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July 24th, 2025
SHOOT’s 65th Anniversary Reflections: FKKS’ Managing Partner Jeffrey A. Greenbaum
SHOOT Magazine quotes Jeffrey A. Greenbaum in its 65th Anniversary coverage on where the advertising industry has been, is, and is going. Jeff discusses the most significant legal cases during his industry tenure and the accompanying lessons, the most pressing legal issues for the commercial production community, his most meaningful professional accomplishments, and the value he has gained from reading SHOOT.
Reflecting on his tenure in the advertising industry, Jeff says, “In the ‘90s, federal and state regulators brought enforcement actions against big car companies–and their advertising agencies–alleging that they engaged in false advertising. It was a big wake-up call to agencies, and others working in advertising, that it’s not just the brands who are responsible for ensuring that their advertising is truthful and not misleading…Not long after that, with the explosion of online marketing, one of the key issues that regulators focused on was the concept of “transparency.”
In recent years, regulators in the United States and abroad have been questioning whether online marketers are using design choices that manipulate users into taking actions that they might not otherwise take. Jeff says that these actions – known as “dark patterns” are being flagged by regulators, and that marketers must consider, “not only whether they’re telling the truth to consumers, but whether they are treating them fairly.”
For the commercial production and advertising communities, Jeff highlights two key pressing issues: Generative AI and the demonstrable value that agencies and production companies can bring to campaigns. “If advertising can be crowdsourced, if a commercial can be shot on a mobile phone, if a generative AI tool can produce a new campaign almost instantly, and if it can all be shared organically in social, brands are going to continue to ask hard questions about what role agencies and production companies are playing today and how to value that contribution,” says Jeff.
In Jeff’s nearly 30 years as an advertising lawyer, he has found that relationships are the most meaningful part of his job. “Whether it’s helping a brand or an agency negotiate with an A-list celebrity for a new campaign, or dealing with a serious false advertising or infringement issue, or helping a director think through a move to a new production company, or just working on the day-to-day advertising issues that brands, ad agencies, and commercial production companies face, it’s all about helping the clients…. And one of the most gratifying things is [that] those relationships continue for decades.”
Jeff recounts that when he joined Frankfurt Kurnit, the firm’s founder, Mike Frankfurt, told him that as an advertising lawyer, he would represent commercial production companies, directors, and others working in the commercial production industry. It was after that that Jeff began reading SHOOT. “I loved when SHOOT arrived in the (physical!) mail every week and I could read about all of the great that work our clients were doing. It was obvious to me back then (as it is today) how essential SHOOT was in keeping the community connected and informed.”
Other Quoted
Attorney Cautions That Privacy Laws Cover All Platforms, Not Just Sites
Privacy Daily quotes Daniel M. Goldberg in an article on growing trends in privacy laws and enforcement. The publication covered a webinar presented by Mr. Goldberg and Privado CEO Vaibhav Antil. Mr. Goldberg stated, '“although several enforcement actions have targeted websites, mobile apps are also subject to all privacy laws'” He noted how it’s no longer enough for companies to rely on privacy vendors for compliance but must practice due diligence. Mr. Goldberg reviewed California enforcement actions against Honda, Todd Snyder, and Healthline.
“With all three of these examples, ‘these are not companies that did nothing,” he said. ‘These are companies that had measures in place, that had actually used a vendor to implement them, but the way that it was configured was not tracking the law perfectly.’” He also pointed out how enforcements and fines are rising. View Article. (Registration required.)
July 31 2025
Data Privacy Roundup
The AdExchanger newsletter quotes Daniel M. Goldberg, highlighting key privacy enforcement trends. He provided an example of how opting in cookie tracking by clicking a bold “Allow All” button contrasted with declining tracing, which required a more involved two-step process. Mr. Goldberg pointed out that regulators saw this process as a “potential dark pattern.” “‘Symmetry of choice is the idea that it should be just as easy to accept as it is to reject,’” Goldberg said. ‘It’s an area regulators are looking very, very closely at.’” He also noted dark pattern fines, especially with the CPPA could become substantially larger. He underscored due diligence in programs, referencing recent privacy enforcement setttlements and fines. “‘All these cases involve vendor solutions that did not work,’ Goldberg said. ‘In almost all of them, the company did have privacy compliance in place; it just wasn’t working.’” View Article
July 25 2025
Companies Sought Help From Privacy Vendors. They Still Got Fined
Daniel M. Goldberg is quoted in Bloomberg Law on problems faced by companies who have relied on compliance vendors to help them navigate new privacy laws. The article stated that vendors operating with little oversight, outdated tech have “left businesses with consumer-facing websites open to fines and other enforcement actions.”
Bloomberg Law noted, “For example, giving consumers the option to disable cookies may not turn off all of a company’s tracking technology. So consumer data could still be automatically sent to a third party for advertising.
“Vendors cannot just repurpose tools meant to comply with EU’s data protection law for California’s rules, said Daniel M. Goldberg, chair of the data strategy, privacy & security group at Frankfurt Kurnit Klein & Selz PC.
"‘Many solutions are solutions that are built for one purpose,’ Goldberg said, adding that some vendors’ ‘default configurations often aren’t drafted in a way that is sufficient to address US privacy law.’” View Article.
July 14 2025
