areas of expertise
Hannah E. Taylor is a partner and Co-Chair of the Advertising, Marketing & Public Relations and Blockchain Technology Groups, representing clients on digital and media technology, consumer protection, advertising, branded entertainment, and intellectual property matters. Ms. Taylor has received praise in Best Lawyers in America, The Legal 500, Chambers USA, and Super Lawyers.
Ms. Taylor represents clients in a wide variety of industries, with a particular expertise on digital and media technology, including social media and Non-Fungible Tokens (NFTs). She works with clients to structure and negotiate virtually every type of media-related agreement, and advises clients on claim substantiation and compliance with federal, state, and local laws, as well as on compliance with relevant self-regulatory guidelines and social media platform terms, and represents advertisers before the Federal Trade Commission and the National Advertising Division.
She is an industry thought-leader who frequently speaks at major conferences, including for members of the Association of National Advertisers, Brand Activation Association, National Advertising Division, Society of Digital Agencies, and International Association of Privacy Professionals, and at industry conferences including South by South West and NYC and Los Angeles Social Media Weeks. Her recent presentation topics have included, “I Want My NFT: A Primer on Non-Fungible Tokens & Related Legal Issues,” “Advertising in the Metaverse: How Brands Can Join in the Fun,” “An Interview of Mary Engle of the FTC”; “AI, Avatars, Chatbots, and Other Daunting Futuristic Media” and “Keeping up with the FTC: The Future of Influencer Marketing and the Related Developing Laws.”
Ms. Taylor is also actively involved in leading industry associations, including the ANA Legal Center of Excellence and as a member of the ABA’s Consumer Protection and Advertising Disputes & Litigation Committees. She is the Editor of the ABA’s Consumer Protection Law Developments Update, and is a co-author of the “United States” chapter in Getting the Deal Through - Advertising and Marketing.
Her clients say she is "extremely knowledgeable and provides practical, business-minded advice," adding: "she's clearly an expert in her field and can cut to the core issues quickly and efficiently." She has also been named as a Fellow of the American Bar Foundation, a global honorary society of attorneys whose careers demonstrate outstanding dedication to the highest principles of the legal profession and to the welfare of their communities.
Prior to joining Frankfurt Kurnit, Ms. Taylor was a litigator at Hughes Hubbard & Reed LLP. Her previous professional experience also includes work for Legal Momentum (formerly NOW Legal Defense Fund) and Fross Zelnick Lehrman & Zissu. She is admitted to practice in New York.
awards & recognition
Best Lawyers in America for Advertising (2020-2022)
The Legal 500 "Next Generation Lawyer" (2018-2019)
Law360 Top Attorneys Under 40 (2018)
New York-area "Rising Star" by Super Lawyers magazine (2013-2018)
Chambers USA America's Leading Lawyers for Business (Advertising)
University of Michigan Law School (J.D., 2007)
Bryn Mawr College (B.A., 2000)
Upcoming Speaking Engagements
NFTs and the Law: Part One - A Primer on Non-Fungible Tokens & What Attorneys Need to Know
Hannah Taylor presents the session, “NFTs and the Law: Part One - A Primer on Non-Fungible Tokens & What Attorneys Need to Know.” The session is part of Lawline’s online event, “Been Around the Block-Chain: Exploring the Legal Impact of Digital Currency, NFTs, and the Metaverse.” Read more.
June 28 2022
Past Speaking Engagements
June 22 2022
2022 AICP Business Affairs Boot Camp
June 9 2022
46th Annual UCLA Entertainment Symposium Webinar Series
Hannah Taylor is a panelist as part of a program with Gary Vaynerchuck, Joe Conyers of Crypto.com and Tom Ara from DLA Piper during, “Pearls and Pitfalls of NFTs in the Entertainment Industry” at the 46th Annual UCLA Entertainment Symposium Webinar Series. Read more.
June 8 2022
ACI’s 2nd Annual Summit for Women Leaders in IP Law
Hannah Taylor presents, “Blockchain, Crypto, Metaverse Digital Innovation: Exploring the Role of IP in Blockchain, Crypto, and the Metaverse” during the American Conference Institute’s Women Leaders in IP Law Summit. Read more.
