Marketing

News & Analysis as of

State Regulators Eye Complex Products Marketing

Joseph P. Borg, Director of the Alabama Securities Commission, and James R. Mumford, First Deputy Insurance Commissioner in Iowa, raised state securities and insurance regulatory concerns at this summer’s Insured Retirement...more

Ninth Circuit Rules Marketing Consultant Can Be Held Vicariously Liable for Text Messages under TCPA

In a ruling issued late last week, the Ninth Circuit held that a marketing consultant that hired a firm to send text messages for a third party could also be held vicariously liable for violations of the Telephone Consumer...more

Your FCPA good housekeeping: safeguards, procedures and the spouse eye-roll test

FCPA awareness and enforcement has exploded since 2002, but one thing remains the same: the most vexing part of the statute for companies, in terms of day-to-day compliance, is the part covering gifts, meals, entertainment...more

Drones and Commercial Real Estate - The Wait Continues

The Federal Aviation Administration (FAA) has been playing catch-up with the developers and manufacturers of "drones," a term those in the media have grown fond of using, or unmanned aircraft systems (UAS)/unmanned aerial...more

The Power of Smell: Scent Marketing Meets the Future of Gaming and Internet Surfing

Scent marketing is as old as a real estate agent baking cookies in a house for sale and as new as Oscar Mayer’s “bacon” alarm clock. Harnessing the primal power of smell represents a new frontier of subliminal...more

Affiliate Marketer Can Survive Motion to Dismiss on Breach of Contract for Referrals

Affiliate marketers are a considerable cog in assisting companies, including search engines and online retailers, in guiding potential customers to click on sponsored links. In expediting the acquisition of potential...more

Why Worry About a Little Skimmer?

Merchants—rightfully so—are worried about securing their payment card environments so that their name does not appear in a headline discussing how millions of cards were stolen from them. Faced with the challenge of...more

Iowa Issues Bulletin on Index Annuity Marketing Materials

On September 15, Iowa Insurance Commissioner Nick Gerhart issued Bulletin 14-02 regarding Insurance Marketing Organizations (IMOs). Bulletin 14-02 sets forth Iowa Insurance Division (IID) concerns with the following index...more

Proper Trademark Selection to Create a Strong Brand

What a Trademark is and What it Does. A trademark is any word, name, symbol, or device, or combination thereof, used to identify and distinguish the goods (i.e., products) of one supplier from those of others. A...more

Social Selling Applications Go Corporate

When social networking applications started out over ten years ago, they were for individuals to communicate about their personal life. Individuals created networks of friends/connections/followers and shared posts about...more

The Absolute Best “Super Lawyer” Ad Design

A few years ago, Balch & Bingham had many of its attorneys selected for a particular “Best Lawyers”-type local publication, and the firm had bought an ad to support them. But the firm’s terrific Marketing Director Nora...more

Mobile Retail Consumers – Text Me, Maybe?

As much as we all love clipping coupons from circulars (yes, they still do exist), searching through our emails for retail promotions, and, perusing websites, such as Gilt Groupe, for bargains, a new marketing trend is upon...more

Should we offer our lawyers marketing training?

Most marketers and marketing committee members routinely attend high-quality marketing programs. It’s so much a part of the job description that it can be hard to remember that most lawyers rarely get any sort of...more

I’ve never seen business cards distributed like THIS before.

I was walking through a large public parking lot recently when I passed by this car with a magnetic sign on the door selling Pre-Paid Legal Services. Mildly interesting from a marketing perspective, it was a nice...more

FCC Letter Brief Suggests That Faxes and Phone Calls are Different for Purposes of Direct Liability Under the TCPA

At the invitation of the Eleventh Circuit Court of Appeals, the FCC recently filed a letter brief in Palm Beach Golf Center-Boca, Inc. v. Sarris, No. 13-14013 (11th Cir.). The letter brief took the position that defendants...more

Abe Lincoln’s 25-cent marketing speech

We’ve all seen the 1858-59 print advertisement where Abe Lincoln announced the formation of his new law firm, Lincoln & Herndon in Springfield, Illinois. But did you know that Abe Lincoln also gave marketing and...more

Spin Sucks-Communications Tips for the Compliance Professional

One of my favorite social media acquaintances is Gini Dietrich, the founder and Chief Executive Officer (CEO) of Arment Dietrich Inc. Not only does she bring one of the freshest voices to what might arguably be called ‘one of...more

Bundled Discounts Subject to Section 1/Clayton 3 Scrutiny In the Absence of Market Power and Substantial Foreclosure?

Bundled discount programs have received significant antitrust scrutiny over the past decade, even though these marketing programs may benefit both consumers and competition. Typically, bundled discounts have been evaluated as...more

CFPB Pressures Banks To Disclose Campus Marketing Agreements

On August 6, the CFPB’s Student Loan Ombudsman, Rohit Chopra, published a blog post addressing the financial arrangements between financial institutions and institutions of higher education that market financial products to...more

OIG Approves Manufacturer’s Direct-to-Patient Discount Sales Program

The Office of Inspector General (“OIG”) recently posted an Advisory Opinion approving a pharmaceutical manufacturer’s direct-to-patient product sales program. While this Advisory Opinion cannot be relied upon by anyone other...more

Ninth Circuit Holds State AG Credit Card Add-On Suits Belong In State Court

On August 1, the U.S. Court of Appeals for the Ninth Circuit held that neither the federal question statute nor the Class Action Fairness Act provide a federal district court with subject matter jurisdiction over the Hawaii...more

The Empire State Strikes Back: New York Proposes Rules for Virtual Currency

The New York State Department of Financial Services (the “Department”) recently published its proposed rules and regulations (the “Proposed Rules”) for vendors conducting business involving virtual currency. The Proposed...more

FCA warns firms on use of social media to promote financial products

The UK financial services regulator, the Financial Conduct Authority (FCA), has launched a guidance consultation in order to clarify and confirm its approach to the supervision of financial promotions in social media,...more

FCC Seeks Comment on Petitions Concerning the FCC’s Rule on Opt-Out Notices for Fax Advertisements

On July 25, 2014, the FCC issued a Public Notice seeking comment on five petitions, filed by American Caresource Holdings, Inc. (“ACH”), CARFAX, Inc.(“CARFAX”), UnitedHealth Group, Inc. (“UnitedHealth”), MedLearning, Inc. and...more

State Attorneys General Bringing Actions Under Dodd-Frank

As the CFPB celebrates its three-year anniversary, the current trend appears to be lawsuits brought by state attorneys general or state regulators pursuant to their authority under Dodd-Frank Section 1042. Under Section 1042,...more

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