Marc Roth

Marc Roth

Manatt, Phelps & Phillips, LLP

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Health Update - April 2016 #2

How to Prepare for "Phase Two" HIPAA Compliance Audits: Tips on Getting Ready for Scrutiny - Editor's Note: Now that the Department of Health and Human Services (HHS) has announced that it is beginning the next round of...more

4/27/2016 - Affordable Care Act HIPAA Audits Hospitals Joint Venture NIST OCR Single Entity Rule

TCPA Connect - April 2016

Podium P.O.V.: Observations From Marc Roth on PACE's Annual Convention - I recently had the privilege of speaking at the Professional Association for Customer Engagement annual convention in Orlando. As in prior years,...more

4/22/2016 - ATDS B2B Organizations Dismissals Faxes FCC Putative Class Actions Robocalling TCPA

Advertising Law - April 2016 #3

SPECIAL FOCUS: #Twitter at Ten: Ten Times Twitter Made Ad Law History - Ten years ago the world was introduced to Twitter, a microblogging site offering users the chance to express themselves just 140 characters at a...more

4/22/2016 - Advertising Copyright Deceptively Misdescriptive Endorsements FTC Libel Olympics Right of Publicity Social Media Sponsors Testimonial Statements Twitter Uber UK

Advertising Law - April 2016 #2

FTC Hits Volkswagen With Suit Over Emissions Ad Campaign - The Federal Trade Commission filed suit against Volkswagen Group of America, charging the automaker with deceiving consumers in violation of Section 5 of the...more

4/15/2016 - ADA Calculation of Damages EPA False Advertising FCC Food Labeling FTC Putative Class Actions Section 5 Volkswagen Website Accessibility

Advertising Law - April 2016

Yahoo's Deal on E-Mail Scanning: More Warnings, No Cash - A California federal court judge granted preliminary approval of a settlement agreement in a lawsuit accusing Yahoo of reading e-mail messages for ad-targeting...more

4/8/2016 - Advertising Class Action Email Fantasy Sports FTC Starbucks Yahoo!

Advertising Law - March 2016 #4

FCC Releases Privacy Regime for ISPs - Creating a storm of controversy, the Federal Communications Commission released information about its privacy proposal for Internet service providers. Pursuant to the plan,...more

4/1/2016 - App Developers Do Not Call List DOJ FCC FTC Internet Service Providers (ISPs) Mobile Apps NAD Privacy Policy Telemarketing Television Commercials

TCPA Connect - March 2016

Prior Express Consent Exists When Cellphone Number Is Shared With Intermediary - Joining other federal appellate courts, the Sixth Circuit Court of Appeals recently held that prior consent that is provided indirectly to...more

3/26/2016 - Attorney Generals Damages Debt Collection FCC FDCPA Prior Express Consent Proposed Amendments Robocalling TCPA VoIP

Advertising Law - March 2016 #3

New in False Advertising Lawsuits: Security Systems and Oatmeal - Class action complaints alleging false advertising run the gamut of products and services, and recent lawsuits filed across the country bear this...more

3/25/2016 - CFPB CLRA Data Security Enforcement Actions False Advertising FTC FTC Act Internet Retailers Joint and Several Liability Misrepresentation PCI-DSS Standard Personal Liability Section 5 Unfair or Deceptive Trade Practices Unfair Pricing

Advertising Law - March 2016 #2

SPECIAL FOCUS: Lord & Taylor Settles With FTC for Not Disclosing Native Ads - Less than three months after the Federal Trade Commission issued its December 2015 Policy Statement and Business Guide on native advertising...more

3/17/2016 - Advertising Commercial Speech EU-US Privacy Shield FDA FTC Lanham Act Native Advertising NFL Prescription Drugs Right of Publicity

Advertising Law - March 2016

Tech Company Settles With FTC Over Installation of Apps Without Permission - A technology company that allegedly replaced a Web browser game with a program that installed apps on mobile devices without permission has...more

3/10/2016 - Advertising Celebrity Endorsements Data Security Enforcement Actions False Advertising Fraud FTC FTC Act Mobile Apps Network Security Scams Telemarketing Sales Rule

TCPA Connect - February 2016

FCC Confirms Different TCPA Liability Analysis for Text, Fax Broadcasters - Denying a petition filed by Club Texting, Inc., the Federal Communications Commission said it will keep its current liability analysis under the...more

2/23/2016 - Class Action Declaratory Rulings Dismissals Do Not Call List Faxes FCC Mortgage Lenders Opt-Outs Prior Express Consent Settlements TCPA Text Messages Treble Damages Unsolicited Phone Calls

Advertising Law - February 2016 #3

EU, U.S. Reach Data Deal—Not a Harbor, but a Shield - After the deadline expired to reach a deal on a new Safe Harbor for the transatlantic transfer of data, the European Union and the United States reached an agreement...more

2/22/2016 - Advertising Article 29 Working Party (WP29) Clear and Convincing Evidence Comparative Advertising Defamation EU-US Privacy Shield FTC FTC Act International Data Transfers Kohls Libel Made in the USA Misrepresentation Personal Data Product Labels Public Figures Twitter Unfair or Deceptive Trade Practices Unfair Pricing US-EU Safe Harbor Framework

Advertising Law - February 2016 #2

FTC's Brill to Advertisers: Enhance Consumer Notice, Control - Exhorting advertisers to provide consumers with greater notice and control—particularly with regard to native advertising and cross-device...more

2/15/2016 - Advertising Amicus Briefs Cell Phones Class Action Food Labeling Food Manufacturers FTC Local Ordinance Native Advertising Opt-Outs San Francisco Soda Bans Software Developers Tracking Systems Truth in Advertising Warning Labels

