News & Analysis as of

4 Steps to Consistently Draw Media Attention to Your Law Practice

“People are sheep. TV is the shepherd.” ? Jess C. Scott, Literary Heroin (Gluttony): A Twilight Parody I’ll start with a story from a while back… It was a pretty normal Sunday for me. I woke up early for my...more

Optical Express appeal highlights the need for caution over third-party marketing lists

In a decision of 31 August 2015, the First-Tier Tribunal provided important clarification on the use of third-party mailing lists. Optical Express v Information Commissioner (EA/2014/0014) is significant for organisations...more

Health Update - November 2015

Best Practices for Using Social Media in Healthcare: Maximizing Impact, Mitigating Risk - Editor's note: In a generation more likely to seek health information online than see a doctor, social media is playing an...more

The 3 Biggest Excuses Lawyers Make for not Creating Great Educational Video to Market their Law Firms

Anytime someone tells me they don’t have the time, I call them out on it and tell them “You’re full of it. You do.” The reason they claim they don’t have time is because they don’t see the value investing in their law...more

“Walking the Line Between Innovation and Regulation” – BAA Law 2015 Conference

With prominent speakers from the Federal Trade Commission and National Advertising Division of the Better Business Bureau, the 37th Annual Brand Activation Association Marketing Law Conference provided a unique opportunity to...more

Recent Cases Highlight Importance of Compliance with Hong Kong Privacy Law

The use of personal data in direct marketing without the customer’s consent and without fulfilling legal prerequisites has resulted fines issued by the Hong Kong Office of the Privacy Commissioner of Personal Data (“PCPD”)....more

6 Reasons Why a Law Firm Scholarship Campaign is Gold

The quality and quantity of inbound links pointing at your website is a powerful factor in where it ranks in search. As part of a multi-faceted SEO strategy, a good link building campaign can do wonders for your traffic. ...more

Alert: China Piloting Drug Marketing Authorization Holder System

The Chinese central government has taken several important steps in reforming the drug approval system in China, which could have far-reaching implications for pharmaceutical companies in China as well as foreign companies...more

Gambling Companies Hit a Triple Bogey

Gambling companies Hillside (UK Sports) LP t/a Bet365 (“Bet365“), Coral Interactive (Gibraltar) Ltd (“Coral“) and Petfre (Gibraltar) Ltd (“Totesport”) were recently challenged by the UK advertising regulator, Advertising...more

5 Things That Can Destroy a Good Scholarship Campaign

A well designed and effectively executed scholarship campaign can enhance the authority of a website by leaps and bounds. A link building campaign of this caliber has a lot of moving parts and any part that is poorly done...more

Alert: FTC Focuses on Lead Generation Practices in Higher Education and Ed Tech

On Friday, October 30, 2015, the Federal Trade Commission conducted a workshop in Washington, DC on lead generation practices, with a specific consumer protection focus on activities in the higher education sector including...more

JDB 076: Why Your Law Firm Needs an Email Subscriber List

For most lawyers email is the bane of their existence – I would be willing to bet good money that you have hundreds (if not thousands) of emails piled up in your inbox right now! But email can be a lawyers friend,...more

HIPAA Lessons from the Warner Chilcott Settlement

Last week, the US Attorney’s Office in Boston announced that drug company Warner Chilcott agreed to plead guilty to health care fraud and pay $125 million to resolve criminal and civil liability arising out of allegations...more

The Third Circuit Gives the Green Light to RICO Plaintiffs Seeking to Recover Payments for Prescription Drugs

This week, the Third Circuit altered the legal landscape for civil Racketeer Influenced and Corrupt Organizations Act (RICO) claims against pharmaceutical companies. The ruling in In re Avandia Marketing, Sales Practices &...more

Supreme Court Hears Oral Argument in TCPA Case Concerning “Picking Off” a Class Rep with an Offer of Judgment

On October 14, 2015, the United States Supreme Court heard oral argument in Campbell-Ewald Company v. Gomez, 14-SC-857.  The plaintiff in Gomez alleged he received an unsolicited marketing text message advertising the US Navy...more

Legally Yours: Establishing and Leveraging Your Role as a ‘Friend of the Court’

While the legal profession and public relations may appear at first glance to be two disciplines with little overlap, in fact the opposite is true. Lawyers and PR professionals are both advocates trusted to champion the...more

Friends With Benefits: The Opportunities for Compliance in Getting Cozier with Marketing

One of the most frequently visited topics in the compliance space is how to build, and defend, the case for compliance resources. It’s an agenda item or topic of focus in nearly every conference, webinar list, or resource...more

Corporate Investigations & White Collar Defense - October 2015

"Wherefore Art Thou Due Process?" Part III - Why it matters: It is time for another installment in our continuing "Wherefore Art Thou Due Process?" coverage into the ongoing constitutional challenges to the SEC's...more

Give Great Quotes, Really!

There is an expression, unique to the intersection of PR and journalism that roughly goes, “He (or she) gives great quotes.” This means that a source is able to provide a punchy, succinct and informative sound bite that works...more

Gavel to Gavel: Ambiguity poses risks

As a business owner, you’ve probably put together a team of skilled individuals to help effectively market your products and services by developing memorable and informative product labels, advertisements, and marketing...more

A Response to the CFPB’S Recent Compliance Bulletin on MSAs

On October 8, 2015, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a Compliance Bulletin on RESPA Compliance and Marketing Services Agreements (“MSAs”)(“Compliance Bulletin”).  The Compliance Bulletin’s...more

Virtual reality lets fans play games — just like the pros

The roar. The bright lights. The scoreboard telling you it’s now or never. This is your time. You gotta tune it all out. Because it’s not about the lights and it’s not about the scoreboard. It’s about you. And the ball. It’s...more

FCC issues supplementary information clarifying TCPA robocall rules

We previously reported that the Federal Communications Commission (FCC) released an Omnibus Order on July 10, 2015 regarding the rules and regulations implementing the Telephone Consumer Protection Act (TCPA), specifically...more

Online Endorsements and “Astroturfing”

Having warned consumers: “Don’t buy into fake online endorsements” last year, the Competition Bureau sent a strong message to the media and marketing industry against astroturfing yesterday.  The Bureau announced that it has...more

Employee consent to use of personal data reliable under German law

The German Federal Labor Court (Bundesarbeitsgericht (BAG)) has published the reasons for its two decisions about whether an employee can revoke consent given to his or her employer for public use of the employee’s image in...more

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