May 24 2022
The Future of the Sports Industry: 2022 and Beyond
May 12 2022
NFTs, ONE YEAR IN: A Survey of the Media & Intellectual Property Issues the Community Needs to Know
Join Hannah Taylor, Jeremy Goldman, Kimberly Maynard, Nicole Bergstrom, and Zach Lewis for a webinar where they discuss the current state of the NFT and Web3 culture and community, as well as a deep dive into the most pressing intellectual property legal issues emerging in this rapidly evolving space. Read more.
March 31 2022
Data Privacy & Security Committee Meeting: NFTs 101
Hannah Taylor presents, "NFTs 101" during the Media Law Resource Center's Data Privacy & Security committee meeting.
March 24 2022
Hannah Taylor Participates in The Coming Age of NFT’s Event
March 23 2022
NFTs: A Global Perspective
February 10 2022
Hannah Taylor Participates in Metaverse 101 Live-Video Broadcast
February 2 2022
Hannah Taylor Participates in 2022 NFTs Conference
January 31 2022
Morals Clauses: What You Need to Know When Drafting Talent Agreements
Join Hannah Taylor and Jessica Carballo for this webinar covering key considerations when drafting and negotiating morals clauses in the current climate and relevant case law to inform your practice in this area. Read more.
January 19 2022
Trends and Legal Developments in the Audio Space
Hannah Taylor speaks on, “Trends and Legal Developments in the Audio Space” during a fireside chat with Brian Rideout, Senior Counsel at the New York Times, hosted by the Commercial Speech Committee of the MLRC. The discussion will examine this growing area and the legal issues and standards surrounding it.
December 16 2021
Keeping Up With Millennials: How to Counsel Effectively on Recent Industry Crazes
Hannah Taylor presents, "Keeping Up With Millennials: How to Counsel Effectively on Recent Industry Crazes" during a breakout session at the ANA/BAA Marketing Law Conference.
November 15 2021
RILA: RLAW Education Conference
October 26 2021
Everything the Advertising Business Needs to Know About NFTs
September 15 2021
I Want My NFT: A Primer on Non-Fungible Tokens & Related Legal Issues
Non-Fungible Tokens (NFTs), the latest cryptographic craze, have exploded into the world of media and entertainment, creating new markets and opportunities for advertisers, agencies, artists, investors and consumers. Jeremy S. Goldman and Hannah Taylor will cover everything from what NFTs are and how they work to the complex legal issues raised. Read more.
July 29 2021
Frankfurt Kurnit’s Virtual Sixth Annual Advertising Law Summit
We will fill your screen with thought leaders from the FTC, NAD, SAG-AFTRA and our own ranks to tackle the most challenging legal and business issues facing advertisers today. Read more.
June 24 2021
Clubhouse Series: Live-Streaming Across Platforms – The Legal Issues of the Newest Retail Craze
Hannah Taylor (@hannahetaylor) and Christopher R. Chase (@christopherchase) discuss the major legal issues with live streaming content, proving to be the retail industry’s latest craze. To participate, join Hannah’s room, The Laws of Advertising, on April 28th at 2pm EST.
April 28 2021
Clubhouse Series: How Clubhouse is Changing the Podcast Game
Join Hannah Taylor (@hannahetaylor) and Marcie Cleary (@marciecleary) on the Clubhouse app for a discussion on how Clubhouse is changing the podcast game. To participate, join Hannah’s room, The Laws of Advertising, on March 18 at 2pm EST.
March 18 2021
Clubhouse Series: Welcome to the Future! Legal Issues with Using Clubhouse
Join Hannah Taylor (@hannahetaylor) and Daniel M. Goldberg (@dangold8) on the Clubhouse app for a discussion on legal issues with using the app. They'll chat about the platform’s terms, as well as issues for companies to consider as they begin to explore using the platform for advertising. To participate, join Hannah’s room, The Laws of Advertising, on February 25th at 2pm EST.
February 25 2021
SoDA: Returning Staff, Remote Teams and MSA Negotiations
October 1 2020
Frankfurt Kurnit’s Fifth Annual (Now “Virtual”) Advertising Law Summit
Join us on June 18th for our Fifth Annual Advertising Law Summit. This will be our first virtual version. We will fill your screen with thought leaders from the FTC and our own ranks to tackle the most challenging legal and business issues facing advertisers today. Read more.