Advertising Law - February 2016

Tensions Mount Prior to Contract Renewal Between Industry, SAG-AFTRA - The ad industry and the Screen Actors Guild-American Federation of Television and Radio Artists plan to negotiate successor agreements to the current...more

2/8/2016 - ACLU AFTRA Broadband Digital Advertising Alliance Electronic Frontier Foundation False Advertising FCC FTC Native Advertising Online Interest-Based Advertising Accountability Program Opt-Outs Preemption Product Labels Putative Class Actions SAG Television Commercials Trade Unions TTB

Advertising Law - January 2016 #2

Uber Drives Settlement With NY AG Over Data Breach, Privacy Violations - In a pair of settlements, ride-sharing company Uber agreed to pay a $20,000 fine for failing to report a data breach in a timely manner as required...more

2/1/2016 - Attorney Generals Big Data Class Action Class Action Arbitration Waivers Data Breach ECOA False Advertising FCRA Fitbit FTC FTCA Geolocation Personal Data Privacy Policy Uber Unconscionable Contracts

Advertising Law - January 2016 #2

Battle Over Legality of Daily Fantasy Sports Sites Continues - It may be a new year, but the battle over the legality of the FanDuel and DraftKings daily fantasy sports sites continues. New York Attorney General...more

1/23/2016 - Advertising COPPA Enforcement Actions Fantasy Sports FTC FTC Act NAD Section 5 Third-Party Third-Party Service Provider

TCPA Connect - January 2016

Manatt Defeats Motion for Class Certification in TCPA Complaint Against Network Telephone Services - A team of Manatt litigators secured a major victory for Network Telephone Services, Inc., on Jan. 12, 2016, in the U.S....more

1/20/2016 - Class Action Class Certification Consent FCC Predominance Requirement Rule 23(b)(3) TCPA Telemarketing Sales Rule Texting Third-Party Yahoo!

Advertising Law - January 2016

Ending Challenge to FTC's Data Security Authority, Wyndham Settles - In a significant development, Wyndham Hotels and Resorts reached a deal with the Federal Trade Commission in the high-profile litigation that began...more

1/15/2016 - Advertising AFTRA CA Supreme Court Data Security Food Labeling FTC FTC v Wyndham Mail Medical Marijuana Organic SAG Wyndham

Advertising Law - December 2015 #4

Copper-Infused Apparel Company Settles With FTC for $1.4M - Tommie Copper, Inc. and company founder Thomas Kallish reached a deal with the Federal Trade Commission to settle charges that they misled consumers by claiming...more

12/22/2015 - ADA Advertising Substantiation Celebrity Endorsements COPPA Data Breach Data Security DOJ DraftKings Electronic Frontier Foundation False Advertising FanDuel Fantasy Sports FTC Google Internet of Things Student Privacy Website Accessibility

TCPA Connect - December 2015

SPECIAL FOCUS: FTC Issues Revisions to the Telemarketing Sales Rule - On November 18, 2015, the Federal Trade Commission (FTC) released a final rule setting forth a number of key amendments and clarifications to its...more

12/17/2015 - ATDS Class Action Consent Do Not Call List FCC FTC Microsoft Settlement TCPA Telemarketing Sales Rule Text Messages

Advertising Law - December 2015 #2

Game's Over: Jordan, Grocers Settle Publicity Rights Suits - To avoid a second trial in litigation initiated by Michael Jordan challenging the use of his likeness in a commemorative issue of Sports Illustrated, the...more

12/10/2015 - Commercial Speech False Advertising FCC FDA Food Labeling FTC FTCA GMO Memorandum of Understanding Michael Jordan Right of Publicity YouTube

Advertising Law - December 2015

New York AG Asks Court to Bench DFS - In the continuing drama surrounding Daily Fantasy Sports (DFS), New York's Attorney General Eric Schneiderman responded to lawsuits by DraftKings and FanDuel by seeking a preliminary...more

12/4/2015 - Advertising Substantiation Attorney Generals Data Security Dietary Supplements DraftKings FanDuel Fantasy Sports FTC FTCA LabMD Preliminary Injunctions Section 5 Telemarketing Sales Rule

Advertising Law - November 2015 #4

Sharing Is Caring? New Report Documents Apps Sharing User Data at High Rates - A new report has revealed that Apple and Android apps share information with third parties at high rates. Testing 55 of the most popular...more

11/30/2015 - Android Apple Attorney Generals Copyright Copyright Infringement Cox Communications Data Breach Data Security Data-Sharing DraftKings FanDuel Fantasy Sports FCC FTC Mobile Apps Parody Personal Data

Advertising Law - November 2015 #3

FTC Flushes Claims for "Flushable" Wipes - Reminding advertisers about the importance of environmental marketing claims, the Federal Trade Commission approved a final consent order in an enforcement action against...more

11/24/2015 - Advertising Substantiation All Natural Debt Collection Fantasy Sports FCRA Food Labeling FTC Injury-in-Fact Lead Generators NFL Right of Publicity SCOTUS Spokeo v Robins

TCPA Connect - November 2015

SPECIAL FOCUS: FTC Conducts Workshop on Consumer Protection Issues in Lead Generation - On Friday, October 30, 2015, the Federal Trade Commission hosted a full-day public workshop to explore consumer protection issues...more

11/17/2015 - ATDS Auto-Dialed Calls Bank of America Campbell Ewald v Gomez FCC FTC Government Entities Lead Generators Oral Argument SCOTUS Settlement Offer Standing TCPA Telecommunications

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