News & Analysis as of

Law Firm Business Development: Be Confident and ASK

Speaking with a client today, I was reminded of one of the most common mistakes lawyers make when it comes to business development. They forget to ask for the business. My client, a young partner with an outstanding book of...more

Paid Celebrity Endorsements in Social Media: The FTC Is Watching

How much trust do you place in celebrities who endorse products on social media platforms such as Instagram, Snapchat, Facebook, Twitter, and YouTube? Do you stop to consider whether they are compensated for their efforts...more

S.D. Cal. Shows No Love for Aphrodisiac Class Certification

A class action claiming that a diet supplement was falsely advertised as being an aphrodisiac cries out for bad jokes and silly puns. Are we above all that? Er… sure. The supplement is called IntenseX. (Get it? Why don’t...more

Another judge rules Starbucks doesn't deceive with its ice

In a recent post about the rise in so-called “slack-fill” litigation, we discussed a California district court’s dismissal of a highly publicized lawsuit in which the plaintiff claimed that Starbucks’ iced beverages contained...more

Navigating the Maze of E-Cig Marketing Regulations

Federal regulators, and states, counties and cities throughout the country, are enacting new laws, rules and regulations in the e-cigarette marketing space. How can e-cig manufacturers and related marketing affiliates...more

What the NFL’s Ratings Swoon Says to Professional Services Marketers

If you ever doubted that the media landscape is shifting, you only need to look at the reports that the NFL, the mightiest-of-mighty media properties, is experiencing a large dip in viewership. Through the first five weeks of...more

Awful law firm websites: The ‘Small-Firm Trifecta.’

Nothing says “Small, mediocre law firm” like a website home page full of obvious stock photos and free clip art. And in my opinion, the worst of the worst are those that combine multiple clichés in a single photo....more

FTC Clamps Down on Nationwide Deceptive Marketing Campaign

The Federal Trade Commission (“FTC”) recently filed suit against several related companies in connection with a nationwide campaign of deceptive marketing and billing practices....more

Your Emails Shouldn’t Be Like Hotel California

I write a lot because social media gets my name out there at a much lower cost than hiring a public relations. director. I know because I’ve been there and done that. I write articles, I blog, and I started this crazy...more

Myrland Marketing Motivation: I Could Grow My Practice If…

- Myrland Marketing Motivation, A Little Virtual Encouragement To Start Your Week. - More Motivation Than Marketing. It’s A Monday Kind Of Thing! What is one skill you need to grow your practice? It can be big or small....more

Advertising Law - October 2016 #2

No Shades of Gray in Order Banning Supplement Claims - In a case based on a referral from the National Advertising Division, the Federal Trade Commission obtained summary judgment and a final order against an advertiser...more

New to Chambers? 6 Ways to Streamline the Process AND Improve Results

It’s that time of year again! Submission dates for various practice areas and states for Chambers USA are due in the Fall, and Knapp Marketing gets many inquiries from law firms asking for guidance in the process. For firms...more

Beware Social Media Masters, FTC Taking Long Look at Phony Blogs

In the age of digital communities, bloggers, vloggers and Instagramers create and disseminate a huge amount of content on myriad topics, building trust, credibility and a loyal following through authentic content on a variety...more

FTC Targets Tech Support Companies for Deceptive Pop-Up Marketing

On October 12, 2016, the Federal Trade Commission (“FTC”) announced that a temporary restraining order had been issued by a court of law against five related tech support companies and their respective principals (the...more

Companies Perceived By The FTC as Top Violators

As discussed in the previous section, the FTC collects complaints about organizations that allegedly violate the data privacy, data security, advertising, and marketing laws. Each month the FTC’s Division of Planning and...more

Petition for Writ of Certiorari Denied by Alabama Supreme Court in Key Sales Tax Case

Last Friday the Alabama Supreme Court denied the ADOR’s petition for writ of certiorari in the case of State Dep’t of Revenue v. Omni Studio, L.L.C. The denial by the Supreme Court follows a pro-taxpayer ruling in the Alabama...more

Affiliate Marketing Network Held Liable for its Publishers’ Deceptive Content

The U.S. Court of Appeals for the Second Circuit recently affirmed a ruling of a lower court that held an affiliate marketing network liable for its role in promoting a deceptively-marketed product. Despite the fact that the...more

Guidelines for Email Marketing In Canada (CASL)

On July 1, 2014, the central provisions of the Canadian Anti-Spam Law (“CASL”) came into force. These provisions generally prohibit the sending of a Commercial Electronic Message (“CEM”) without a recipient’s express consent,...more

Breathe New, Prolonged Life into White Papers

Even though the content we consume is getting more and more concise, short and direct, white papers play an important role in professional services marketing – and particularly in the AEC industry...more

IP Newsletter - Superintendency of Industry and Commerce orders TV advertisement pulled for unsupported claims

Colombia's Superintendency of Industry and Commerce, in Resolution 59176 of 2016, issued an order that the Colombian Association of Consumer Education cease airing a TV advertisement that contained misleading statements about...more

“How will prospects know I’m awesome if I don’t tell them?”

Hi. It’s Ross. Let me tell you a few things about myself: I’m excellent. I have integrity. I’m responsive. I’m experienced. I’m technically knowledgeable. I’m legally effective. ...more

Marketing your brand with influencers? Make sure the FTC hits the “Like” button

Brand owners and their attorneys are grappling with an important question: how to disclose their connections to luminaries like PewDiePie. If you haven't heard of PewDiePie, don't worry—he's a 26-year old Swedish...more

US Hedge Fund Managers: Accessing Capital and Marketing in Europe

Recent regulatory change has made the marketing of hedge funds in the European Economic Area (the “EEA”) more involved, particularly for managers based outside the EEA. This appears to have led some US investment advisors to...more

Do Consultants Often “Sell from the Podium?”

Tim Corcoran ably summarized the feelings of many consultants and professional speakers with a recent blog post which includes this excerpt: “Major conferences often have a bias for in-house professionals as...more

“Follow the Lead” Recap: FTC Summarizes Takeaways from Workshop on Lead Generation

The FTC released last week a paper summarizing and reflecting on its October 30, 2015 public workshop, “Follow the Lead,” which we previously discussed here and focused on lead generation practices and related privacy and...more

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