June 18 2020
Intellectual Property in Marketing
March 18 2020
Hannah Taylor at Digital Hollywood
Hannah Taylor presents “Branded & Influencer Entertainment Marketing - Across Platforms - Leveraging Image, Content and Celebrity” at Digital Hollywood’s Fall program in Los Angeles.
November 13 2019
Hannah Taylor at the 2019 ANA/BAA Marketing Law Conference
November 5 2019
RILA’s Retail Law Conference
Hannah Taylor presents " A Dozen Things Every In-House Lawyer Should Know About Advertising Law for 2019" at the Retail Industry Leaders Association's Retail Law Conference in Nashville.
October 17 2019
June 10 2019
Social Media Week NYC
May 2 2019
March 13 2019
Extreme Reach Client Connections - Business Affairs Roundtable
March 6 2019
Hannah E. Taylor at the NAD West Coast Conference
Hannah E. Taylor interviews Mary Engle of the FTC during “Affiliate Marketing: What’s Old is New Again” at the National Advertising Division conference at the Ritz Carlton in Marina Del Rey. More information here.
March 5 2019
Copyright Society CLE Event
Hannah Taylor presents "What to Know Before You Post: IP Issues & Influencer Regulation Considerations for Social Media" hosted by the New York Chapter of the Copyright Society. More information here.
December 11 2018
2018 ANA/BAA Marketing Law Conference
Frankfurt Kurnit sponsors the 2018 ANA/BAA Marketing Law Conference in Chicago. Rick Kurnit moderates "The Right of Publicity vs. Other Content Claims," Jeffrey A. Greenbaum and Brian G. Murphy co-moderate "Ten Major Contract Clauses Every Marketing Lawyer Can't Do Without" and Hannah E. Taylor presents "Avatars, Chatbots, and Other Daunting Futuristic Media." More information here.
November 7 2018
IAPP’s Privacy Security Risk Conference in Austin.
Hannah Taylor moderates and Daniel Goldberg participates on a panel “Branded Chatbots: Privacy, Advertising, and Ethical Risks” at the International Association of Privacy Professional’s Privacy Security Risk 2018 program in Austin. Read More.
October 18 2018
Hannah Taylor at the SoDA Global Member Meeting
Hannah Taylor presents "Mastering Master Services Agreements: The Top Ten Legal Issues Digital Agencies Face and How to Solve Them" at the Society of Digital Agencies' Global Member Meeting in Lisbon. The presentation covers tricky terrain of agency-client agreements and help issue spot and solve some of the main issues particular to the modern digital agency.
August 15 2018
Social Media Week LA 2018
June 14 2018
Be the Change: Frankfurt Kurnit’s Third Annual Advertising Law Summit
Changes in advertising law are inevitable. The changes come from regulators and self-regulators. They come from privacy and data security czars. They come from the courts. And they come from technology providers and platforms. Read more.
June 7 2018
Understanding FTC Regulations in Influencer Marketing
May 9 2018
Advertising in the Age of Digital Media
April 19 2018
MIP Global Trademark Roadshow 2018 In Los Angeles
Hannah Taylor and Daniel Goldberg are part of the Social Media Concerns panel at the Managing Intellectual Property Global Trademark Roadshow event at the Intercontinental Downtown Hotel in Los Angeles. More information can be found here.
March 13 2018
Volunteer Lawyers for the Arts
Hannah E. Taylor is part of the Volunteer Lawyers for the Arts panel, “Keeping up with the FTC: Fashion and Lifestyle Influencers and Developing Ad Laws”.
February 28 2018
Avoiding Deceptive Pricing: Top 10 Tips for Global Advertisers
February 28 2018
December 7 2017
2017 ANA/BAA Marketing Law Conference
Frankfurt Kurnit sponsors the ANA/BAA 39th Marketing Law Conference in Chicago. Rick Kurnit moderates "The Right of Publicity vs. Fake News and Other Content Claims", Jeffrey A. Greenbaum and Brian G. Murphy present "Content Creep: Media Deals with Custom Content, Native Advertising and Other Value-Added Elements" and Hannah E. Taylor and Daniel Goldberg present "Chat Bots/Social Bots - Rewards & Risks". More information can be found here.
