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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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Gamustra: Seven Steps to Improved Security - Published Article -  05/02/2012

By Gary A. Kibel and S. Gregory Boyd

While privacy and data security are hot topics everywhere these days, they are of particular interest to the game industry. Vast quantities of consumer data are generated every day in the game industry, including through consoles, websites, and mobile devices. Data can be a significant asset in that it provides valuable insight into a consumer’s behavior which can be used to improve games and target messages and offerings. However, data can also be a liability.

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The National Law Journal 2012 Midsize Hot List: When it Comes to Marketing, They Go Way Back - Published Article -  04/30/2012

By: Bob Stigle

Midsize and mighty. Oh, and venerable. All of the above apply to Davis & Gilbert, which opened in 1906. The firm's 114 lawyers specialize in the law attending marketing and advertising for clients including Discover Financial Services and Nissan North America.

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Advertising, Marketing & Promotions Alert >> Groupon Settles "Expiration Date" Claims for $8.5 Million - Alert -  04/12/2012

E-commerce company Groupon, Inc. has agreed to pay $8.5 million to settle over a dozen lawsuits alleging that it violated federal and state gift certificate laws by selling vouchers with illegal expiration dates.

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MediaPost: There’s An App For That – But At What Cost? - Published Article -  04/10/2012

By Alison Fitzpatrick and Alison Winter

The App Store has over 500,000 apps for work, play and everything in between. There are apps for news, finance, travel, social networking, games and everything else you can imagine. There is even a turkey call app for those who enjoy turkey hunting. (For the record, the authors of this article do not condone that activity – so please no letters!)

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Advertising, Marketing & Promotions Alert >> Commercial Email with Falsified or Misrepresented Header Information Violates Anti-Spam Law - Alert -  04/02/2012

The California Court of Appeal ruled that commercial email that uses a sender domain name that neither identifies the actual sender on its face nor is readily traceable to the sender using a publicly available online database, such as WHOIS, violates the state's anti-spam law.

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Advertising, Marketing & Promotions Alert >> Final FTC Privacy Report Seeks New Laws, Supports 'Do Not Track,' Exempts Small Businesses, and Targets Data Brokers - Alert -  03/27/2012

The final privacy report just issued by the Federal Trade Commission (FTC) substantially reflects the preliminary staff report (click here to view previous Alert) on consumer privacy and data collection practices issued by the FTC in December 2010 - albeit with a number of rather important changes.

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MediaPost: The Pinning Rules - Published Article -  03/26/2012

By Vejay G. Lalla and Anne DiGiovnni

In addition to “friending,” “liking,” “tweeting,” and “checking in,” the social-media savvy have added “pinning” to their repertoire as Pinterest.com has taken off more than 1 billion page views per month.

As with other social networks or sites that have significantly increased traffic over a very short time, the rules of engagement, particularly for brands, are not yet entirely clear. However, we know that social media marketers have a continuing desire to drive traffic and monetize the ever-growing word-of-mouth engagement power of social networking.

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Advertising, Marketing & Promotions Alert >> Mobile App Operators Announce Agreement with California Attorney General - Alert -  03/15/2012

In response to consumer privacy concerns, the leading operators of mobile application platforms – Amazon.com Inc., Apple Inc., Google Inc., Hewlett-Packard Company, Microsoft Corporation, and Research in Motion Limited (the Mobile App Operators) – announced an agreement with the California Attorney General setting forth improved privacy protections for app users.

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Advertising, Marketing & Promotions Alert >> Copyright Termination Rights Create Quandaries For Music Licensees - Alert -  03/14/2012

Brewing battles between artists and music companies over ownership rights could pose a significant liability problem for producers of commercials, motion pictures, television programs, digital content and others who seek to use musical works.

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The Recorder // Louis Willacy - Press Mention - 03/08/2012

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Advertising, Marketing & Promotions Alert >> Obama Administration Releases New Privacy Framework; Interactive Industry Responds to Calls for a "Do Not Track" Option - Alert -  02/28/2012

The Obama Administration has released a framework for protecting privacy and promoting innovation in the global digital economy that it intends to implement "without delay." The document, "Consumer Data Privacy in a Networked World," highlights the continuing importance of privacy issues to businesses and individuals - and to the government.



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