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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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Advertising, Marketing & Promotions Alert >> FCC Adopts 'Robocall' Rules Tracking FTC's Standard - Alert -  02/22/2012

The Federal Communications Commission (FCC) has adopted new rules relating to autodialed or prerecorded telemarketing calls, also known as "telemarketing robocalls," that essentially are intended to be consistent with the Telemarketing Sales Rule (TSR) enacted by the Federal Trade Commission (FTC).

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Advertising, Marketing & Promotions Alert >> European Commission Proposes Comprehensive Reform of EU Data Protection Rules - Alert -  01/26/2012

It has been approximately 17 years since the European Commission enacted its Data Privacy Directive governing the processing of personal data of EU residents.  Obviously much has changed since that time, including the explosion of access to broadband internet access, smart phones and consumers’ online activities and behavior.

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Advertising, Marketing & Promotions Alert >> FDA Issues Draft Guidance on Responding to Unsolicited Requests for Off-Label Information - Alert -  01/17/2012

On December 27, 2011, the Food and Drug Administration (FDA) released its draft "Guidance for Industry on Responding to Unsolicited Requests for Off-Label Information About Prescription Drugs and Medical Devices," the first of multiple planned draft guidances responding to testimony and comments from 2009 hearings addressing social media marketing by manufacturers and distributors (companies) of prescription human and animal drug products and medical devices.

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Edge-Online.com: The great US patent shakeup – How will changes to US patent law affect the videogame industry?  - Published Article -  01/16/2012

By S. Gregory Boyd and C. Andrew Keisner

US patent law is about to receive its biggest shakeup since the Patent Act of 1952. And it’s likely to affect all game publishers and developers. The Leahy-Smith America Invents Act, or AIA for short, which was signed into law last September and gradually phases into effect in March 2013, will significantly change the way companies will apply for and defend their patents.

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Advertising, Marketing & Promotions Alert >> FTC To Issue Mandatory Information Requests To Alcoholic Beverage Companies  - Alert -  01/11/2012

Last year the Federal Trade Commission (FTC) announced that it intended to begin a study of the self-regulatory efforts of the alcoholic beverage industry and sought public comments on its proposed collection of data from these companies.

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Advertising, Marketing & Promotions Alert >> Circuit Court Upholds Challenges To New Jersey Gift Card Law - Alert -  01/10/2012

In a ruling that provides at least some relief to issuers of stored value cards, a federal court of appeals has affirmed a district court decision preliminarily enjoining the retroactive application of a broad New Jersey law governing stored value cards and preliminarily enjoining the prospective application of the law’s "place-of-purchase" presumption.

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PRWeek: Be It Snake Oil Or Social Media, Transparency is Recommended - Published Article -  01/01/2012

By: Gary A. Kibel

Since the days when the snake-oil salesman would roll into town with a well-placed accomplice in the crowd to support bogus medicinal claims during his sales pitch, promotions professionals have struggled with issues of transparency and full disclosure. The Web has replaced the stage outside the covered wagon as the venue of choice, but the issues are still very relevant as word-of-mouth marketing and testimonials remain effective promotional strategies.

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Advertising, Marketing & Promotions Alert >> NAD Considers 'Like-Gated' Campaign For The First Time - Alert -  12/07/2011

Many companies rely on social media to promote their brands and products. Toward that end, these companies often use a variety of offers, including rebates and coupons, to solicit Facebook "likes."

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Advertising, Marketing & Promotions Alert >> Models Must Be Paid On Last Day Of Photo Shoot Under California Labor Law - Alert -  12/06/2011

The California Labor Code provides that, with limited exception, when an employer "discharges" an employee who provided services in California, the wages earned and unpaid at the time of the discharge are due and payable immediately.

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Advertising, Marketing & Promotions Alert >> Facebook-FTC Settlement Resolves Multiple Privacy Complaints With The Dominant Social Network - Alert -  12/01/2011

Facebook's settlement of Federal Trade Commission (FTC) allegations that it misrepresented its privacy practices to consumers resolves numerous complaints over Facebook's privacy practices and may be viewed as a model for how interactive companies in the United States should handle consumer privacy issues.

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Advertising, Marketing & Promotions Alert >> FTC Endorses New Privacy System for the United States and Asia-Pacific Region Regarding Cross-Border Data Transfers - Alert -  11/28/2011

Cross-border data transfers have become increasingly complex over the years as different countries and regions enforce privacy laws and practices that vary from those in the United States.

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Advertising, Marketing & Promotions Alert >> California Suit Highlights Risks of Environmental Marketing - Alert -  11/17/2011

In 2008, California amended its environmental marketing law to prohibit the sale of food or beverage containers within the state that are labeled with the terms "biodegradable," "degradable," or "decomposable." Now, California Attorney General Kamala D. Harris has filed the state’s first court action under the law against three companies that allegedly made false and misleading claims by marketing plastic water or beverage bottles as 100 percent "biodegradable" and "recyclable."

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Advertising, Marketing & Promotions Alert >> Stop Online Piracy Act: The Details - Alert -  11/10/2011

House Judiciary Committee Chairman Lamar Smith (R-Tex.), Ranking Member John Conyers (D-Mich.), IP Subcommittee Chairman Bob Goodlatte (R-Va.), and former Subcommittee Chairman Howard Berman (D-Calif.), together with a number of other Republican and Democratic House Members, have introduced H. R. 3261, the "Stop Online Piracy Act," to "promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property."

