Jeffrey Edelstein

Jeffrey Edelstein

Manatt, Phelps & Phillips, LLP

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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 Mary Kay 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

Advertising Law - January 2015 #2

Safeway Must Pay Customers for Higher Online Prices - A California federal court judge has ruled in a breach of contract suit that Safeway is liable to customers who paid more for items online than in the store. ...more

1/23/2015 - Advertising Breach of Contract Dish Network False Advertising FTC Grocery Stores Internet Retailers Misrepresentation NFL Retailers Right of Publicity Safeway Inc Video Games

Advertising Law - January 2015

SPECIAL FOCUS: Fifth Circuit Clarifies the Law on False Advertising Involving “Scientific Debates” - In 2013, the Second Circuit issued an important opinion in Ony, Inc. v. Cornerstone Therapeutics, Inc., a false...more

1/15/2015 - Advertising Cramming Data Brokers Eastman Chemical Enforcement Actions False Advertising Food Labeling FTC Gerber Lanham Act Manufacturers Marketing Scientific Speech T-Mobile

Advertising Law - December 2014 #4

Privacy Authorities to App Marketplaces: Post Links to Privacy Policies - An international coalition of 23 privacy regulators released a plea to app marketplaces to act like “a responsible corporate citizen” and make...more

12/29/2014 - Accessibility Rules ADA Advertising Dietary Supplements DOJ Dole Food Food Labeling Internet Retailers Mobile Apps Nutritional Supplements Personally Identifiable Information Privacy Policy

Advertising Law - December 2014 #3

FCC Proposes Online Disclosures for Broadcast Contests - The Federal Communications Commission has proposed a rule change that would allow broadcast stations to disclose on the Internet the material terms for contests...more

12/19/2014 - Class Action Contests & Promotions Enforcement Actions FCC Federal Rules of Civil Procedure FTC Healthcare Patient Privacy Rights Personally Identifiable Information PHI Pleading Standards Proposed Regulation Public Disclosure Television Broadcast Stations VPPA Websites

Advertising Law - December 2014 #2

Uber’s Privacy Mess Results in Legislative Inquiry - Providing a lesson in how not to handle a privacy policy, car service app Uber is now facing questions from the Senate Subcommittee on Privacy, Technology and the...more

12/12/2014 - Advertising Attorney Generals Data Collection FDA Food Labeling Privacy Policy Telemarketing Telemarketing Sales Rule Uber

Advertising Law - December 2014

SPECIAL FOCUS: Adding You to My Professional Network Emails May End Up Being Costly for LinkedIn as Publicity Rights Suit Moves Forward: A putative class action alleging that LinkedIn Corp. violated their right of...more

12/8/2014 - Advertising Anti-SLAPP Communications Decency Act False Advertising First Amendment FTC FTC v Wyndham Google LinkedIn Mediation NAD Putative Class Actions Right of Publicity Search Engines SEO Social Networks Wyndham

Advertising Law - November 2014 #4

FTC Takes on a Patent Troll - Tackling the issue of patent trolls for the first time, the Federal Trade Commission charged MPHJ Technology Investments, LLC and its law firm Farney Daniels with making deceptive claims...more

11/26/2014 - Big Data Broadband Consent Order Data Breach Data Collection Enforcement Actions FTC IAB Net Neutrality Non-Practicing Entities Patent Trolls Public Comment Robocalling Small Business Telemarketing

Advertising Law - November 2014 #2

Shhhhh…Whisper Faces Lawmaker Scrutiny Over Privacy Claims - Just how safe is the purported “safest place on the Internet”?: Sen. Jay Rockefeller (D-W.Va.) wants to find out. The Chair of the Senate Committee on...more

11/21/2014 - Advertising Class Action Data Breach Data Protection Data-Sharing Enforcement Actions FCC Kamala Harris Legislative Committees Personally Identifiable Information Privacy Policy Redbox Social Media VPPA Whisper

Advertising Law - November 2014 #3

NAD Sniffs at Odor Protection Claims - Concerned that a 48 hour antiperspirant/deodorant constitutes an overstated claim of “100% odor protection,” the National Advertising Division recommended...more

11/21/2014 - Advertising Anti-Spam Legislation Email False Advertising FDA Food Labeling FTC Labeling NAD Proctor & Gamble Putative Class Actions Scams Software Technology

Advertising Law - November 2014

Lawmakers: Time to Discuss the Internet of Things: What are the privacy, security, and consumer protection implications of the burgeoning Internet of Things? A group of senators has called for a hearing to...more

11/7/2014 - Advertising Data Protection Internet of Things Legislative Agendas Marketing NAD Online Advertisements Privacy Concerns Robocalling Text Messages

Advertising Law - October 2014 #4

Red Bull’s $13M False Ad Deal Crashes Site - Red Bull may claim to give you wings, but a false advertising settlement with the company apparently couldn’t stop its servers from crashing....more

10/31/2014 - Advertising Data Mining False Advertising FTC Instagram Marketing NARB NFL Photographs Pinterest Red Bull Right of Publicity

Advertising Law - October 2014 #3

Permanent Ban From Prize Promotion Business After Sweepstakes Scam - A sweepstakes operator agreed to a permanent ban from the prize promotion business pursuant to a settlement with the Federal Trade Commission after...more

10/27/2014 - Advertising Anti-SLAPP Contests & Promotions FCRA FDA FDCA First Amendment Football FTC Lanham Act NCAA POM Wonderful v Coca Cola Scams Social Media Sweepstakes Wine & Alcohol

Advertising Law - October 2014 #2

Hashtags and Ads: Top 10 Legal Considerations for Brands Involved in Digital and Social Media Advertising - Advertising, marketing and promotions, both via digital and traditional channels, are governed in the United...more

10/20/2014 - Advertising Breach Notification Rule COPPA Data Breach Data Protection FTC Personal Liability Social Media

Advertising Law - Oct 2014

FTC Mows Down Astroturfing at Yahoo - The Federal Trade Commission has closed an investigation into “astroturfing” by Yahoo employees and declined to take enforcement action because of the limited number of workers...more

10/10/2014 - Advertising Draft Guidance FDA First Amendment FTC Mobile Apps Online Reviews Pharmaceutical Manufacturers Public Disclosure Social Media Yahoo!

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