Alerts: Advertising Law
Facebook Moves to Dismiss Complaint Based On Use of Minors’ “Likes”
A recent class action on behalf of California minors takes aim at Facebook for its practices regarding the use of Facebook members’ names, likenesses, and preferences. The plaintiffs allege that Facebook encourages its users to communicate “likes” of goods and services under the pretense that it contributes to the social nature of the site. Read more.
February 8, 2011
Alerts: Advertising Law
FTC Gives Public More Time to Comment on New Privacy Paradigm
The original deadline for public comments on the Federal Trade Commissions 122-page staff report on privacy, "Protecting Consumer Privacy in an Era of Rapid Change", was January 31, 2011. But because of the nature and complexity of the questions raised, a number of organizations petitioned the FTC for an extension of time in which to comment. Read more.
January 24, 2011
Alerts: Advertising Law
Restore Online Shoppers’ Confidence Act Becomes Law
President Barack Obama recently signed into law the "Restore Online Shoppers’ Confidence Act." It was enacted last year in the wake of a Senate Committee investigation into aggressive online marketing tactics, and its prohibitions and restrictions are likely to have a significant impact on certain common forms of online marketing. Read more.
January 14, 2011
Alerts: Advertising Law
FTC Announces Settlement with “Tested Green” over Environmental Certifications
Illustrating another example of the FTC's continuing focus on green marketing claims, on Tuesday The Federal Trade Commission reached an agreement with Tested Green, settling allegations that the company sold worthless environmental certifications and falsely represented that its certifications were endorsed by independent firms. Read more.
January 13, 2011
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Alerts: Estate Planning Law
Estate and Gift Tax Alert
The Tax Relief Act of 2010 was overwhelmingly passed by Congress and signed into law by President Obama on December 17, 2010. The new law provides numerous tax benefits for businesses and individuals for the next two years. Read more.
December 16, 2010
Alerts: Advertising Law
Follow Us (to Learn About Twitter/Facebook Changes)
Last week, Facebook published a revised version of its "Promotions Guidelines" and Twitter updated its guidelines for use of the Twitter name, trademarks and logos. Read more.
December 8, 2010
Alerts: Employment Law
NLRB Puts Social Media Policies Under Scrutiny
While an innovative social media campaign can be a great boon to business, corporate America is becoming increasingly aware of the inherent dangers of social media as well. In particular, employees' statements about employers on personal Facebook, Twitter and other social media accounts have the potential to cause a company a PR nightmare, or even subject a company to litigation. Read more.
December 6, 2010
Alerts: Advertising Law
FTC Releases Report Proposing New Framework for Consumer Data
In an attempt to address consumer privacy interests and to "inform policymakers, including Congress, as they develop solutions, policies, and potential laws governing privacy," the Federal Trade Commission issued a comprehensive preliminary staff report raising concerns that despite industry self-regulatory measures, many marketers either do not disclose their data practices or disclose them in unintelligible manner. Read more.
December 2, 2010
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Alerts: Advertising Law
FTC Settles with Company About Disclosure of Information Collection Practices
The Federal Trade Commission ("FTC") recently announced that EchoMetrix, Inc. settled FTC charges that it failed to adequately inform parents that it made their children’s information available to third-party marketers. EchoMetrix sold a software product that allowed parents to monitor their children’s online behavior. Read more.
December 1, 2010
Alerts: Estate Planning Law
2010 Year End Estate Planning
The end of 2010 brings more than the usual range of estate planning opportunities.As year-end approaches, so does the expiration of the Bush era tax cuts. The lame duck Congress' willingness to enact tax legislation before 2011 looks increasingly unlikely. Read more.
December 1, 2010
Alerts: Advertising Law
Online Retailers Settle FTC Charges of Appliance Labeling Rule Violations
In an enforcement action that highlights the recent focus by the Federal Trade Commission ("FTC") on environmental and energy marketing issues, the FTC announced yesterday settlements with three online retailers arising out of their allegations that their the websites violated the FTC’s Appliance Labeling Rule. Read more.
November 2, 2010
Alerts: Advertising Law
FTC Announces Proposed Revisions to Green Guides
The Federal Trade Commission announced proposed revisions to their Guides for the Use of Environmental Marketing Claims, or "The Green Guides." The FTC is accepting public comments on the proposed changes until December 10, 2010, after which it will decide which changes to make final. Read more.
