Antitrust & Trade Regulation, Communications & Media Law

Advertising Law -- May 16, 2013

by Manatt, Phelps & Phillips, LLP on 5/17/2013

In This Issue: Linda Goldstein to Provide Insight on FTC’s Dot Com Dislosure Guidance at Upcoming Bloomberg BNA Webinar; “All Natural” False Ad Suits Continue, Stalled; Wake Up! FDA Considers Caffeinated Foods;...more

"Eye on Privacy" Newsletter - May 2013

by Wendell Bartnick, Cedric Burton, Caitlin Courtney, Wendy Devine, Tonia Klausner, Anna Pateraki, Tracy Shapiro, Gerard Stegmaier | Wilson Sonsini Goodrich & Rosati on 5/17/2013

In this issue: - FTC Issues New Guidance for Disclosures in Online Advertising - European Regulators Opine on "Purpose Limitation" Principle – What Constitutes "Compatible Use" in the Context of Big Data? -...more

FTC Rules that “Randomized Clinical Trial” Evidence is Necessary to Support Advertising Claims for Juice Beverage and Related...

by J. Michael Keyes, Suzan Onel | K&L Gates LLP on 5/15/2013

I. Introduction - If you represent food and beverage manufacturers who advertise their products, you will want to be familiar with In the Matter of POM Wonderful LLC, a recent decision by the Federal Trade Commission...more

FCC Clarifies Companies' Liability for Third-Party Marketer TCPA Violations

by Ronald London | Davis Wright Tremaine LLP on 5/15/2013

The Federal Communications Commission (FCC) has issued a long-awaited declaratory ruling governing when a company is liable under the Telephone Consumer Protection Act (TCPA), and FCC telemarketing and autodialing rules, for...more

Federal Legislation Introduced Regarding Mobile Application Privacy

by Allison Dodd, Daren M. Orzechowski | White & Case LLP on 5/15/2013

On May 9, 2013, Georgia Congressman Hank Johnson introduced the Application Privacy, Protection and Security Act of 2013 (the "Apps Act"), a bill "[t]o provide for greater transparency in and user control over the treatment...more

July 1 COPPA Compliance Deadline is Approaching

by Julia Siripurapu | Mintz Levin - Privacy & Security on 5/15/2013

Today, the FTC sent more than ninety (90) “educational” letters to domestic and foreign businesses whose Web sites and online services (including mobile apps) appear to collect personal information from children that are 12...more

OCC, FDIC Announce Overdraft Enforcement Actions

by BuckleySandler LLP on 5/13/2013

On April 30, the OCC and the FDIC announced parallel enforcement actions against a national bank and an affiliated state bank to resolve allegations that the institutions violated Section 5 of the FTC Act in their marketing...more

FTC Confirms Expanded Kids Privacy Rule Effective Date Is July 1, 2013: Online Advertisers and Services Displaying Ads among...

by Wilson Sonsini Goodrich & Rosati on 5/10/2013

The Federal Trade Commission (FTC) unanimously voted this week to keep July 1, 2013, as the effective date for the amended Children's Online Privacy Protection Rule (COPPA Rule).1 The COPPA Rule applies to operators of...more

Advertising Law -- May 09, 2013

by Manatt, Phelps & Phillips, LLP on 5/9/2013

Harsh Criticism for Ad Industry Over DNT - The advertising industry faced harsh criticism at a hearing held by Sen. Jay Rockefeller (D-W.V.). He addressed the implementation of a federal Do Not Track program and...more

FTC Votes to Keep July 1 Compliance Deadline for COPPA; California Bill Would Require Removing Children's Personal Information...

by Loeb & Loeb LLP on 5/8/2013

The Federal Trade Commission voted unanimously this week to keep the July 1, 2013, compliance date for the new COPPA Rule. Representatives from several industry groups had asked the FTC to delay the compliance date to give...more

FTC Staff Updates its COPPA FAQs, Providing Crucial Guidance for Covered Operators

by D. Reed Freeman, Jr., Julie O'Neill | Morrison & Foerster LLP on 5/6/2013

Last week, the staff of the Federal Trade Commission (“FTC”) issued crucial reading for operators of websites, apps, plug-ins, ad networks and other online services (together, “Services”) that are subject to its recently...more

Advertising Law -- May 03, 2013

by Manatt, Phelps & Phillips, LLP on 5/6/2013

Manatt and ERA to Lead Teleseminar on Compliance with FTC’s New Dot Com Disclosure Guides - The Federal Trade Commission’s long-awaited changes to its “Dot Com Disclosures” set forth a number of new directives,...more

Advertising News & Analysis - May 2, 2013

by Gary D. Hailey, Jeffrey D. Knowles, Amy Ralph Mudge, Randal M. Shaheen | Venable LLP on 5/6/2013

In this issue: - NY Court Finds Name-Dropping Remains Protected in Art and Music - FTC Announces Staff Report on Mail or Telephone Order Merchandise Rule - FTC Solicits Comments on Proposed Changes to...more

Franchising Newsletter – April 2013

by Kathy Dalton, Murray Deakin, Sam Jackson, J. Michael Keyes, Michaela Moloney, Sylvia Ng, Chris Nikou, Anna Trist | K&L Gates LLP on 5/2/2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from...more

FCC Seeks Comment on Healthcare Connect Fund Clarification

by Rebecca Jacobs, Mark Palchick | Womble Carlyle Sandridge & Rice, PLLC on 5/2/2013

The Wireline Competition Bureau is seeking comment on a petition filed by the United States Telecom Association (USTelecom) for reconsideration and clarification of the FCC’s recent Rural Health Care Support Mechanism Order....more

Tips for Mobile App Privacy Compliance [Video]

by Fenwick & West LLP on 4/30/2013

Increasingly, privacy is a big concern in app development. California and other jurisdictions are ramping up enforcement efforts around existing privacy laws. For example, the California attorney general has recently taken...more