 04/29/2014

The FTC is not alone in its focus on automobile dealership advertising practices. New York prosecutors recently reached settlements with six auto dealers that allegedly engaged in deceptive and misleading advertising practices under the state’s advertising guidelines for auto dealers, including by using footnotes or asterisks that “contradict[ed], confuse[d] or materially modif[ied] a principal message of an ad” and by using a print size “so small as to not be easily readable.”  While the FTC focused on dealers this time around, a closer look at automobile manufacturing advertising may not be far behind.  It may be time for both dealers and manufacturers to take their ads in for an advertising law tune-up.

MORE >>

Advertising, Marketing & Promotions Alert >> H&R Block’s Website Accessibility Settlement Suggests How to Become ADA-Compliant - Alert - 03/25/2014

Website accessibility under the ADA is an issue of ongoing concern, with companies not clearly understanding whether they need to comply and if so, how to do so. Indeed, it’s not clear whether ADA compliance applies to all websites, or only certain types of websites.  The H&R Block settlement may finally provide a starting point for a roadmap. Further information on the ADA’s application to websites will be available when the DOJ issues guidance on the subject, expected in April. 

MORE >>

PRNews: Monitoring Social Media: New Regulations Aim to Cut Down on Fake Reviews - Published Article - 03/20/2014

by Allison Fitzpatrick

MORE >>

Law360.com: Dumb Starbucks: Grande Parody or Trademark Infringement? - Published Article - 03/20/2014

by Brooke Erdos Singer and Joy J. Wildes

MORE >>

Advertising, Marketing & Promotions Alert >> YouTube’s Royalty-Free Audio Library Sounds Good. But, Agencies Beware - Alert - 03/17/2014

Agencies should proceed with caution before utilizing the free YouTube audio library. It is important to evaluate how the music will be used, and to make a risk assessment that considers other alternatives to this service.

MORE >>

Advertising, Marketing & Promotions Alert >> ADT Settles FTC Charges that Endorsements Deceived Consumers - Alert - 03/17/2014

The FTC’s settlement with ADT reminds advertisers to inform endorsers about their responsibilities to clearly and prominently disclose their material connection, to monitor their endorser’s compliance, and to terminate those endorsers who fail to make these required disclosures. To the extent advertisers are not doing so already, they should take steps to monitor their paid endorsers to help to ensure that they are complying with the FTC’s Guides Concerning Use of Endorsements and Testimonials in Advertising. Advertisers must consider adding to their endorser’s contract, if they have not already done so, the endorser’s obligation to make the necessary disclosures and that the failure to do so may result in termination of the contract.

MORE >>

Advertising, Marketing & Promotions Alert >> Colorado’s Retail Marijuana Regulations Cover Advertising, Labeling, and Packaging  - Alert - 03/11/2014

It’s no surprise that licensed retail marijuana sellers in Colorado have joined the ranks of other highly regulated “sin” industries such as alcohol and tobacco. These regulations are designed to ensure – among other things – that the products aren’t marketed to those who aren’t supposed to partake and that the sellers aren’t making claims that are unfounded.  While this industry is still young and likely to expand, sellers, their agents and media companies should take note that actions to enforce the regulations won’t be far behind. 

MORE >>

Advertising, Marketing & Promotions Alert >> Gambling with New Jersey’s Casino Advertising Rules: A Bad Bet - Alert - 03/11/2014

New Jersey casino licensees or applicants who seek to advertise should be familiar with the rules and regulations governing their ads. Avoiding potential legal issues with their advertising can allow licensees and applicants to focus on their own businesses and their customers. 

 

MORE >>

Advertising, Marketing & Promotions Alert >> Michael Jordan Scores on Appeal in Lawsuit over Congratulatory Ad - Alert - 03/06/2014

The Court’s decision serves as a cautionary reminder that advertisers should be careful about running congratulatory advertisements featuring famous individuals that also promote their own brand or products.  Prior to running congratulatory ads, advertisers and agencies should consult with legal counsel to avoid potential risks and ensure compliance with all relevant laws. 

MORE >>

Advertising, Marketing & Promotions Alert >> Members Of Congress Seek FTC Investigation Into Marketing Practices of Outlet Stores - Alert - 02/25/2014

It appears that pricing issues, and comparative price advertising, is getting a renewed legal focus, in light of the letter to the FTC and other recent court cases focusing on these issues. Now is a good time for businesses with any retail stores, especially including outlet stores, to examine their pricing and marketing practices to ensure they are compliant with the FTC’s Guides Against Deceptive Pricing and local price advertising regulations.  

