Linda Goldstein

Linda Goldstein

Manatt, Phelps & Phillips, LLP

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10/10/2014 - Advertising Draft Guidance FDA First Amendment FTC Mobile Apps Online Reviews Pharmaceutical Manufacturers Public Disclosure Social Media Yahoo!

Advertising Law - October 2014

SPECIAL FOCUS: The Impact of eBay on Lanham Act False Advertising Litigation - A recent opinion by the United States Court of Appeals for the Third Circuit held that the Supreme Court’s landmark decision in eBay is...more

10/6/2014 - Apple Watch Big Data COPPA Data Breach eBay FTC Lanham Act Privacy Concerns Trademarks Yelp

Advertising Law - September 2014 #2

Use of Flawed Study Results in $3.5M Settlement with FTC - For relying upon the results of a flawed study to make what the Federal Trade Commission characterized as “baseless” and “hopelessly flawed” weight-loss claims...more

9/29/2014 - Advertising False Advertising Food Labeling FTC Mobile Apps Weight-Loss Products

Advertising Law - September 2014

Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead - One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules....more

9/22/2014 - Advertising Apple FTC Google Minors Mobile Apps Mobile Payments Settlement Social Media TCPA VPPA

Advertising Law - August 2014 #3

FTC: Telemarketing Sales Rule Ripe For Review - It’s time to review the Telemarketing Sales Rule, the Federal Trade Commission has announced. Enacted in 1995, the Telemarketing Sales Rule (the Rule) has been...more

8/22/2014 - Advertising FDA FTC Mobile Apps Privacy Policy Robocalling Telemarketing Telemarketing Sales Rule

Advertising Law - August 2014 #2

Cramming It All In: FTC Has a Busy Week Addressing Mobile Cramming - Mobile cramming was on the forefront of the Federal Trade Commission’s agenda recently, with the agency issuing a new report, testifying before...more

8/14/2014

Advertising Law - August 2014

FTC Sues “Yellow Pages” Scammers - In three new complaints filed in Florida and Washington federal courts, the Federal Trade Commission requested a halt to the operations of Canada-based telemarketers that scammed...more

8/7/2014 - Advertising Class Action Enforcement Enforcement Actions FTC Google Manufacturers Mobile Apps

Advertising Law - July 2014 #4

COPPA Gets Parental Consent Updates - With changes that should make it easier to develop child-directed apps, the Federal Trade Commission recently updated its guidance for verifying parental consent under the...more

7/31/2014 - Advertising Consent COPPA False Advertising False Claims Act FCC FTC Mobile Apps Parental Consent

Advertising Law - July 2014 #3

Suit Seeks To Include E-Mail Address Under Song-Beverly Protections - First zip codes, now e-mail addresses? According to a new complaint filed in California federal court against Express Fashion Apparel, LLC,...more

7/28/2014 - Advertising Data Collection Dietary Supplements Email False Advertising FDA Gift-Cards Song-Beverly Credit Card Act

Advertising Law - July 2014 #2

Ninth Circuit Finds No TCPA Vicarious Liability for Taco Bell for Texts Sent By Franchisee - On July 2, 2014, the Ninth Circuit issued an unpublished decision in Thomas v. Taco Bell Corp. that is certain to give heart...more

7/21/2014 - Advertising Franchises FTC L'Oreal Labeling T-Mobile Taco Bell TCPA Text Messages Vicarious Liability

Advertising Law - July 2014

Online Reviews Not Sufficient To Support Ad Claim, NAD Rules - While recognizing the benefits of using new sources of information, the National Advertising Division (NAD) decided that an advertiser’s use of aggregated...more

7/14/2014 - Advertising Coca Cola False Advertising FDA FDCA FTC Lanham Act NAD POM Wonderful POM Wonderful v Coca Cola Redskins SCOTUS Social Media

Advertising Law - June 2014 #4

Don’t Forget: FTC Settlement Over Memory Claims - The marketers of the BrainStrong dietary supplement – which claimed to improve adult memory and prevent cognitive decline – reached a settlement with the Federal Trade...more

6/30/2014 - Advertising Beastie Boys Copyright Copyright Infringement False Advertising FDA Food Labeling FTC Health Claims Nutritional Supplements

