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Is 'Native Advertising' Here to Stay? - Published Article -  03/05/2013

By Vejay G. Lalla

What is native advertising? Is it effective? Recently, at the Social Media Insider Summit, the panelists on the “native” panel tried to break it all down.

Before the panel dove in, the editor of MediaPost and moderator Joe Mandese (@jmandese) shared with the audience the genesis of the term “native advertising.” It appears that the term“native monetization” was first coined by Fred Wilson during a keynote speech during an OMMA conference. “Native monetization” has now become “native advertising.”

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Bloomberg BNA's Privacy & Data Security Law Resource Center // Rockefeller Reintroduces Legislation to Set Mandatory Do-Not-Track Rules - Press Mention - 03/05/2013

Gary A. Kibel was quoted in Bloomberg BNA's Privacy & Data Security Law Resource Center, "Rockefeller Reintroduces Legislation to Set Mandatory Do-Not-Track Rules."

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Advertising, Marketing & Promotions Alert >> Why The FTC Was Not Wonderful To POM - Alert -  02/20/2013

The Federal Trade Commission (FTC) has found that claims made by POM Wonderful LLC (POM) about its pomegranate juice products in 36 distinct ads and promotional materials were false and misleading based on the absence of proper substantiation for the claims, which the FTC concluded meant well-designed, well-conducted, double-blind, randomized controlled clinical trials (RCTs).

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Advertising, Marketing & Promotions Alert >> FTC Announces New Mobile Privacy Guidelines on Same Day Social Networking App Settles Privacy Charges - Alert -  02/11/2013

By Allison Fitzpatrick, Gary A. Kibel and Joseph J. Lewczak

The Federal Trade Commission (FTC) issued a report containing specific recommendations on improving mobile privacy disclosures for mobile platforms, app developers, advertising networks, and other third parties.

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Advertising, Marketing & Promotions Alert >> FTC Amends COPPA To Strengthen Children's Privacy Protections - Alert -  01/10/2013

By Allison Fitzpatrick and Alison Winter

The Federal Trade Commission (FTC) adopted final amendments to the Children’s Online Privacy Protection Act (COPPA) to strengthen children’s privacy protections and to give parents greater control over the personal information that websites and online services collect from children under thirteen.

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Davis & Gilbert Promotes Shira Franco and Oriyan Gitig to Counsel - Press Release - 01/07/2013

Davis & Gilbert is pleased to announce that Shira Franco and Oriyan Gitig, have been elected Counsel effective January 1, 2013.

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Law 360: The Pace Of Privacy: A Look Back At 2012 - Published Article -  12/19/2012

As we each draft our own wish lists this holiday season, it is clear that for U.S. regulators the wish for effective regulation of privacy and online consumer data collection continues to be at the top of their lists. I say "continues," because last year at this time many believed that this wish would certainly come true with comprehensive privacy legislation in 2012, given that privacy appeared to be one of the few areas with broad bipartisan support. Here we are on the eve of 2013, and no such laws have yet been enacted. Privacy and data collection concerns are not going away. With the major developments in this area this past year, you can expect these issues to be front and center in 2013.

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Advertising, Marketing & Promotions Alert >> FTC Highly Critical of Mobile Apps’ Respect for Children’s Privacy - Alert -  12/19/2012

By Allison Fitzpatrick and Alison Winter

In a highly critical report, the Federal Trade Commission (FTC) found that mobile applications (apps) have demonstrated "little progress" in addressing privacy concerns for children’s data, concluding that many of the most popular mobile apps for children fail to inform parents about what types of personal information the apps collect from children, with whom that information will be shared, and how that information will be used.

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Huffington Post: What You Need to Know About Instagrab - Published Article -  12/19/2012

How many people actually read a site’s Terms of Use -- that link at the bottom of a site which brings you to a 20-page document written in cumbersome legalese? Well, in many instances, the answer is no one reads them except for the lawyers who wrote them. So imagine Instagram’s surprise when the entire Instagram community actually read Instagram’s revised Terms of Use (which go into effect on January 16, 2013), igniting a firestorm of controversy.