November 13 2017
Chatbot Hotspots: Legal & Business Issues Every Social Media Marketer Needs to Understand
September 13 2017
ANA Committee Meeting
August 2 2017
MLRC Advertising and Commercial Speech Committee Meeting
July 25 2017
Chatbot Hotspots: Legal & Business Issues Every Social Media Marketer Needs to Understand
Hannah Taylor and Daniel Goldberg lead a Social Media Week in LA panel discussion, "Chatbot Hotspots: Legal & Business Issues Every Social Media Marketer Needs to Understand", at Expert DOJO in Santa Monica beginning at 12:30PDT. More information can be found here.
June 15 2017
Working Within the Shades of Gray: Frankfurt Kurnit’s Second Annual Advertising Law Summit
Legal questions confronting in house marketing lawyers rarely elicit simple "yes" or "no" answers. (If only they did!) More often than not — to the consternation of clients working on tight deadlines — the answer is "maybe" or "it depends" or "there's a risk." How do you help your marketing clients evaluate the risks and weigh them against potential rewards? Read more.
June 8 2017
Change is Good (But Only If You Know About It) - What’s Ahead for Advertising Lawyers in 2016
Advertising law is changing all the time. There are changes from regulators, self-regulators and unions. Changes from social platforms and review sites. Changes from privacy and data security czars. Changes from courts and bar committees. To clear your campaigns with confidence, you need to stay ahead of the changes. Read more.
June 8 2016
Hashtag Law – Legal Issues in Using Hashtags in Advertising and Social Media
March 17 2016
Everything You Always Wanted to Know About #Hashtags* *But Were Afraid to Ask
January 27 2016
PLI Hashtag Briefing
December 17 2015
Social Media Compliance
Wendy Stryker and Hannah Taylor present "Social Media Compliance", a discussion on the major legal pitfalls when posting to social media, for the Association for Accounting Marketing – NY Chapter at Anchin Block & Anchin LLP in New York.
May 7 2015
Rules of the Road: Four Areas of Law Every Social Media Maven Should Know
February 25 2015
news & press
Frankfurt Kurnit in The Legal 500 2022
The Legal 500 once again praises Frankfurt Kurnit practice groups and attorneys in the 2022 edition of their United States guide. Read more.
The Metaverse is Brought to You By…
Frankfurt Kurnit in Chambers 2022
For the eighteenth consecutive year Chambers and Partners included Frankfurt Kurnit practice groups & attorneys. The 2022 USA guide praised our Advertising, Entertainment, Intellectual Property, and Privacy & Data Security practices. In addition,13 of our attorneys are ranked individually. Read more.
How to Sell Artwork the Buyer Can’t Touch
The Best Lawyers in America 2022
We are pleased to report that Best Lawyers — the oldest and one of the most respected peer reviewed lawyer recommendation services — continues to recommend Frankfurt Kurnit. Read more.
A Legal Primer on Social Tokens
Frankfurt Kurnit in Chambers 2021
For the seventeenth consecutive year Chambers and Partners included Frankfurt Kurnit practice groups & attorneys. The 2021 guide praised our Advertising, Entertainment, Intellectual Property, and Privacy & Data Security practices. In addition, 13 of our attorneys are ranked individually. Read more.
The Best Lawyers in America 2021
We are pleased to report that Best Lawyers — the oldest and one of the most respected peer reviewed lawyer recommendation services — continues to recommend Frankfurt Kurnit. Read more.
How Brands Should Communicate Safety While Reopening Businesses During COVID-19
Frankfurt Kurnit in Chambers 2020
For the sixteenth consecutive year Chambers and Partners included Frankfurt Kurnit practice groups & attorneys. The 2020 guide praised our Advertising, Entertainment and Intellectual Property practices. In addition, 13 of our attorneys are ranked individually. Read more.
