News & Analysis as of

Trending Information: The Connection Between Data Brokers and the Fashion Industry

Consumers frequently reveal personal information about themselves through a variety of daily online and offline activities. For fashion designers and retailers, this consumer information represents a valuable tool to...more

Getting To The Real Issue On The Senate Subcommittee's Advertising Report

The "Security" Part - When reading the Majority and Minority Staff Report from the Permanent Subcommittee on Investigations ("The Subcommittee") regarding the "Hidden Hazards to Consumer Security and Data Privacy" was...more

Senate Committee Turns Attention to Online Advertising Security

The Senate Homeland Security & Governmental Affairs Permanent Subcommittee on Investigations released a report on May 14, 2014, regarding the security of online advertisements. Entitled “Online Advertising and Hidden Hazards...more

Social Media - Love it or leave it?

Social media, love it or leave it? Social media has become an indispensable part of business. There is no question that social media is an effective marketing tool. Statistics show that 14% of consumers do not trust...more

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

Law À La Mode - Issue 13 - April 2014

In This Issue: - PRIVACY BY DESIGN? FASHION FLAIR TRANSFORMS WEARABLE TECHNOLOGIES: The rise of the wearables – and the data protection challenges they bring - EFFECTIVELY DELIVERING IT SERVICES IN THE RETAIL...more

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

Advertising Law - Mar 14, 2014

Sue Like Mike: Jordan Wins Reversal in Publicity Rights Suit - An advertisement congratulating Michael Jordan on his induction into the Basketball Hall of Fame constituted commercial speech, the Seventh U.S. Circuit...more

In with the New, Part III: 2014 Privacy, Advertising and Digital Media Predictions

Boston-based litigation partner Matt Turnell shares his predictions about class action litigation under the Telephone Consumer Protection Act (TCPA) and Electronic Communications Privacy Act (ECPA) in 2014 and Boston-based...more

In with the New: 2014 Privacy, Advertising and Digital Media Predictions

Data privacy and security made the headlines practically daily in 2013. Our second annual Privacy and Data Protection 2013 Year in Review topped 65 pages! What privacy, advertising and digital media trends will make...more

Guidance on Personal Data Used in Advertising in Germany

German data protection authorities published new guidelines in December 2013 about the collection and processing of personal data for advertising purposes. The 2013 advertising guidelines (available here in German)...more

Whitepaper roundup: Privacy, copyright, and digital advertising

Readers seem to have liked our post about the recent GAO report that summarized the U.S. data privacy debate. For those interested in Internet law and policy issues, there are plenty of other official reports that you can use...more

BBB Warns Advertisers and Web Publishers to Take Responsibility for Behavioral Advertising Disclosures

The Better Business Bureau (“BBB”) and the Direct Marketing Association (“DMA”) are in charge of enforcing the ad industry’s Self Regulatory Principles for Online Behavioral Advertising (“OBA Principles”), which regulate the...more

On the Second Day of Privacy, California Gave to Me……

Well, the headlines don’t exactly work with the traditional tune, but blame the editor for that... 2013 was a busy year for California. We passed a budget with a surplus, let Kim and Kanye get engaged in one of our...more

The Download - October 2013

In this issue: - Heard On the Hill - House Bipartisan Working Group Considers Privacy Around the Agencies - New TCPA Rules Effective October 16, 2013 - FTC to Hold Workshop on Native Advertising - New HIPAA...more

California Court Finds Advertising Injury Coverage is Triggered by Medical Information Data Breach

On October 7, 2013, a federal district court in California held that the Advertising Injury coverage in a comprehensive general liability policy issued by Hartford Casualty Insurance Company (Hartford) covered two class...more

Advertising Law -- May 31, 2013

A Friendly Reminder from the FTC: You May Be in Trouble - Continuing the countdown to the effective date of the amended Children’s Online Privacy Protection Act Rule, the Federal Trade Commission sent “educational...more

Advertising Law - Apr 25, 2013

- Marc Roth Invited to Present on Privacy Issues in Marketing at NYC Bar CLE Program: On May 3, 2013, the New York City Bar Center for CLE and the Brand Activation Association (formerly the Promotion Marketing...more

BANKING AND FINANCIAL INSTITUTIONS CLIENT UPDATE: Emerging Thoughts and Reactions to Federal Financial Institutions Examination...

On January 22, 2013, the Federal Financial Institutions Examination Council (FFIEC) released proposed guidance regarding the use of social media by federally regulated financial institutions. ...more

Poland Adopts Heavy Penalties for Telcos Using Cookies without Obtaining "Opt-In" Consent

Poland’s Act amending its Telecommunications Law and Certain Other Laws of November 16, 2012, came into effect on March 22, 2013. The law relates specifically to telecommunications companies, and therefore other sectors such...more

European Regulators Issue Opinion on Mobile Apps

On March 14, 2013, the European data protection regulators (the Article 29 Working Party, or WP) issued a 30-page opinion addressing how mobile apps should comply with EU data protection law (the Opinion). The main focus of...more

Preparing an Online Social Media Policy: The Top Ten Legal Considerations for Your Nonprofit

Legal issues - Same as before but new platforms – Entity use of social media – Pathways to Legal Liability or Risk: Defamation, Intellectual Property, Trade Secret, Advertising, Privacy, and...more

Network Interference: A Legal Guide to the Commercial Risks and Rewards of the Social Media Phenomenon (2nd Edition)

In October 2009, we published the first edition of this White Paper, focusing primarily on social media issues in the United States. The response was overwhelming and far beyond our expectation — clients, friends, press and...more

Five Data Governance Matters To Address In 2013

It is 2013, and time for a bit of tough love. Here are five data governance matters that need your attention as soon as possible....more

FTC Publishes New Privacy Guidelines for Mobile Apps

The Federal Trade Commission (FTC) released guidelines to assist mobile app developers to comply with truth-in-advertising and basic privacy principles when marketing new mobile apps....more

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