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Advertising, Marketing & Promotions Alert >> Cause Marketing Targeted By New York Attorney General - Alert -  10/26/2011

This past June, New York State Attorney General Eric Schneiderman went to court to shut down the "Coalition Against Breast Cancer," which he characterized as a "sham charity that fraudulently raised millions of dollars under the guise of fighting breast cancer, only to funnel the money to organization insiders and fundraisers." 

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Washington Legal Foundation - Legal Opinion Letter: Will Federal Food Ad "Guidelines" Tread On Brand Trademarks? - Published Article -  10/21/2011

By: Joseph J. Lewczak and Angela M. Bozzuti

Kellogg’s, McDonald’s, General Mills, Campbell Soup Company – these company names are immediately recognizable to consumers and evoke certain feelings or emotions about these companies and their multiple brands. These names are trademarks: source identifiers that communicate brand integrity and established goodwill. Trademarks, which can include business and product names, logos, slogans, and characters, are among a company’s most valuable assets and are intrinsically tied to overall brand equity.


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Advertising, Marketing & Promotions Alert >> FTC Proposes Amendments To "Mail Order Rule" To Keep Up With Technology - Alert -  10/12/2011

For many years, the Federal Trade Commission (FTC) has required that sellers who solicit buyers to order merchandise through mail or telephone have a reasonable basis to expect that they can ship ordered merchandise within the time frame they advertise or, if they do not specify a time frame, within 30 days. When a seller cannot ship within the promised time, the FTC's Mail or Telephone Order Merchandise Rule (the Rule) also requires that the seller either obtain the buyer's consent to the shipping delay or refund payment for the unshipped merchandise.

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MediaPost: Post-Google Buzz: Has Google+ Gotten Privacy Right? - Published Article -  09/26/2011

By Vejay G. Lalla and Joseph J. Lewczak

In June, Google unveiled the test phase of its new social network, Google+. While Google+ is regarded as Google’s “response” to Facebook, the service is Google’s second attempt at social networking after privacy problems plagued Google Buzz, a Twitter-like service based around user updates.

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Advertising, Marketing & Promotions Alert >> Michaels Stores Settles “Continuous Sale” Charges With New York  - Alert -  09/22/2011

Michaels Stores, Inc., the arts and crafts specialty retailer, has agreed to alter its advertising practices and to pay $1.8 million to resolve deceptive advertising allegations brought by New York State Attorney General Eric Schneiderman.

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Advertising, Marketing & Promotions Alert >> FTC Seeks Comments On Proposed Revisions To Children's Online Privacy Protection Rule - Alert -  09/19/2011

The Federal Trade Commission (FTC) is seeking public comments on proposed amendments to the Children’s Online Privacy Protection Rule (the Rule), which gives parents control over what personal information websites may collect from children under 13 years of age.

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Advertising, Marketing & Promotions Alert >> ICANN Implements Plans to Expand Top-Level Domain Name Options - Alert -  09/14/2011

The Internet Corporation for Assigned Names and Numbers (ICANN), the non-profit entity tasked with coordinating the worldwide Internet domain name system, has implemented two plans that will greatly impact the Internet’s structure of domain name suffixes known as generic top-level domains (gTLDs).

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Advertising, Marketing & Promotions Alert >> Is This the End of Premium Text Messaging Games? - Alert -  09/12/2011

More than four years after lawsuits were filed against Fox Broadcasting, NBC, and other parties claiming that sweepstakes promoted on the TV shows “Deal Or No Deal” and “American Idol” were illegal under California and Massachusetts law, the parties have reached a tentative settlement.

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MediaPost: Facebook’s Sponsored Stories May Become Tales of Woe - Published Article -  07/28/2011

By: Vejay G. Lalla

In one of Facebook’s latest efforts to monetize the participation of its over 500 million members, the company announced in early 2011 that it will offer advertisers a new opportunity: “Sponsored Stories.”

Sponsored Stories will republish a content user’s post about an advertiser’s brand as part of banner ads. Advertisers can opt to have several types of user-posted content appear as Sponsored Stories, such as page “likes,” check-ins, application engagement, and page posts.

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Advertising, Marketing & Promotions Alert >> Proposed Voluntary Guidelines On Food Marketing To Children - Alert -  06/08/2011

In an effort to combat childhood obesity, former Senator Sam Brownback and Senator Tom Harkin directed the Federal Trade Commission (FTC), the Food and Drug Administration (FDA), the Centers for Disease Control and Prevention (CDCP) and the Department of Agriculture (USDA), to establish an Interagency Working Group (IWG) consisting of nutrition, health and marketing experts to develop recommendations for the nutritional quality of foods marketed to children, ages 2-17. In response to that directive, the IWG developed nutrition principles and marketing criteria by the year 2016.

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E-Commerce Law & Policy: The Path to Regulation and Compliance - Published Article -  06/06/2011

By: Ronald R. Urbach

The existence of several high profile settlements involving the US Federal Trade Commission and various organisations - involved in ‘deceptive’ advertising techniques online - has shown that online behavioural advertising has become a communication vehicule of choice.

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Advertising, Marketing & Promotions Alert >> Dot Com Disclosures: FTC Seeking Comments  - Alert -  06/02/2011

It has been 11 years since the Federal Trade Commission (FTC) issued its guidelines regarding disclosures in Internet advertising, known as the Dot Com Disclosures.  

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