Media Law International: Rules on Influencer Advertising and FTC’s Guidance on Disclosure
Media Law International published Hannah Taylor’s article “Rules on Influencer Advertising and FTC’s Guidance on Disclosure.” View Article
How Chatbots and Voice Assistants Will Be Affected by Data Privacy Laws
Adweek quotes Hannah Taylor on the legal issues surrounding what information chatbots can give consumers. Daniel Goldberg is quoted on privacy principals and the California Consumer Privacy Act. View Article
Frankfurt Kurnit in The Legal 500 2019
The Legal 500 praises four of our core practice groups: Marketing and Advertising; Media and Entertainment; Intellectual Property (Copyright); and Cyber Law (Data Privacy and Data Protection). The London-based directory spotlighted 18 of our attorneys individually: Gregory Boyd, Christopher Chase, Victoria Cook, Daniel M. Goldberg, Hayden Goldblatt, Jeremy Goldman, Richard Heller, Andrew Hurwitz, Sean Kane, Candice Kersh, Gavin McElroy, Brian G. Murphy, Edward H. Rosenthal and Maura Wogan. Jeffrey A. Greenbaum, Rick Kurnit and Terri Seligman are listed as “Leading Lawyers” in Advertising and Marketing. Hannah Taylor is listed as “Next Generation Lawyer” in Marketing and Advertising.
Lexology Getting the Deal Through: Advertising & Marketing 2019
Law360 Names Attys Who Moved Up the Firm Ranks in Q1
Chatbots & AI—Business, Legal, and Ethical Concerns
Navigating the National Advertising Division
Landslide a publication of the ABA Section of Intellectual Property Law published Terri Seligman and Hannah Taylor’s article “Navigating the National Advertising Division.” ©2019. Published in Landslide, Vol. 11, No. 4, March/April 2019, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. View Article
New York Law Journal - Announcements of Recent Hirings and Promotions
Frankfurt Kurnit Law Firm Promotes New Advertising Law Partner
January 7, 2019, New York, NY - Frankfurt Kurnit Klein & Selz, PC has elected Hannah Taylor as a partner effective January 1, 2019. Ms. Taylor is now a partner in the firm’s Advertising, Marketing & Public Relations Group. Read more.
2018 Year In Review: Law360 Accolades
Monetising Meghan Markle
Thirty-three Frankfurt Kurnit Attorneys Named in Super Lawyers Magazine for 2018
Super Lawyers magazine lists thirty-three Frankfurt Kurnit attorneys in its 2018 edition. Read more.
Law360 lists Hannah Taylor as Rising Star
Law360 Names Top Attorneys Under 40
Law360 lists Hannah Taylor as a Rising Star in their Consumer Protection category. The 2018 list includes 168 attorneys under 40 whose legal accomplishments transcend their age. (Behind paywall) View Article
Getting the Deal Through: Advertising & Marketing 2018
New Media Doesn’t Mean New Rules: The Challenges of Chatbots
End of an Era at NAD?
Last week Frankfurt Kurnit's Advertising Group proudly hosted "A Twenty-Year NAD Retrospective: The Levine Legacy," an ABA program honoring Andrea Levine, on the occasion of her retirement as Director of NAD. With NAD transitioning to new (as yet unnamed) leadership, we thought it would be a good time to review some of the best practices that guide NAD practitioners every day. Read more.
Advertising & Marketing 2017
Rick Kurnit and Hannah Taylor edited the 2017 version of "Getting the Deal Through — Advertising & Marketing 2017", a publication providing expert advice on the latest developments in the legislation, regulation and technological trends affecting advertising and marketing in key economies worldwide. View Article
Facebook Updates Rules Governing Branded Content
The Truth Will Set You Free: The FTC Provides New Guidance on Consumer Reviews
Late last year, Congress passed the Consumer Review Protection Act, a law designed to stop businesses from using contracts to prevent customers from posting honest reviews about the business. Read more.
FTC Policy Statement Focuses on Homeopathic Health Claims
Last week, the Federal Trade Commission issued its new "Enforcement Policy Statement on Marketing Claims for Over-the-Counter (OTC) Homeopathic Drugs," as well as a staff report on a workshop that the Commission held last year on OTC homeopathic drug advertising. Read more.
Thirty-five Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2016
Super Lawyers listed thirty-five Frankfurt Kurnit attorneys in its 2016 edition. Read more.