MORE >>

InsideCounsel: Pension & Health Allocations Under the SAG-AFTRA Commercials - Published Article - 02/24/2014

by Howard Weingrad

Considering allocation amounts given when covered services are not primary.

MORE >>

Advertising, Marketing & Promotions Alert >> Children’s Advertising Update: CARU Year In Review - Alert - 02/12/2014

This past year, CARU’s inquiries were particularly focused on advertisements involving safety issues, inadequate disclosures, sweepstakes and contests, and online privacy protection.  CARU’s focus in these areas may suggest heightened scrutiny throughout 2014 as well (particularly with respect to online privacy protection, in light of the COPPA changes).  As such, children’s advertisers should pay particular attention to the outlined sections above when engaging in any marketing directed to children. 

MORE >>

InsideCounsel: Making Pension & Health Plan Payments Under the SAG-AFTRA Commercials Contract - Published Article - 02/10/2014

by Howard R. Weingrad

The Allocation Guidelines established safe harbor contribution "allocations" for various services performed by talent.

MORE >>

Advertising, Marketing & Promotions Alert >> FDA Proposes to Ease Rules for Pharmaceutical Ads on Social Media - Alert - 01/28/2014

Comments are due on the FDA’s draft guidance within ninety days. Further FDA action on postmarketing submission requirements – and other social media marketing issues – may come this summer when it issues guidance regarding the promotion, using the Internet (including social media), of medical products subject to its jurisdiction, as required by the FDA Safety and Innovation Act. 

MORE >>

Advertising, Marketing & Promotions Alert >> California Court Ruling Rejecting Overstock.com’s ARP Program Presents Challenges for Online Retailers - Alert - 01/27/2014

by Joseph J. Lewczak

A California state court has ruled that Overstock.com’s comparative advertising method is misleading and must be changed. In addition, the court ordered the online retailer to pay $6,819,000 in penalties.

MORE >>

InsideCounsel: Confronting Continuing Ambiguity in the Definition of Internet “Commercials” - Published Article - 01/27/2014

by Howard R. Weingrad

The key inquiries are whether the advertiser’s video content constitutes an advertising message and whether it could run on television as a commercial in its current form

MORE >>

InsideCounsel: Examining the Use of ‘Real People’ Appearing in Digital Commercial Products - Published Article - 01/13/2014

by Howard R. Weingrad

Signatory advertisers and agencies should be encouraged that SAG-AFTRA has recognized the benefit to both sides of allowing “reality” commercial content

PDF >>

Advertising, Marketing & Promotions Alert >> FDA Issues Warning Letter for Statements Made During Talk Show - Alert -  12/12/2013

By Stuart Lee Friedel and Rohini C. Gokhale

The FDA’s Office of Prescription Drug Promotion (OPDP) recently issued a Warning Letter to Aegerion Pharmaceuticals indicating that statements made by the CEO of Aegerion during the CNBC talk show "Fast Money" promoted the drug Juxtapid for new and unapproved uses, rendering Juxtapid misbranded under the Federal Food Drug and Cosmetic Act. This letter comes almost a year after OPDP issued an Untitled Letter to Cornerstone Therapeutics for failing to include risk information in a media pitch letter.

 

PDF >>

Advertising, Marketing & Promotions Alert >> “Do Not Track Kids Act” Reintroduced in Congress - Alert -  12/09/2013

By Gary A. Kibel; Allison Fitzpatrick; Alison Winter

Congress recently introduced the "Do Not Track Kids Act" (the Act), which updates sections of the Children’s Online Privacy Protection Act (COPPA) relating to the online collection, use and disclosure of children’s personal information and establishes new protections for the personal information of children and teens.

PDF >>

Advertising, Marketing & Promotions Alert >> Reminder: Prior Express Written Consent Now Required for Certain Text Messages and Other Calls Under New TCPA Rules - Alert -  11/19/2013

By Joseph J. Lewczak and Matthew E. Smith

Effective October 2013, the Federal Communications Commission (FCC) revised its rules under the Telephone Consumer Protection Act of 1991 (TCPA) to require “prior express written consent” in order to initiate a telemarketing call or commercial text message to any wireless number using either an autodialer or a prerecorded or artificial voice, and in order to initiate any telephone call to a residential line using a prerecorded or artificial voice, with very limited exceptions. It also made a number of other noteworthy changes to its TCPA rules.

