News & Analysis as of

FDA Draft Guidance Aims to Clarify Appropriate Character-Space-Limited Social Media Use by Drug and Device Firms: Part One of Two

As technology continues to evolve, so do the ways in which patients and healthcare providers obtain information pertaining to medical products regulated by the Food and Drug Administration (FDA). Thomas Abrams, Director of...more

FDA Proposes Guidelines for Posting Medical-Product Information Online

A lot can be misconstrued in the silent world of the Internet. While online technology has changed the communications paradigm, it also has resulted in bad information, embarrassing typos, factual errors and malfeasance....more

Status Updates - June 2014 #7

..A Gallup survey found that a majority of Americans do not turn to social media when making purchasing decisions — but the survey appears to be flawed in several respects, especially because the information was gathered 18...more

FDA Releases Long-Awaited Guidances on Character Limitations and Misinformation on Internet/Social Media

In two separate guidances, the Food and Drug Administration (FDA) advises prescription drug and device manufacturers on its "current thinking" on advertising through space-constrained social media (e.g., Twitter) and on the...more

Advertising Law - May 2014

Here Today, Still Here Tomorrow: FTC Settles With Snapchat - Now you see it … and now it’s still there. Mobile messaging app Snapchat went with a catchier slogan, promising consumers that pictures and videos...more

Database Marketing Outsourcing

Database marketing outsourcing is a strategic transaction for retailers. This type of outsourcing can facilitate the integration of diverse marketing channels e.g., web, social media, catalog and in-store sales) and enable...more

Ill Conceived California Privacy Bill Threatens Viability Of Commercial Educational Online Services

SB 1177, the Student Online Privacy Protection Act was recently introduced in the California legislature. This is a bad bill for the private educational industry, and ultimately for parents and students. It would drastically...more

FDA Issues Draft Guidance Addressing Postmarket Submission Requirements for Internet-based Promotional Materials

On January 14, 2014, the U.S. Food and Drug Administration (Agency) published a long-awaited draft guidance entitled Fulfilling Regulatory Requirements for Postmarketing Submissions of Interactive Promotional Media for...more

CASL Regulations: At Last

Industry Canada released its final regulations to Canada’s anti-spam legislation (CASL) on December 4, 2013. Bottom line: Canada’s new anti-spam law will take effect on July 1, 2014, and it includes significant...more

California Protects Minors from the Internet by Imposing Restrictions on Online Marketing or Advertising of Products Minors Cannot...

Operators of Internet websites and online services, online applications or mobile applications (online media) will be prohibited from targeting minors with advertisements for goods that a minor cannot legally purchase and...more

New California Law Impacts Use of Information from Minors, Offers Right to Delete

On July 1st of this year, new amendments to the Children’s Online Privacy Protection Act Rule (COPPA Rule) came into effect, with perhaps the most pronounced changes being the expansion of COPPA to apply to geolocation...more

Responsive Design for Law Firm Websites – 10 Questions Answered (part 1)

Responsive Design for Law Firm Websites – 10 Questions Answered (part 1) It’s been a few months since I spoke at the 2013 Legal Marketing Association conference in Las Vegas. My talk was about the new mobile website...more

Give people multiple ways to find your law firm's website

A report released by Forrester Research showing more people than ever are using social media to find websites has been garnering a lot of attention among marketers. For lovers of social networks, the data confirms what they...more

JDB 029: Youtility with Jay Baer – A Review

Back in January of this year I attended the New Media Expo (NMX) in Las Vegas. During this three day event I heard a lot of great speakers, but one stood out from the crowd – Jay Baer....more

Online Marketer That Allegedly Used Fake News Sites to Promote Products May Not Be Protected by CDA Immunity

Section 230 of the Communication Decency Act (CDA) promotes the free flow of information on the internet. The statute seeks to ensure that website operators and other interactive computer services are not hampered by lawsuits...more

Before you go Social, Ask These Questions

Social media gets a lot of buzz these days. Most conversations presume a strong rationale for engaging in social media channels. The conversations seem to jump past whether it makes sense and instead argues for engaging in...more

JDB 018: Stand Out from the Crowd – Internet Branding for Lawyers with ABA Author Jeff Lantz

On today’s episode of the JDBlogger Podcast I interview entrepreneur and ABA author Jeff Lantz. Jeff is the founder and CEO of Esquire Interactive a company dedicated to helping attorneys market their law practice. Prior to...more

I joined a MLM company as a MLM distributor. What can I say about the company in my online marketing/advertising?

Each direct selling company has its own rules about what distributors can say and do on the internet. It is common for MLM companies to closely guard their trademark(s) and the company has the right to regulate the usage of...more

LinkedIn won’t help most lawyers

Originally published in The National Law Journal on March 4, 2013 In the movie Rudy, we get to know a young man with all the ambition in the world to play ­football for the University of Notre Dame. He is...more

Word of Mouth Marketing: The Bad, and the Ugly

The ‘wild west’ nature of the Internet is creating a tough environment for businesses relying on word of mouth marketing (WOMM). While this is a challenge that generally impacts consumer product companies, recent findings...more

‘D-Will’ tries cutting out the middle man

Originally published in The Chicago Daily Law Bulletin on January 15, 2013. Positive press is not always guaranteed, even for marquee players covered widely in both the regional and national sports media. That’s why...more

Trends For 2013 In Internet And Marketing Law

After looking at the most popular posts from 2012 in our last edition, today we look at what are likely going to be the big trends for 2013 in internet and marketing law. ...more

The Nitty-Gritty on Facebook Over-Sharing

Why People are Careless about Internet Privacy - If you are like me, you have probably wondered why people choose to share so much about themselves and their families on Facebook. Why do people treat the social media...more

FSA Warns Firms About Financial Promotions

On September 21, the UK Financial Services Authority (FSA) released a speech entitled “Financial Promotions: Keeping Connected and Compliant” delivered by Clive Gordon, FSA’s Head of Conduct Risk. The speech highlighted...more

Ninth Circuit Find Defendant in Violation of FTC Consent Decree and Affirms District Court's Contempt Order

The U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s finding that defendant had violated a consent decree entered into with the Federal Trade Commission in which defendant had agreed to clearly and...more

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