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December 14th, 2022
Tom Brady Pushed Crypto to His Fans. This Lawyer Wants Him to Pay Up.
Advertising Partner Jeffrey A. Greenbaum is quoted in the article, “Tom Brady pushed crypto to his fans. This lawyer wants him to pay up.” published by The Washington Post. The article discusses the collapse of the cryptocurrency trading platform FTX and a proposed class-action lawsuit seeking to hold Tom Brady, his ex-wife Gisele Bündchen, and other celebrity endorsers of FTX responsible for luring investors into a bad deal. Jeff is quoted saying, “Celebrity endorsers can be held liable in false-advertising claims, but the Federal Trade Commission has typically been the main enforcer. It’s far less common for a private plaintiff to bring legal action against an endorser. Courts have generally been hesitant to hold spokespeople responsible when investments go bad.”
In regards to the FTX case, Jeff says, “What we’re all going to be watching really closely is: What standards are the courts going to apply? In other words, what level of involvement does the celebrity need to have? What level of knowledge does the celebrity need to have to be found responsible.”
Read the full article here.
Other Quoted
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
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. Read more.
July 24 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