Marketing

News & Analysis as of

The Harbor Might Not Be Safe: Failure To Update Generic Drug Labels Can Invite a Storm of State-Law Claims

The New Jersey Supreme Court ruled on August 22 that consumers’ state-law claims that manufacturers of a generic Reglan, a heartburn medication, did not adequately warn about its risks are not preempted by federal law....more

‘Our 15-Year-Old Firm has 275 Years of Experience’

Wait, what? ...Ohhhh, I get it — you are aggregating every single one of your lawyer’s total years of experience into a single figure... One question — So what? How does a combined number help provide better...more

Still At The Starting Line With Your Social Media Efforts?

Can you imagine your firm without a website? What if your bio were not listed on the internet? Well, there was a time when law firms questioned whether they needed a website. And a marketing team was not even part of...more

Drug Treatment Centers Must Walk a Fine Line With Respect to Marketing

A recent New York Times article entitled “How Staten Island’s Drug Problem Made It a Target for Poaching Patients,” details how recruiters for treatment centers as near as Long Island and upstate New York, and as far away as...more

Edible Arrangements’ Trademark Case Bears Fruit

In a recent decision, Judge Vanessa L. Bryant shed some light on a significant new issue: trademark infringement in the world of internet keyword advertising. In a case with important implications for online marketing...more

The RedBox Mark Has Gone to Waste and 3 Quick Lessons to Learn

The RedBox brand continues to dominate the movie rental market. For the uninitiated, RedBox is a brand of movie and video game rental vending machines placed in convenient locations like grocery stores, gas stations, and fast...more

Complying with Advertising Laws when Marketing Children's Products

We are now in the midst of the back-to-school season, and before you know it, Halloween and the winter holiday season will be upon us. Over these next few months in particular, companies may face a variety of issues related...more

“City Slickers” and Law Firm Differentiation.

In the 1991 comedy City Slickers (“Yesterday They Were Businessmen. Today They’re Cowboys. Tomorrow They’ll Be Walking Funny.”), Curly, played by Jack Palance, a wise and wizened cowboy, offers some old-time western wisdom to...more

Teaming Sports Stars, Good Causes Great – But Know the Rules

Many sports figures have created nonprofit organizations to raise funds for a cause close to their hearts. But the reality is that athletes’ foundations aren’t always successful in raising money for charity. This article...more

American Spirit Cigarettes — Reduced Risk Marketing Pitch

I want “all natural” in everything I consume. Why? Because it is better for you. Right? What does natural mean to us? “Unaffected”, “genuine”, “native” “natural”. All clean feeling words that provide the impression that...more

Here’s how to easily fix one of the worst networking mistakes.

Take 200 business cards out of your desk drawer, bring them home, and scatter them around your life. Distribute them everywhere you may later find you need them. More detail on this is below. But first some...more

Business Development Education is Key to a Law Firm’s Success

A key component of my position as Director of Marketing and Business Development at a law firm, is to educate. As many new attorneys in private practice quickly realize, marketing and business development are generally not...more

You Wear It Well (or Do You?): FDA Objects To These Skincare Companies’ Unapproved New Drug Claims

In the 1972 hit, “You Wear it Well,” Rod Stewart sang about a woman and offered the classic line, “Madame Onassis got nothing on you.” The tune came to mind when reading four Warning Letters issued by the Food and Drug...more

Howard Law Group featured in The Legal Intelligencer

We’re pretty proud of the Howard Law Group website. It’s simple, bold, and well branded, nicely capturing the sizable strength and skill of Bill and Jean Howard’s national litigation practice. It’s also nice when others...more

Blog: Building, Marketing and Maintaining Your Brand in the UK

Building, marketing and maintaining a strong brand is fundamental to ensuring the success of a new company. Not only will a strong brand confer a competitive advantage through encouraging brand loyalty, but it will have...more

EMA Accepts Mylan and Biocon’s Application for Authorization to Market a Pegfilgrastim Biosimilar

Mylan N.V. and Biocon Ltd. recently announced that the European Medicines Agency has accepted Mylan’s Marketing Authorization Application for a proposed biosimilar version of Amgen’s Neulasta (pegfilgrastim). In Europe,...more

FTC Sends Warning Letters to Companies Making Zika Virus-Protection Claims

Last Friday, the Federal Trade Commission (“FTC”) sent warning letters to ten online marketers that were making Zika virus-protection claims. The Center for Disease Control believes that the Zika virus is spread primarily...more

Smiling Lawyers on Your Home Page

Smiling lawyers – the latest website home page cliché. For 25 years, I’ve been railing against the obvious, literal visual “Law” clichés — the gavels, globes, columns, skylines, buildings, handshakes, blurry lawyers...more

Avoiding the Road to Ruin in Your Road To Rio Marketing Blitz

Late last month, the United States Olympic Committee (the “USOC”) sent a few not so nice warning letters to brands that sponsor athletes, but chose not to pay the “golden” price of becoming an “official” sponsor of the games....more

Nailing the Fundamentals – Connecting the Dots to Grow a Client Relationship

Solving a client’s business issues if you don’t know the solutions or services your firm has to offer can be like trying to solve a jig-saw puzzle without all the pieces....more

New Retreat, CLE, and Marketing-Training Video

I’m delighted to (finally) have a demo video showcasing my law firm keynote, firm retreat, and marketing-training presentations.  I’ve been filming most of my speeches lately because many in-house marketers, administrators,...more

Keeping Pokémon Go cyber fun from causing real-world liability

Noses buried in their smart phones, armies of Pokémon Go players scour neighborhoods in search of elusive cyber monsters lurking in real locations identified by the wildly popular game. Seeing a way to “lure” (in Pokemon Go...more

Advertising Law - July 2016 #4

Sen. Franken Hits Pause on Pokémon GO - After the Pokémon GO app was downloaded approximately 7.5 million times in the United States alone in its first week of release, Sen. Al Franken (D-Minn.), the chairman of the...more

The implications of Brexit on the entertainment and media industry

While the United Kingdom will not leave the European Union overnight, it is important to consider what the result of the Brexit referendum means to the entertainment and media industry. What are the challenges? How do we...more

NY Attorney General Tightens the Screws on Direct Marketing Industry

In a move that will no doubt have ripple effects across the direct marketing industry, the New York Attorney General has reached a settlement with two marketers regarding allegations of deceptive advertising practices. If...more

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