Food for Thought: FDA Will Reconsider Rules Governing Use of “Healthy” on Labels
Federal Trade Commission Speaks on Use of “All Natural” and “100% Natural” Claims in Advertising
The Federal Trade Commission ("FTC") joined the widely publicized "natural" products debate by issuing four settlements and bringing a new complaint relating to misleading "all natural" or "100% natural" advertising claims. Read more.
Social Media Advertising Practice
Hannah E. Taylor is featured in Bloomberg BNA's Electronic Commerce & Law Report in the article, "Social Media Practice". View Article. [Reproduced with permission from Social Media Law & Policy Report,, 5 SMLR 3 (Jan. 20, 2016). Copyright 2016 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com.]
Hannah Taylor Featured in Michigan Law’s Quadrangle
Terri Seligman and Hannah Taylor in the ABA’s Newsletter, What’s In Store
Terri Seligman and Hannah Taylor's article, "Advertising Self-Regulatory Council Implements Significant Revisions To Its Procedures" is featured in What's In Store, the American Bar Association's newsletter of the Section of Antitrust Law's Consumer Protection Committee, Privacy and Information Security Committee, and Advertising Disputes and Litigation Committee. View Article
Thirty-three Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2015
Super Lawyers listed thirty-three Frankfurt Kurnit attorneys in its 2015 edition. Read more.
Getting the Deal Through - Advertising and Marketing 2015
Rick Kurnit and Hannah Taylor recently contributed key chapters to Getting the Deal Through - Advertising and Marketing 2015, an international analysis of laws and policies governing advertising and marketing. Read more.
New Updates from Facebook
The Global Advertising Alliance published Hannah Taylor's "New Updates From Facebook", a brief summarization of the new limits Facebook has placed on an how apps may access a user's information, which may have a significant impact for advertisers.
Thirty-one Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2014
Super Lawyers listed thirty-one Frankfurt Kurnit attorneys in its 2014 edition. Read more.
Paying Attention: FTC Focuses on Cognitive Function Claims in a Video Game
The Federal Trade Commission has made clear in recent months that it will scrutinize claims from advertisers about products that allegedly improve cognitive function, including video game products. Read more.
FTC Focuses on Search Terms in Settlement with Maker of Children’s Dietary Supplements
Facebook Prohibits Incentivized Likes
With Warning Letters, FTC Continues to Aggressively Police Environmental Marketing Claims
As part of its continuing efforts to combat deceptive environmental marketing claims, the Federal Trade Commission ("FTC") recently sent warning letters to 15 plastic bag advertisers cautioning them that their "oxodegradable," "oxo biodegradable," and "biodegradable" claims may be deceptive. Read more.
Get Ready for New Telemarketing Rules
Can FTC Bring “Unfairness” Claims in Alleged Data Security Breach Cases?
That's the important question currently before a federal appeals court - a question with huge implications for advertisers and other custodians of sensitive customer data. How did the question arise? Read more.
Getting the Deal Through - Advertising and Marketing 2014
Rick Kurnit and Hannah Taylor recently contributed key chapters to Getting the Deal Through - Advertising and Marketing 2014, an international analysis of laws and policies governing advertising and marketing. Read more.
Nailed: NAD Says Beauty Product “Before and After” Photos Are Performance Claims
The National Advertising Division requested that Ontel Products Corporation discontinue use of before-and-after photos in ads for the company's Pink Armor Nail Gel product. The NAD found that the company's before-and-after photographs were not representative of the level of product efficacy that a reasonable consumer could expect to achieve. Read more.
FTC Pursues False Endorsement Allegations Against “Intermediaries” and Social Media Contests
We recently reported on the FTC's settlement with home security company, ADT LLC for their use of paid endorsers presented to look like impartial experts. As five recent investigations show, the ADT investigation extended to other parties. In addition, the FTC's interest in monitoring endorsements has expanded to include social media promotions. Read more.
FTC Sounds the Alarm on ADT Paid Endorsements
As part of its ongoing focus on endorsements in advertising, the Federal Trade Commission recently settled a case against home security company, ADT LLC, for use of paid endorsers presented to look like impartial experts. In its complaint, the FTC alleged that ADT paid spokespeople to review, demonstrate and promote ADT's "Pulse Home Monitoring System" without disclosing that they were paid to do so. Read more.
In Newest Native Advertising Case, NAD tells Shape Magazine to Shape Up!
