Jeffrey Edelstein

Jeffrey Edelstein

Manatt, Phelps & Phillips, LLP

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Advertising Law - July 2015 #5

Place Your Bets: Yahoo to Host Fantasy Sports Games - In a new business venture that adds to an ever expanding field, Yahoo announced that it will host daily and weeklong pay-to-play fantasy sports games for cash prizes....more

7/30/2015 - Advertising Blue Diamond Growers Class Action CLRA Do Not Track False Advertising Fantasy Sports FDA Gerber Internet Internet Gambling Menu Rule Nutrition Facts Labels Publix Time Extensions Uber W3C Yahoo!

Advertising Law - July 2015 #3

Harlem Globetrotters Get an Assist From CARU - In a rare loss, the Harlem Globetrotters agreed, at the direction of the Children's Advertising Review Unit (CARU), that their age-screening practices for the company's...more

7/16/2015 - Attorney Generals CARU City of Chicago City Taxes Cloud Computing Consumer Fraud COPPA Data Mining Do Not Call List FinTech FTC Internet Streaming Mobile Apps Robocalling Telemarketing Virtual Currency

Advertising Law - July 2015 #2

EPIC Drives Uber Complaint to FTC - Uber’s recent legal woes continue. The Electronic Privacy Information Center (EPIC) challenged the ride-sharing company’s new privacy policy and requested that the Federal Trade...more

7/10/2015 - Anheuser-Busch Better Business Bureau Class Action Commercial Bankruptcy EFTA False Advertising FTC Geolocation Gift-Cards Injunctive Relief Labeling Personally Identifiable Information Privacy Policy Product Labels RadioShack ROSCA TCPA Uber Unclaimed Gift Cards Unfair or Deceptive Trade Practices

Advertising Law - July 2015

Try, Try Again: Lawmakers Reintroduce Do Not Track Kids Act - A group of federal lawmakers reintroduced the Do Not Track Kids Act, a bill to amend the Children’s Online Privacy Protection Act (COPPA), with some changes...more

7/3/2015 - Class Action COPPA Do Not Track Email Facebook False Advertising Google Green Guides Internet Privacy Likelihood of Confusion LinkedIn NAD Netflix Parental Consent Product Pricing Proposed Legislation Retailers Settlement Social Networks Unfair Competition Unilever Video Privacy Protection Act

Advertising Law - June 2015 #4

In Case You Missed It: FCC Adopts Significant Changes to TCPA Rules - Last week, in TCPA Connect, our newsletter devoted to cases and developments surrounding the Telephone Consumer Protection Act, we reported on the...more

6/26/2015 - Advertising All Natural CFPB Crowdfunding False Advertising FCC FinTech Food Labeling GMO Kickstarter Manufacturers Reverse Mortgages Tax Deductions TCPA

Advertising Law - June 2015 #3

CARU Stresses Out Over Claims for Spa Product - The Children’s Advertising Review Unit (CARU) was stressed out over implied claims made by The Maya Group for its Orbeez Body Spa. The product consists of an...more

6/18/2015 - Advertising Cable Television Providers CARU Class Action Colgate Cox Communications False Advertising FTC Settlement

Advertising Law - June 2015 #2

NFL Scores Victory at Eighth Circuit, $42M Deal With Former Players Upheld - The Eighth Circuit Court of Appeals affirmed the $42 million settlement between the National Football League (NFL) and almost 25,000 former pro...more

6/15/2015 - Advertising Chapter 11 Class Action Commercial Bankruptcy Email Football FTC Licenses Name and Likeness NFL RadioShack Sports Stored Communications Act Yahoo!

Advertising Law - June 2015

Fifty Years Later, Still Feeling the Impact of 1965 - In 1965, TV spots ran for 60 seconds . . . mostly in black & white. A first-class stamp cost five cents. (Remember mail?) Bonanza ruled the airwaves, while...more

6/5/2015 - Advertising Colgate Cosmetics Data Collection Data Protection False Advertising FTC NARB Puffery Sweepstakes Telemarketing Television Commercials

Advertising Law - May 2015 #5

DAA Mobile Privacy Code Enforcement Begins In September - Get ready: September 1 marks the beginning of enforcement of the Digital Advertising Alliance’s mobile privacy code, the group recently announced. Companies will...more

6/2/2015 - Advertising Data Collection Dietary Supplements Digital Advertising Alliance False Advertising Fitbit FTC Internet Marketing Mobile Apps Mobile Devices Photographs Privacy Policy Section 5 Social Media

Advertising Law - May 2015 #4

SPECIAL FOCUS: The Impact of the Supreme Court’s Octane Fitness Decision on Lanham Act Litigation - For the second time in recent years, a Supreme Court decision in a patent case is having a major impact on Lanham Act...more

5/30/2015 - Attorney's Fees Celebrity Endorsements Cybersecurity Data Security eBay Exceptional Case FTC Lanham Act Legislative Agendas Octane Fitness v. ICON Patent Litigation Patents Retailers SCOTUS Song-Beverly Credit Card Act ZIP Codes

Advertising Law - May 2015 #3

U.S. Supreme Court Could Decide Future of Privacy Law Class Actions - The future of consumer class actions alleging privacy violations may be in the hands of the U.S. Supreme Court now that the justices have granted...more

5/18/2015 - Advertising Anheuser-Busch Brand Class Action Credit Reporting Agencies Credit Reports FCRA FDA Food Labeling GMO SCOTUS Spokeo Spokeo v Robins