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Advertising, Marketing & Promotions Alert >> Post-Mortem Right of Publicity under New Jersey Law Is Limited to 50 Years - Alert -  12/05/2012

By Howard R. Weingrad and Sara L. Edelman

A federal district court in California has ruled that the post-mortem right of publicity under New Jersey common law lasts for no more than 50 years after the death of the individual whose rights are sought to be enforced.

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Advertising, Marketing & Promotions Alert >> FDA Says Pitch Letter and Press Release Were ‘False or Misleading’ - Alert -  11/29/2012

By Stuart Lee Friedel and Joseph A. Sena, Jr.

The Food and Drug Administration (FDA) has determined that a pitch letter to media outlets from a pharmaceutical company’s public relations firm and an accompanying press release were "false or misleading." The pitch letter omitted important risk information associated with the use of the drug and the pitch letter and press release presented unsubstantiated superiority claims.

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Bloomberg BNA Social Media Law & Policy Report: Pharma Challenges: Adverse Event Reporting and Social Media - Published Article -  11/14/2012

Pharmaceutical companies fear that encouraging consumers to post publicly on social media sites will inundate them with reports of adverse drug experiences, which they may be required to file with the Food and Drug Administration or risk potential liability. Fears surrounding these reporting regulations and the FDA’s lack of direction on the issue has prevented many pharmaceutical companies from taking real advantage of the spoils social media marketing has to offer today’s brands. While awaiting the FDA’s next moves, the authors write, we can expect that the majority of pharmaceutical companies will continue to navigate cautiously social media’s waters, searching for more traditional opportunities to take a dip in when they advertise online, where greater controls on content are afforded to advertisers and regulatory scrutiny is more of a known entity.

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Davis & Gilbert’s Advertising, Real Estate and Employment Law Practices Ranked in 2013 U.S. News – Best Lawyers “Best Law Firms” Rankings - Press Release - 11/08/2012

New York, NY, November 5, 2012 - Davis & Gilbert is pleased to announce that its Advertising, Marketing & Promotions Practice Group achieved a first tier ranking, once again, in the categories “National - Advertising Law” and “New York City - Advertising Law” in the 2013 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers. In addition, the Real Estate Practice Group was recognized for both the Nationwide (Tier 2) and New York City (Tier 1) categories. The firm was also recognized in the New York City category for “Employment Law – Individuals” (Tier 2).

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Advertising, Marketing & Promotions Alert >> Court Finds Press Release Was a “Commercial Use” in Right of Publicity Case - Alert -  10/17/2012

By Howard R. Weingrad and Sara L. Edelman

A federal district court in California has refused to overturn a jury verdict in favor of General Charles Yeager on his statutory right of publicity claim against AT&T Mobility LLC, rejecting AT&T’s argument that a press release in which Yeager’s name was used could not be characterized as an advertisement under the California law.

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Advertising, Marketing & Promotions Alert >> FTC Finalizes New Green Guides - Alert -  10/11/2012

By Ronald R. Urbach and Matthew E. Smith

Two decades after the Federal Trade Commission (FTC) first issued Guides for the Use of Environmental Marketing Claims (Green Guides), and nearly five years after it began its latest review of them, the FTC has released new and updated Green Guides that offer today’s marketers important guidance on how to properly make environmental claims in advertising and marketing materials as well as on product labels and packaging.

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The Huffington Post: Advertising Week: A Time of Introspection and Inspection - Published Article -  10/08/2012

By Ron Urbach

Advertising is an art as well as a science. It is passion and creativity infused into the business of marketing and communications. It is both creative and strategic; it is both chaos and focus. It’s a reflection of who we are, and this week the entire beautiful, messy industry comes to New York City for the tent-pole event called Advertising Week.

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2012 New York Super Lawyers and Rising Stars-Metro Edition Honors Nine Davis & Gilbert Partners - Press Release - 10/02/2012

New York, NY, October 1, 2012 – Nine Davis & Gilbert partners have been selected to appear on the 2012 New York Super Lawyers and Rising Stars-Metro Edition list in the areas of First Amendment/Media/Advertising, Employment & Labor, Intellectual Property Litigation, Business Litigation and Real Estate. In addition, Neal H. Klausner and Gerald R. Uram were ranked as Top 100 New York Super Lawyers. These lawyers received the highest point totals in the New York Metro nomination, research and review process.