PDF >>

Advertising, Marketing & Promotions Alert >> “Native” Advertising Grows – and So Does the FTC’s Interest - Alert -  11/19/2013

By Joseph J. Lewczak and Vejay G. Lalla

The Federal Trade Commission (FTC) will be holding a workshop in December on “native” advertising, highlighting its growth – and the growing amount of attention the FTC may potentially give to the subject.

 

PDF >>

Advertising, Marketing & Promotions Alert >> European Union Closer to Enacting Stronger Data Protection Rules and Penalties - Alert -  11/05/2013

by Gary A. Kibel; Celia R. Muller

The Civil Liberties, Justice and Home Affairs (LIBE) Committee of the Parliament of the European Union (EU) has approved amendments to the EU’s draft data protection regulations that, if enacted by the Member States, would significantly strengthen the privacy rules and penalties applicable to international companies that control or process personal data of individuals in the EU.

 

PDF >>

Advertising, Marketing & Promotions Alert >> New York Attorney General Takes Action Against Fake Online Reviews - Alert -  10/15/2013

By Ronald R. Urbach; Allison Fitzpatrick; Alison Winter

New York Attorney General Eric T. Schneiderman recently announced that 19 companies agreed to cease their practice of writing fake online reviews. These settlements are the result of "Operation Clean Turf," an investigation into the manipulation of consumer-review websites, such as Yelp, Google Local and CitySearch, by the companies that create these fake reviews, as well as the clients that pay for them.

PDF >>

Advertising, Marketing & Promotions Alert >> California Adopts Minors’ Privacy Law - Alert -  10/09/2013

By Gary A. Kibel; Allison Fitzpatrick

California has become the first state in the country to pass a law requiring operators of commercial websites or online services to give minors the ability to remove their online content. The law, which takes effect on January 1, 2015, also imposes restrictions relating to the online marketing of certain products to minors.

PDF >>

The Huffington Post: HuffPost Tech: We've Been Duped: The Fake Reviews That Caused You To Dine Here And Buy That - Published Article -  09/26/2013

By: Allison Fitzpatrick and Alison Winter

In an increasingly tech-reliant world, most of us do not step foot in a restaurant or buy anything online without doing at least a modicum of Internet research. And who better to look to before making a reservation or adding a gadget to your shopping cart than other consumers who have dined at that restaurant and used that gadget? Sadly, some of the reviews we relied upon were, in fact, totally fake.

PDF >>

Advertising, Marketing & Promotions Alert >> Facebook Makes It Easier to Administer Promotions on Its Platform - Alert -  09/17/2013

By: Joseph J. Lewczak and Allison Fitzpatrick

Facebook recently updated its Page terms to make it easier for businesses to create and administer promotions on Facebook. Facebook hopes that these changes will enable more businesses to launch sweepstakes, contests and other promotions on its platform.

 

PDF >>

Advertising, Marketing & Promotions Alert >> “Do Not Track” Disclosure Bill Likely to Become Law in California - Alert -  09/11/2013

By: Gary A. Kibel

The California Online Privacy Protection Act (the Act) was enacted in 2004 to little fanfare. It was the first state law to require a website to post a privacy policy, even though doing so was commonly believed to be the best way to comply with applicable federal and state consumer protection laws and a best practice.

 

PDF >>

Advertising, Marketing & Promotions Alert >> FDA Issues Final Rule Defining “Gluten-Free” for Food Labeling - Alert -  08/19/2013

By Stuart Lee Friedel and Jennifer B. Soussa

The United States Food and Drug Administration (FDA) has issued its long-awaited final regulation defining the term "gluten-free" for voluntary food labeling. Producers of dietary supplements and food intended for human use will have until August 5, 2014 to comply with this rule.

MORE >>

Perfect Ten: Best Lawyers Honors Ten Davis & Gilbert Partners in the Areas of Advertising, Employment, Litigation, and Real Estate - Press Release - 08/15/2013

Davis & Gilbert is pleased to announce that ten of the firm’s partners have been named to the 2014 edition of The Best Lawyers in America, the oldest and most venerable peer-review publication in the legal profession.



Page  12345678910111213