Advertising Law - May 2015 #2

Data Breach Notification, Cyber Sharing Bills Move Forward - As multiple privacy and data security bills wend their way through the legislative process, three proposals have made significant steps forward. ...more

5/8/2015 - Breach Notification Rule Class Action Cybersecurity Data Breach Data Security FDA FTC Retailers

Advertising Law - May 2015

Amazon Sues Over Fake Reviews - In a new lawsuit, Amazon targeted one individual and four companies that allegedly wrote and posted fake reviews on the e-commerce giant’s site. Amazon’s Conditions of Use expressly...more

5/6/2015 - Advertising Amazon Domain Names Fake Reviews False Advertising FTC ICANN Injunctions Native Advertising Online Reviews Trademarks

Advertising Law - April 2015 #2

Red Light! Cab Companies Claim Uber Falsely Claims to Be Safer Service: What’s safer—riding in a cab or riding in an Uber car? - A new false advertising lawsuit raised that question when a coalition of 19...more

4/23/2015 - Advertising Commercial Bankruptcy False Advertising FCC Grocery Stores ISPs Jewel-Osco Michael Jordan Net Neutrality RadioShack Taxi Cabs Uber

Advertising Law - April 2015

Pink Cadillac Not Included: Mary Kay Sues Over “Fraudulent Couponing Scheme” - According to a new federal court complaint filed by Mary Kay, Inc., online deal site RetailMeNot has tricked consumers with a “fraudulent...more

4/3/2015 - Coupons Cross-Device Food Labeling Food Manufacturers FTC Mobile Devices

Advertising Law - March 2015 #5

Paying for Consumer Reviews Gets Company FTC Action - Accused of failing to disclose that it gave cash discounts to customers to post online reviews, AmeriFreight and owner Marius Lehmann agreed to a settlement with...more

3/27/2015 - Advertising Consumer Privacy Bill of Rights Data Brokers Direct Marketing Association Fake Reviews False Advertising FTC Legislative Agendas Online Reviews Pending Legislation

Advertising Law - March 2015 #3

Response To FCC’s New Net Neutrality Regs Anything But Neutral - In a split vote, the Federal Communications Commission approved a new net neutrality measure that would ban fast lanes and re-label broadband as a...more

3/23/2015 - Advertising Consumer Privacy Bill of Rights FCC ISOs NAD Net Neutrality POM Wonderful Sprint

Advertising Law - March 2015 #2

New DAA App Brings Choice to Mobile - Bringing consumer choice to mobile applications, the Digital Advertising Alliance released “AppChoices,” a free app that will allow consumers to opt out of tracking on mobile...more

3/13/2015 - Advertising Class Action Cyber Attacks Cybersecurity Data Breach Data Protection Digital Advertising Alliance False Advertising FTC Hackers LinkedIn mHealth Mobile Apps Opt-Outs Settlement Unfair or Deceptive Trade Practices Web Tracking

Advertising Law - March 2015

NAD: A Product Can’t be The “#1 Prescribed Brand” Without Other Prescribed Brands - A “#1 brand prescribed” claim implies that professionals have a choice in prescribing brands, the National Advertising Division...more

3/6/2015 - Advertising Class Action Data Breach NAD Online Reviews Pharmaceutical Pharmaceutical Manufacturers Prescription Drugs Terms of Service Trademark Infringement Urban Outfitters Yelp ZIP Codes

Advertising Law - February 2015 #4

“Big Data” Mergers Should Trigger Regulatory Investigation, Groups Say - The Federal Trade Commission should take a closer look when companies with “big data” consolidate or merge, consumer groups recently...more

3/2/2015 - Advertising Better Business Bureau Big Data FTC Media Sweepstakes

Advertising Law - February 2015 #3

FCC Chair Announces New Net Neutrality Regs - The battle over net neutrality took a new turn when Federal Communications Commission Chairman Tom Wheeler announced his intention to reclassify broadband service as a...more

2/23/2015 - Advertising Breach Notification Rule Broadband Class Action Cybersecurity Data Breach Data Protection False Advertising FCC FTC Internet Internet of Things Labeling Marketing Net Neutrality Product Labels Telemarketing

Advertising Law - February 2015 #2

Podium P-O-V: Observations From Marc Roth on ERA’s Great Ideas Summit - I recently had the pleasure of participating on an “Advocacy Update” panel at the Electronic Retailing Association’s Great Ideas Summit in Miami...more

2/13/2015 - Advertising Cybersecurity Data Breach Data Collection Data Protection False Advertising FTC Internet Internet of Things Personal Data Notification and Protection Act Retailers ROSCA Weight-Loss Products

Advertising Law - February 2015

FTC Consumer Protection Head Addresses Do’s, Don’ts for Privacy - Calling the current advertising climate “a technological revolution at the intersection of marketing and consumer data,” Director of the Federal Trade...more

2/9/2015 - Advertising Children's Online Games Class Action FTC Google Wine & Alcohol

Advertising Law - January 2015 #3

President Obama Focuses on Cybersecurity, Privacy, Data Breach Notification - Data security and privacy concerns received special attention in President Obama’s State of the Union address where the President advocated...more

1/30/2015 - Advertising Barack Obama CFAA Consumer Privacy Bill of Rights Cybersecurity Dietary Supplements False Advertising Federal Breach Notification Standard FTC Gerber Information Sharing Labeling NAD Nestle Proctor & Gamble Student Digital Privacy Act

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