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Advertising, Marketing & Promotions Alert >> Artist Sues Twitter over DMCA Takedown Requests - Alert -  10/01/2012

By Gary A. Kibel and Allison Fitzpatrick

Photographer Christopher Boffoli sued social media site Twitter alleging copyright infringement and failure to comply with the Digital Millennium Copyright Act (DMCA) by not removing or disabling access to what he claims to be infringing uses of his photos upon his request.

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Leading Advertising Attorney Ron Urbach Launches Industry Blog, Madison Ave Insights - Press Release - 09/28/2012

Since its inception, the world of advertising has been cloaked in magic: the industry is driven by creativity, business and innovation; is extremely fast-paced; and is often portrayed with a hint of glamour. Outsiders are eager to know more, and insiders thrive on industry buzz and constant change.Ron Urbach’s advertising industry blog, Madison Ave InsightsSM (www.madisonaveinsights.com), will peel back the curtains on Madison Avenue – the street that has long been synonymous with the world of advertising – and give readers a firsthand look into the fast-paced world of the industry.

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Advertising, Marketing & Promotions Alert >> Local Radio Contest with “Misleading” Terms Ends in FCC Fine - Alert -  09/19/2012

By Allison Fitzpatrick and Matthew E. Smith

The Federal Communications Commission (FCC) fined CBS Radio Holdings, Inc. (CBS) $10,000 after concluding that CBS’ North Carolina radio station (WBAV-FM) twice posted erroneous information on the station’s website about a contest the station was running – even though the station’s on-air announcements had correctly stated the material terms of the contest.

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Advertising, Marketing & Promotions Alert >> Mobile Marketing and Privacy: New Developments - Alert -  09/19/2012

By Gary A. Kibel

Privacy issues have long been a concern to members of the mobile marketing industry. However, a number of recent developments have brought these issues to the forefront as regulators, lawmakers and consumers begin to pay closer attention to the methods currently used to collect and use data in the mobile environment.

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Best Lawyers Distinguishes Nine Davis & Gilbert Partners in the Areas of Advertising, Employment, Litigation, and Real Estate - Press Release - 09/19/2012

Davis & Gilbert is proud to announce that nine of the firm’s partners have been recognized in the 2013 edition of The Best Lawyers in America, the oldest and most venerable peer-review publication in the legal profession.

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Davis & Gilbert Sponsors 2012 Advertising Week Program:
Mission Impossible: Truth & Privacy
 - Press Release - 09/18/2012

Davis & Gilbert will host FTC Commissioner Julie Brill, and fraud and identity theft authority, Frank Abagnale – who was channeled by Leonardo DiCaprio in the Hollywood blockbuster, “Catch Me If You Can.” Davis & Gilbert is honored to sponsor the 2012 Advertising Week program, “Mission Impossible: Truth & Privacy,” which will be held at Manhattan’s Liberty Theater on October 4.

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Advertising, Marketing & Promotions Alert >> Court Rejects Federal Criminal Charges against Host of High-Stakes Poker Games - Alert -  09/04/2012

By Joseph J. Lewczak

Online poker playing may have received a big boost as a result of a decision by a federal judge in New York. The decision overturned a federal criminal conviction against Lawrence Dicristina for operating an illegal gambling business involving poker games in violation of the federal Illegal Gambling Business Act (the Act).

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Advertising, Marketing & Promotions Alert >> Albert Einstein and the Right of Publicity: A Cautionary Tale - Alert -  09/04/2012

By Howard R. Weingrad and Sara L. Edelman

A case brought against General Motors LLC should serve as a reminder to all advertisers to carefully consider the statutory and common law rights of publicity when using the image or likeness of a deceased celebrity in an advertisement or other marketing or sales promotion.

