News & Analysis as of

A Look at the FDA’s New Social Media Guidance

Draft guidance provides the medical industry with long-awaited boundaries for marketing in the electronic age. On January 13, 2014, the Food and Drug Administration (FDA) released a draft guidance document providing...more

FDA Issues Draft Guidance Relating to Social Media Promotion by Drug and Biologics Manufacturers

On January 13, 2014, the Food and Drug Administration (“FDA”) issued a draft guidance document outlining the circumstances under which a manufacturer of a prescription drug or biological product may be accountable for content...more

Gavel to Gavel: It all ads up

‘Tis the season for post-holiday sales and New Year’s resolutions. Businesses may be working a little harder to lure consumers, and that means more advertising. Originally published in The Journal Record - January 2,...more

Employment Law -- Dec 20, 2013

Despite $27,000 Jury Award, 9th Circuit Approves Almost $700,000 in Attorney’s Fees - Why it matters: Affirming the broad discretion of federal district court judges to award attorney’s fees, the Ninth U.S. Circuit...more

Social Media: Consumer Compliance Risk Management Guidance

On December 11, 2013, the Federal Financial Institutions Examination Council (FFIEC) released final guidance (“Guidance”) on the applicability of consumer protection and compliance laws, regulations, and policies to...more

Social Media Marketing: Caging the Un-Caged Tweeter

It is easy to forget that social media is really a form of advertising, and therefore, subject to federal and state laws and regulations, as well as industry guidelines. In contrast to traditional advertising, which involves...more

Advertising Law -- Oct 10, 2013

Fourth Circuit "Likes" First Amendment Protection for Social Media Speech - A Facebook "like" is speech protected by the First Amendment, the Fourth U.S. Circuit Court of Appeals ruled, reversing a federal court...more

Advertising Law -- Sep 26, 2013

Julia Child Foundation Whips Up Lawsuit Against Williams-Sonoma - Williams-Sonoma illegally used the name and likeness of the late Julia Child more than 100 times in advertising, marketing, and promotional materials...more

Savvy companies must designate a dedicated content strategy leader

Paying attention to content strategy within an organization is more important than most managers probably think. The fact is: The consumption of information through social and other “new” media is on the rise....more

Privacy on Facebook, Twitter, etc.

After the settlement approved by the US District Court of Northern California obliging Facebook to pay $20 million for putting users’ names and faces in “Sponsored Story” ads without their permission and without paying them,...more

Advertising News & Analysis - August 29, 2013

In this issue: - Register Now and Join Us at ERA D2C - What You Think You Know Can Hurt You - FDA Serves Seconds on Medical Food Guidance - Facebook Promotions? You Don't Need an App for That -...more

Building and Protecting Your Association’s Brand in Social Media: Managing the Legal Pitfalls

In this presentation: - Social Media – Everywhere - How Does Social Media Work for You? - When Social Media Works against You - Laws – Evolving - Defamation - Intellectual Property:...more

Advertising Law - Aug 29, 2013

Facebook Changes Its Promotion Guidelines - Sponsors can rejoice. Effective August 27, 2013, Facebook no longer requires that sweepstakes and contests be conducted on third party apps. By dispensing the apps...more

Legal concepts every social media marketer should know: Part I -- Consumer privacy

There are three things a social media website operator or digital marketer probably hates to hear most before launching an online ad campaign: 1. Can you make this go viral?; 2. How many likes/tweets can you get?; and 3. Did...more

Advertising Law - Aug 01, 2013

DNT Standard Remains Elusive - The struggle to set a standard for a Do Not Track program continues. Two years into the process, the Tracking Protection Working Group of the World Wide Web Consortium has failed...more

SHARE this photo if you want a lawsuit: Avoiding liability when using public photos to advertise on social media websites

Your company just hosted a successful public event — perhaps a fundraiser for a local charity. Now that the event is over, all that remains is to post photos from the event on your company’s Facebook page. Right?...more

Advertising News & Analysis - July 25, 2013

In this issue: - Digital Advertising Alliance Unveils Mobile Privacy Guidelines - FTC Tells Search Engines and Social Media Sites: “You Got to Keep 'Em Separated” - Nine Out of 10 Regulators Prefer...more

SEC Approves Final Rules that (1) Permit General Solicitation and General Advertising in Rule 506 and Rule 144A Offerings and (2)...

The SEC has amended Rule 506 of Regulation D and Rule 144A under the Securities Act of 1933 (Securities Act) to (1) permit, in certain circumstances, an issuer to engage in general solicitation and general advertising in...more

Social Media Legal Risks for Nonprofits: How to Successfully Navigate the Pitfalls

In this presentation: - How Does Social Media Work For You? - When Social Media Works Against You - Others’ IP - The Pinterest Question: “ But, What About Fair Use?” - Argh, so many...more

McAfee & Taft tIP Sheet - June 2013

In This Issue: - Short Attention Span - When the stars align: Negotiating celebrity endorsement deals - It’s not easy saying you’re green - Excerpt from Short Attention Span: LIKE IT? TWEET IT?...more

McAfee & Taft tIPsheet - June 2013: Short attention spans

LIKE IT? TWEET IT? PIN IT? Online advertising is becoming more critical to marketing departments and brand owners everywhere. Using Facebook, Twitter, Pinterest and other social media avenues to promote brands is a seismic...more

Advertising Law -- Jun 13, 2013

SPECIAL FEATURE: Manatt and Mergermarket Release New Study on U.S.-China Deal Activity in Entertainment, Advertising and Digital Media Sectors - Investment and M&A activity between the U.S. and China in the...more

Stop Insider Tweeting! -- Feds eye social media for securities shenanigans

As financial institutions and investors turn to social media to instantly share snippets of news and potential clues about market trends, the FBI and SEC are monitoring such postings for evidence of insider trading and...more

Another Nominative Fair Use Example?

Twitter seems to be going strong, despite early questions about whether it would ever shed the notion of being a waste of time, as evidenced by this currently running billboard ad...more

Texas Leg 2013 Wrap-Up – Texas Does Not Take The Lead On Social Media Issues

Although the Governor called a special session extending the Texas Legislative session, the topics to be addressed are political ones and not the ones we have been tracking....more

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