Advertising Law - June 2014

Auto Lender Pays $5.5M Over FDCPA, FCRA, and FTC Act Charges - More than $5.5 million was required to settle the Federal Trade Commission’s charges against Consumer Portfolio Services, a California-based auto lender...more

6/19/2014 - Advertising Automotive Loans Compliance FCRA FDCPA FTC Harassment UDAAP

Advertising Law - June 2014

FTC’s Data Broker Report: Transparency And Consumer Control - Calling for greater transparency and an increase in consumer control, the Federal Trade Commission has released its report on the data broker industry....more

6/13/2014 - Advertising Data Breach Data Brokers FTC GMO Marketing Notice Requirements Privacy Concerns Privacy Laws Transparency

Advertising Law - June 2014

Native Advertising Needs Better Disclosures, Says NAD - Taking another look at native advertising, the National Advertising Division recommended that Internet-based ad company Taboola modify its “recommendation widget”...more

6/9/2014 - Advertising CalOPPA Content Marketing Disclosure FTC Internet NAD Taboola

Advertising Law - May 2014

Schwarzenegger Sues Over Publicity Rights - The Governator has filed a $10 million suit alleging that Nevada-based Arnold Nutrition Group “brazenly stole[] and exploited” his likeness to market its products in...more

5/30/2014 - Advertising Arnold Schwarzenegger Food Labeling GMO Right of Publicity

Advertising Law - May 2014

Here Today, Still Here Tomorrow: FTC Settles With Snapchat - Now you see it … and now it’s still there. Mobile messaging app Snapchat went with a catchier slogan, promising consumers that pictures and videos...more

5/23/2014 - Big Data Class Action Data Protection Food Labeling FTC HHS Internet Kashi Marketing Mobile Apps Mobile Privacy Native American Issues Obama Administration Online Videos Patient Privacy Rights Section 5 SnapChat Text Messages

Advertising Law - May 2014

W3C Reaches Milestone: “Do Not Track” Specification Set - The road to establish an industry standard for Do Not Track has been long and winding. Last year, efforts at consensus stalled, grinding the work of the...more

5/14/2014 - Advertising APIs Class Action Digital Advertising Alliance Do Not Track Enforcement Actions False Advertising FTC Marketing Settlement Vibram

Advertising Law - May 08, 2014

Defendant Agrees To Telemarketing, Robocalling Ban In FTC Deal - A defendant agreed to a permanent ban from telemarketing and robocalling in a deal with the Federal Trade Commission, by settling allegations he had...more

5/9/2014 - FTC Net Neutrality Online Privacy Protection Act Privacy Laws Privacy Policy Robocalling Settlement Telemarketing

Advertising Law

NAD Decision Offers Reminder About Use of Before and After Pictures - “Before” and “after” photos can provide powerful imagery for advertisers. But a recent decision from the National Advertising Division emphasizes...more

5/2/2014 - Advertising Advertising Substantiation Beretta Big Data Elvis Presley Endorsements False Advertising FTC Lack of Substantiation Mobile Privacy NAD Product Placement

Advertising Law

FTC Checks-In a Victory in Dispute with Wyndham Over Power to Regulate Data Security - In a closely watched dispute over the Federal Trade Commission’s (FTC’s) power to regulate data security, a New Jersey federal...more

4/25/2014 - Advertising Cybersecurity Data Breach Data Protection FTC Wyndham

Advertising Law

SAG Allocation Guidelines Trump Settlement Deal - In the first decision interpreting the Screen Actors Guild 2009 Commercials Contract Allocation Guidelines, an arbitrator ordered a signatory to double its payments to...more

4/18/2014 - Actors Advertising FTC Pinterest SAG

Advertising Law

COPPA + State Law = Privacy Protection for Teens - How does the Children’s Online Privacy Protection Act (COPPA) interact with state law privacy protections for teens? According to amicus briefs filed by both...more

4/11/2014 - Advertising COPPA Data Protection Privacy Laws

Advertising Law

SPECIAL FOCUS: Supreme Court Adopts Broad Standing Test for False Advertising Plaintiffs - On March 25th, the Supreme Court issued its long-awaited opinion regarding the test for standing in false advertising cases...more

4/7/2014 - Advertising False Advertising Lanham Act Lexmark Lexmark v Static Control Components SCOTUS

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