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FeedFront: Do Not Track's Impact on Affiliate Marketing - Published Article -  08/28/2012

By Gary Kibel

Like it or not, "Do Not Track" (a/k/a "DNT") is coming as a result of Washington, the privacy community and technology companies. As industry moves closer to adopting some form of DNT, it is important to understand what it is, what it is not and what it might mean for the future of the affiliate marketing industry.

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Advertising, Marketing & Promotions Alert >> FTC Proposes Additional Changes to COPPA - Alert -  08/22/2012

By Allison Fitzpatrick and Alison Winter

The Federal Trade Commission (FTC) is seeking public comments on additional proposed modifications to its Rule implementing the Children’s Online Privacy Protection Act (COPPA). These are in response to comments it received to its proposed Rule modifications in September 2011.

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AdRants: What the Advertising Industry Learned From the Olympics - Published Article -  08/16/2012

By Ronald H. Urbach

Well, it’s over; the XXX Olympics have come and gone. Two weeks of non-stop athletic competition led to Sunday's Closing Ceremony. After watching the Opening Ceremony with its stunning visual and historical festivities, I was not sure what to expect. Would the Queen do another stunt? Would David Beckham fly a helicopter into the stadium with all of the Spice Girls on board? Would Sir Elton John sing with Bono, U2, and Mick Jagger? Would the Olympic flame be disassembled and taken away in a hot air balloon?

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AdRants: How the Olympics Has Fueled Mobile Growth - Published Article -  08/10/2012

By Ronald R. Urbach

The Olympics - I have been watching exciting events, fantastic competition and great stories. This week, I became the roving warrior, on the west coast in meetings. How was I going to stay connected to the Olympics? I became emotionally invested during Week One; I was not going to be happy merely reading the results online. The good news of course is that we now live in a world where being away from a television no longer means having to miss the show. Most of us already carry in our pockets and handbags our principal communication device, our smartphone. But fewer of us are aware that our phone may soon be our principal entertainment and viewing device as well. Already for these Olympics, having a smartphone (and a cable subscription) means having the ability to watch all 302 competitions of all 32 Olympic sports, both as they happen in real time, and in many instances, on demand, in available taped programs.

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AdRants: Five Tips For Marketers Eyeing Olympic Athlete Endorsements - Published Article -  08/08/2012

By Ronald R. Urbach

Much of what we hear as we read the reports of the Olympics is: how many medals? It appears that the media is compelled to quantify success, sort of like an Olympic box score. Is the US leading in the total medal count? Is the US leading in gold medals? How many medals does China have? Will Great Britain, the host country, finally begin to rack up the medals? As I write this article, the US is leading in total overall medals, though not in gold. Great Britain is coming on strong - now in third, and Andy Murray beat Roger Federer for the coveted gold in men’s tennis.

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AdRants: Shuttlecocks + Controversy = Happy Advertisers - Published Article -  08/06/2012

By Ronald R. Urbach

I don’t know about you, but the last time I played badminton was when I was on summer vacation with my kids. We bought the kit at the local hardware store, set it up on the grass and started playing. As we played, not only did we have fun, we got better. This stimulated me to learn a little more about the game: the little birdie thing that we were hitting was called a shuttlecock, and the game itself had been started by bored British military officers in 18th century India.

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AdRants: The Importance (And Relevance) of Official Olympic Sponsorship  - Published Article -  08/02/2012

By Ronald R. Urbach

How many of you have seen this phrase in advertising on the Olympics broadcast: Official Sponsor of the U.S. Olympic Committee? We have all seen these words before. But take a moment and think about them. What do these words really mean? Who cares what they mean?

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AdRants: Advertising Lessons Learned From the Olympics Opening Ceremony - Published Article -  07/31/2012

By Ronald Urbach

It has begun, the Olympics. Even the name sounds grand. For the athletes, it reflects years of overwhelming personal effort and training focused on a singular goal - to win gold. For each country, it’s time to fly the flag and show pride. For London, it’s the moment where they can show off to the world. For the agencies, advertisers, marketers, media, and the people and businesses that live and work in the ad ecosystem, they see the Olympics from their own unique vantage point.

