News & Analysis as of

Disclosure At The Mobile Check-Out: The FTC's View On Mobile Shopping Apps

In its August 1st report entitled "What's the Deal — An FTC Study on Mobile Shopping Apps," the FTC provides guidance on various disclosures that should be made by mobile apps along with reinforcing a number of prior...more

FTC Reports Mobile Shopping App Consumer Disclosures Are Insufficient

On August 1, the FTC released a staff report on the agency’s review of shopping apps—those used for comparison shopping, to collect and redeem deals and discounts, and to complete in-store purchases. ...more

FTC Calls for Action on Big Data

Following an 18-month investigation into the practices and operations of data brokers, the Federal Trade Commission has issued a voluminous report calling for legislation to regulate the industry in the interests of consumer...more

California Attorney General Issues Guidance on Do Not Track

In 2013, the California Legislature passed a tracking transparency bill, AB 370, which amended the California Online Privacy Protection Act (“CalOPPA”). AB 370 requires commercial website operators to inform users of how they...more

The Complexities of the USPTO Proposed Attributable Ownership Rules

The USPTO proposed attributable ownership rules would require the public disclosure of the “attributable owner” of patent applications and patents. As discussed in this article, the proposed definition of “attributable owner”...more

Interest Relationship Disclosure – FTC’s New Guidelines Regarding Astroturfing

Taiwan’s Fair Trade Act (FTA) governs the maintenance of the trading order, protects consumers’ interests, ensures fair competition and promotes economic stability and prosperity. Noznetheless, there were originally no...more

Reviewing Franchising and Business Opportunity Fundamentals

After creating a successful business model, expansion becomes the next natural step. But such growth usually requires the involvement of third parties, especially if resources are limited. There are several ways to expand...more

Background Check Forms Face Increased Scrutiny in Federal Court

Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. ...more

Native Advertising Takes Center Stage: New NAD Decision Recommends Disclosure of Branded Content as Advertising

Many advertising industry predictions for 2014 have trumpeted the rise of "native advertising" and "content marketing" in digital media, where advertising or sponsored content is integrated with or designed to resemble...more

Privacy & Cybersecurity Update - December 2013

In This Issue: - European Commission Proposes Changes to the US-EU Safe Harbor: In our November Privacy & Cybersecurity Update,1 we reported that the European Commission was undertaking a review of the U.S.-EU...more

FTC says app developers must shine more light on how they use data

When your own flashlight is spying on you, something is wrong. That, at any rate, is the Federal Trade Commission’s thinking in a case that illustrates how, in today’s electronic world, privacy concerns can lurk in the most...more

Mobile Apps Remain Regulatory Focus as FTC Enforces Data Privacy of Popular Program

The provider of the immensely popular “Brightest Flashlight Free” mobile app for Android reached a settlement with the Federal Trade Commission (FTC) over charges that it collected sensitive personal information, including...more

Global Connection - November 2013: Entering the U.S. Franchise Market: a Summary of Legal Considerations

Franchisors that have developed successful programs in their home countries will frequently consider expansion opportunities in other countries. In the past, the U.S. was not necessarily an attractive venue in light of the...more

The Online Marketer’s Guide To Privacy

I’ve hesitated to write this post because the law is always changing and you can’t cover it all in one blog post (thank goodness for linking). I did a presentation to the Houston Interactive Marketing Association this week...more

Patent Reform Update: Leahy Introduces Senate Bill, Goodlatte Circulates House Manager’s Amendment

Significant congressional activity took place on November 18, 2013, bringing patent reform several steps closer to enactment. While final passage remains too early to predict (and no single bill has yet been voted out of...more

Focused On Franchise Law - October 2013

FRANCHISOR 101: PRINCIPALS NOT LIABLE UNLESS THEY PARTICIPATE IN FRAUD - In Sig, Inc. v. AT&T Digital Life, Inc., a federal district court in Miami held that the principal officers of a home and business security and...more

Privacy & Cybersecurity Update - October 2013

In This Issue: - Recent Changes to California Privacy Law Have Nationwide Implications - The FTC Brings Its First Enforcement Action Against the ‘Internet of Things’ - Fifth Circuit Ruling Provides New...more

Florida District Court Orders Disgorgement Of Profits From Unfair, Deceptive Online Payday Loan Referral Practices

On July 18, the U.S. District Court for the Middle District of Florida held that an online payday loan referral business engaged in unfair and deceptive billing practices and failed to provide adequate disclosures to its...more

Recent Cases Serve as a Reminder of the Potential Impact of HSR Reporting Requirements and Other Key Disclosure Rules on...

Two recent enforcement actions by the Department of Justice and the Federal Trade Commission (the “FTC”) confirm that there is continuing attention in the United States on compliance by investors with the reporting...more

FTC to Search Engines: Distinguish Paid Search Results or Risk FTC Action

While Google is already subject to commitments it made to the FTC regarding the requirement to afford advertisers non-discriminatory access to its search engine, the FTC’s latest guidance makes clear that Google and other...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

FTC Dot Com Disclosure Update: What's New for 2013

In March, the Federal Trade Commission issued updated advertising guidelines to take into account the challenges created by the rapid growth of mobile and online advertising platforms, particularly small screen size and other...more

Do’s and don’ts for dot-com ads

Internet and mobile advertising is subject to the same rules as anything else, the Federal Trade Commission recently assured us in a detailed 53-page booklet....more

FTC Updates Dot Com Disclosures to Address Mobile and Social Media Advertising

Today the Federal Trade Commission released an updated version of its 2000 guidance on how to make disclosures clear and conspicuous to avoid deception. Dot Com Disclosures: How to Make Effective Disclosures in Digital...more

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