October 6, 2010
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Alerts: Advertising Law
Ad Groups Announce Self Regulatory Program Regarding Behavioral Ads
A group of the nation’s leading marketers and advertisers announced today further details about a self regulatory program aimed at giving consumers some control over their privacy and the online advertisements they receive. Using behavioral targeting techniques, advertisers send consumers targeted ads based on Web browsing behavior. Read more.
October 4, 2010
Alerts: Advertising Law
Federal Gift Card Law Prompts Change in State Law
In July, Hawaii became the first state to conform substantial aspects of its gift card law with the new federal gift card law contained in the "Credit Card Accountability, Responsibility, and Disclosure Act" of 2009. Here is a summary of Hawaii's changes, and a brief look at the gift card legal landscape. Read more.
September 15, 2010
Alerts: Advertising Law
FTC Subpoenas Marketers of Children’s Food and Beverages
Last week, the Federal Trade Commission began issuing subpoenas to 48 children’s food and beverage marketers seeking data about advertising practices and marketing expenditures dedicated to children. The FTC previously announced that it would be taking this action last May. Read more.
September 2, 2010
Alerts: Advertising Law
PR Firm Settles FTC Charges Regarding Misleading Endorsements
In an important enforcement action following up on the revisions to the endorsement and testimonial guidelines issued last year, the Federal Trade Commission announced today a settlement with a public relations firm, Reverb Communications, Inc., for what the FTC alleges are deceptive advertising practices. Read more.
August 26, 2010
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Alerts: Employment Law
Safe Hiring: Get Applicant Consent Before Checking References
The old joke is that the assets of the agency go up and down in the elevator every day. In other words, people (along with clients and reputation) are an agency’s most important asset, and hiring and keeping key talent has never been more important. Read more.
August 20, 2010
Alerts: Advertising Law
FDA’s First Facebook Enforcement Action
In what may signal regulators’ growing focus on advertisers’ use of social media, the FDA recently issued its first Facebook-related citation in connection with Novartis’ use of Facebook’s share function on its Tasigna® website.The FDA cited four ways in which the website and Facebook's "share" widget violated the Federal Food, Drug and Cosmetic Act and the FDA implementing regulations. Read more.
August 9, 2010
Alerts: Commercial Litigation
Class Action False Advertising Lawsuit Against Vitaminwater Will Go Forward
A New York federal court is allowing a class action lawsuit brought by consumers from three states, alleging that the labeling for Coca-Cola's vitaminwater is misleading, to go forward. Here’s a summary. Read more.
August 2, 2010
Alerts
Accredited Investor Requirement Changes
There has been a change to the definition of Accredited Investor which may affect your fundraising activities. Under Section 413(a) of the recently enacted Dodd-Frank Act (the "Act"), the Securities and Exchange Commission ("SEC") has been instructed to amend the net worth standard for an "Accredited Investor" as set forth in Securities Act Rules 215 and 501(a)(5) by eliminating from the calculation of net worth the "value of the primary residence" of the investor. Read more.
July 28, 2010
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Alerts: Advertising Law
FTC Posts Endorsement Guides FAQs
Recently, the Federal Trade Commission released answers to frequently asked questions about its Guides Concerning the Use of Endorsements and Testimonials in Advertising. These FAQs provide helpful additional guidance regarding the FTC’s revisions to the Guides. Read more.
June 23, 2010
Alerts: Advertising Law
FTC Issues Revised Endorsement Guides
After a lengthy and closely-watched review process, the Federal Trade Commission recently issued revisions to its "Guides Concerning the Use of Endorsements and Testimonials in Advertising". Read more.
June 22, 2010
Alerts: Advertising Law
Children’s Online Privacy Protection Act Update
On June 2, 2010, the Federal Trade Commission hosted a public roundtable in Washington, D.C. regarding the Children’s Online Privacy Protection Act. Jeffrey A. Greenbaum, a partner in our Advertising Group, participated in the roundtable. Read more.
June 3, 2010
Alerts: Technology Law
FTC to Review Children’s Online Privacy Rule
The Federal Trade Commission has scheduled a public meeting to consider changes to the Children’s Online Privacy Protection Act Rule. "Protecting Kids’ Privacy Online: Reviewing the COPPA Rule" will be held June 2, 2010 at the FTC Conference Center in Washington, DC. Read more.
April 20, 2010
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Alerts: Advertising Law
Controversial Maine Marketing Law Repealed
Last year we reported about the passage by Maine of a sweeping new privacy law restricting collection of personal information from and marketing to minors. Recently, the Maine legislature passed a bill repealing that law in full, which was signed by Maine Governor Baldacci on March 29, 2010. Read more.
April 9, 2010