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Advertising, Marketing & Promotions Alert >> Study of “Up To” Claims Suggests Possible Change in FTC Standard - Alert -  07/30/2012

By Ronald Urbach and Matthew Smith

A Federal Trade Commission (FTC) study found that when marketers use the phrase "up to" in claims about their products or services, consumers are likely to believe that they will achieve the maximum "up to" results.

 

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Advertising, Marketing & Promotions Alert >> First NAD Action Involving Pinterest - Alert -  07/30/2012

By Allison Fitzpatrick and Vejay G. Lalla

In its first action involving the social media site Pinterest, the Council of Better Business Bureau’s National Advertising Division (NAD) determined that the consumer testimonials posted on Nutrisystem’s Pinterest board needed to include clear and conspicuous disclosures that comply with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (FTC’s Endorsement Guides).

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Davis & Gilbert LLP Represents Weather Underground in Recent Merger - Press Release - 07/24/2012

New York, NY, July 24, 2012 – Davis & Gilbert acted as lead counsel to the world’s first online weather service, Weather Underground, in its acquisition by industry leader and competitor, The Weather Channel Companies.  The acquisition, which resulted in the combination of two of the largest and most revered weather outlets, was announced publicly on July 2, 2012 and closed on July 13, 2012. Weather Underground, which runs the website wunderground.com, is known for providing the most comprehensive and reliable weather information available.

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Advertising, Marketing & Promotions Alert >> Mobile App Developer Settles COPPA Suit - Alert -  07/19/2012

A developer of children’s apps and its two owners settled a lawsuit brought by the New Jersey Attorney General alleging violations of the Children’s Online Privacy Protection Act (COPPA).

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Davis & Gilbert Counsel to WPP plc in AKQA Acquisition - Press Release - 07/17/2012

New York, July 17, 2012 – Davis & Gilbert acted as lead counsel to WPP Group plc, one of the world’s largest communications groups, in its acquisition of AKQA Holdings, Inc.  AKQA is the world’s leading independent digital agency and recipient of numerous “Agency of the Year” awards, and the transaction represents one of the largest-ever acquisitions of a digital ad agency.  AKQA will operate as an independent and standalone brand within WPP Group.  AKQA had assets totaling $282 million at the end of 2011, and projects revenues of $230 million for 2012. It employs 1,160 people across offices in San Francisco, New York, Washington DC, London, Paris, Amsterdam, Berlin and Shanghai.

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Advertising, Marketing & Promotions Alert >> Facebook Settles “Sponsored Stories” Suit - Alert -  07/02/2012

Facebook agreed to pay $10 million to settle a lawsuit brought by plaintiffs who claimed that Facebook’s “Sponsored Stories” service used their name and likeness without their consent in violation of their right of publicity.

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Practical Law Company: Rights Clearance Checklist - Published Article -  07/01/2012

By Richard S. Eisert

A Checklist identifying the main intellectual property and personal rights clearances that may be necessary when creating or using works that may qualify for copyright, trademark and other intellectual property and personal rights protections. Companies must conduct appropriate rights clearance when creating and using these materials to minimize exposure to potential legal action and exposure to liability.

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Advertising, Marketing & Promotions Alert >> Government Challenges Internet Sweepstakes Cafés - Alert -  06/28/2012

Recent legislation and state Attorney General actions relating to Internet sweepstakes cafés may be a sign of greater legal scrutiny of games and promotional tactics that skirt or come close to the line of lotteries and gambling.

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Advertising, Marketing & Promotions Alert >> The Future of 'Do Not Track' and its Impact on Online Media - Alert -  06/20/2012

"Do Not Track" or "DNT" is a popular buzz word these days in Washington and for the privacy community. However, as the interactive industry moves closer to adopting some form of DNT, is it important to understand what it is, what it is not and what it might mean for the future of this industry.

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Advertising, Marketing & Promotions Alert >> FTC Hosts Workshop on Advertising and Privacy Disclosures in Online and Mobile Media  - Alert -  06/19/2012

The Federal Trade Commission (FTC) recently hosted a public workshop to consider the need for new guidance concerning advertising and privacy disclosures in the current online and mobile environment.



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