A recent decision from the National Advertising Division of the Better Business Bureau highlights the increasing interest in native advertising by regulatory and self-regulatory bodies. As the Interactive Advertising Bureau noted in its recently released Native Advertising Playbook, native advertising is hard to define because it can take many different forms, and the questions it poses are far from settled. Read more.
FTC Issues Updated Guidance on Weight Loss Claims
The Federal Trade Commission (the "FTC" or the "Commission") announced this week that it updated its guidance for publishers and broadcasters on how to spot deceptive or false weight-loss claims when screening advertisements for publication. Read more.
Highlights from FTC’s Native Advertising Workshop: More Questions Than Answers?
The Federal Trade Commission (the "FTC") hosted its much-anticipated workshop, "Blurred Lines: Advertising or Content?", in Washington, DC. The workshop facilitated a discussion among major industry stakeholders on the practice of "native advertising" in order to help the FTC determine whether additional regulatory guidance is needed. Read more.
iPhone Accessories Company Settles FTC Charges
A marketer of iPhone accessories and other products recently settled Federal Trade Commission charges that the company made false claims that its products are made in the United States. Read more.
Native Advertising Sweeps Industry Regulatory Landscape
In the modern media landscape, companies often blend advertisements with news, entertainment, and other content, a practice sometimes referred to as "native advertising." When consumers do not realize that they are viewing advertising or sponsored content both the media and the advertisers generally have an obligation to disclose to consumers that the content is, in fact, sponsored content. Read more.
Twenty-seven Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2013
Distinguishing Advertising from Search Results
As part of its ongoing effort to provide guidance to digital advertisers (including the recent release of the updated digital advertising guidance, staff at the Federal Trade Commission's Bureau of Consumer Protection recently sent a letter to search engine companies, including Google, Bing, Yahoo! and various shopping, travel and local business search engines. Read more.
Coming Soon: Updates to Mail or Telephone Order Merchandise Rule
The Federal Trade Commission issued a report this week proposing to modernize the "Mail or Telephone Order Merchandise Rule". The rule, originally issued in 1975 and known by many as the"30 Day Rule", requires merchants selling products by mail or phone to have a reasonable basis to expect that they can ship products within the advertised time frame, or, if no time frame is specified, within 30 days. Read more.
HTC Settles FTC Device Security Charges
In February 2013, HTC, one of America's biggest sellers of mobile devices based on the Android, Windows Mobile, and Windows Phone operating systems, settled FTC charges that millions of its smartphones and tablets had security holes that allowed malicious applications to send text messages, record audio, and even install additional malware onto a consumer's HTC device, without users' knowledge or permission. Read more.
NAD Decision Did Not Support Class Action Suit Against Bayer
One of the disturbing trends for advertisers over the last few years has been the class action bar's interest in NAD decisions and its review of such decisions to provide fodder for consumer fraud cases. As a result, advertisers and challengers have had to consider the risk of a class action pile-on when engaging in cases at NAD. A recent court decision, however, may help to dampen the class action bar's interest in using the self-regulatory forum's decisions as a weapon. Read more.
FTC Report Faults Mobile App Makers on Privacy
On December 10th, the Federal Trade Commission issued a staff report, "Mobile Apps for Kids: Disclosures Still Not Making the Grade" -- a follow-up to an earlier staff report, "Mobile Apps for Kids: Current Privacy Disclosures Are Disappointing." The new staff report included results of a survey of children's mobile "apps" available in Apple's App Store and Google's Android Market. Read more.
Two Changes for Advertising Self-Regulators
There are two news items from the advertising industry’s self-regulatory arena- the first from the Council of Better Business Bureaus, and the second from the National Advertising Review Council. Read more.
Clothes Call: FTC Reviews Wool Products Labeling Rules
As part of a regular review of its rules and guides, the Federal Trade Commission is currently focusing on its "Wool Products Labeling Rules". These rules, which apply to any manufacturer, distributor, or labeler of wool products, were last modified in the year 2000. Read more.
FTC and CFPB Team Up on Financial Products Oversight
Last week, the Federal Trade Commission and the Consumer Financial Protection Bureau entered into a memorandum of understanding in order to outline how the two agencies will share responsibility for protecting consumers in the financial products and services sector. Read more.