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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
Copyright Guide or Policy Change? Project Divides IP Attys
Law360 quoted Jacqueline Charlesworth on the controversy surrounding the American Law Institute’s copyright restatement project. Ms. Charlesworth criticized the initiative as advancing a “revisionist theory” that could weaken copyright protections. She was among nearly two dozen advisers who resigned from the project, signaling deep concerns about its direction.
The article highlights a broader debate within the IP community: whether the restatement simply clarifies existing law or attempts to reshape policy in favor of users. Ms. Charlesworth’s perspective emphasizes the stakes for rights holders as courts and practitioners consider how much influence the restatement may carry. Read the Law360 article about the copyright restatement project here.
November 19 2025
Reports of ‘Click-to-Cancel’s Death May Be Premature
A Competition Policy International article quoted Holly A. Melton on the continuing impact of the Federal Trade Commission’s “click-to-cancel” rule , despite a recent Eighth Circuit Court of Appeals decision. Melton was quoted for her analysis of the FTC’s $2.5 billion settlement with Amazon over Prime subscription practices. In a blog post, Melton pointed to a clause in the agreement that anticipates future rulemaking around negative option features. “That’s not boilerplate,” she wrote. “It reads like a deliberate placeholder—future-proofing the settlement for the reappearance of Click to Cancel.” Melton interprets this as a strategic move by the FTC to potentially revive the rule through a new proceeding.
Melton’s outlook reflects a broader shift in the FTC’s enforcement priorities toward consumer-facing issues like subscription transparency and cancellation ease. She referenced Commissioner Mark Meador’s remarks about focusing on “everyday economic concerns affecting ordinary households” and noted that, even without immediate rulemaking, the agency’s litigation stance signals that subscription practices will remain a top-tier priority for the Bureau of Consumer Protection. Her guidance to advertisers and subscription services: “prioritize transparency, obtain affirmative consent, and make cancellation as effortless as sign-up. The ‘Click to Cancel’ may be down, but it’s not out,” Melton concluded, underscoring the FTC’s intent to keep its options open. Read the Competition Policy International post here.
November 11 2025
States Turn to Outside Firms to Generate Big Privacy Settlements
Holly A. Melton is quoted in the Bloomberg Law article on the growing practice of state attorneys general hiring outside counsel for litigation in data privacy and online safety cases. The article noted this shift boosts companies’ risk profiles, with smaller states taking on more complex cases. “‘One, don’t ignore the states that don’t necessarily have privacy laws because you’re not safe’ said Holly Melton, partner at Frankfurt Kurnit Klein & Selz. ‘And two, the sort of posture has already kind of ratcheted up when they come in with outside counsel who’s sort of running the show.’”
Bloomberg Law stated this strategy is getting mixed results. Some states point out that they could not bring certain cases without the staffing, resources and expertise of the private firms. But critics question outside counsels’ driving state priorities—selecting enforcement for big payouts or settlements, more akin to civil plaintiff litigation instead of traditional AG litigation that prioritizes companies changing their behavior. View Article.
October 9 2025
