News & Analysis as of

Marketing

What’s the story with the Construction Lawyers Society of America (CLSA)?

by Ross Fishman on

There's been quite a bit of conversation (and some confusion) regarding the CLSA. This is a new honorary international association of top construction lawyers. The invitations to leading lawyers across the US and around the...more

SEC Wants the Truth and Nothing but the Truth in Advertising

Tell the truth, the whole truth, and nothing but the truth: that’s the message to registered investment advisors from the Office of Compliance Inspections and Examinations (OCIE) in a recent risk alert about the SEC’s...more

#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements

In 2017, being a “social media influencer” can mean big bucks. Companies are increasingly eager to pay individuals with large social media followings substantial sums to promote products in the hopes of reaching millions of...more

Worried About Fake News? You Should Really Worry About Fake Drugs

While the concept of “fake news” continues to trigger Twitter followers and grab headlines, the trade in counterfeit drugs is a worldwide problem of significant scale. This article discusses the problem and talks about some...more

The “Other Girl” Meme Applied to Law Firms

by Adrian Dayton on

This really stupid stock photo went viral over the last couple weeks and became a meme. The basic concept is that a guy walking with his girlfriend stops to checkout a different girl that looks almost exactly the same as his...more

New Jersey Joins Wave of States Proposing New Rules for Drug Marketing and HCP Interactions

by Hogan Lovells on

Drug manufacturers are once again facing new state limits on marketing and interactions with healthcare providers. Manufacturers should review the new laws and regulations carefully, consider how they might engage with the...more

The CRM Marathon Cheerleaders

by Chris Fritsch on

CRM should be a team sport. Trying to go it alone in implementing a CRM is not only painful, it’s impossible. The Marketing team is critical for defining a CRM strategy and assisting in the planning, communication and...more

Influencing the Influencers: FTC Updates Its Endorsement Guide FAQs

On Sept. 7, 2017, the Federal Trade Commission (FTC) updated its answers to a series of frequently asked questions, in its “Endorsement Guides: What People Are Asking” (the “Updated FAQs”), about its “Guides Concerning the...more

Ethics and Advertising: A compilation of North Carolina rules and opinions

by Nexsen Pruet, PLLC on

This paper is a compilation of the North Carolina State Bar rules and opinions on ethics and advertising. As with all other areas governed by the North Carolina State Bar, rules change and additional opinions are...more

Food & Beverage Litigation Update | September 2017 #2

FDA Seeks Comment on Regulation Changes for "Meaningful Burden Reduction" - Implementing an executive order titled "Reducing Regulation and Controlling Regulatory Costs," the U.S. Food and Drug Administration (FDA) has...more

Dear Influencers: It’s the FTC, Again – FTC Issues 21 Follow-up Warning Letters

by Dorsey & Whitney LLP on

Back in the Spring, we posted about a set of 90 warning letters the FTC sent to influencers and brands about the disclosure of material connections on Instagram. While you may have spent your summer trying to unplug, the FTC...more

AD-ttorneys@law

by BakerHostetler on

Slick, well-produced fake talk shows promoted dubious products and undisclosed payment plans. The Federal Trade Commission and the Maine attorney general accused XXL Impressions, ad agency Synergixx, marketing company J2...more

Circuit Court Finds Putative Class Affidavits, Combined With Other Records, May Satisfy Ascertainability Requirement

by Carlton Fields on

Defendants BMW and Creditsmarts were parties to a marketing agreement through which BMW offered its direct automotive “up2drive” loans to borrowers at participating independent car dealers through Creditsmarts’ internet-based...more

Identifying and Addressing Environmental Issues in Petroleum Marketing Agreements (“Presentation”)

The Arkansas Oil Marketers Association Environmental Workshop was held on August 30th in Little Rock. I undertook a presentation titled: Identifying and Addressing Environmental Issues in Petroleum Marketing...more

Just Push the Button! Instagram’s Response to Influencers, Hashtags and Disclosures

by Patrick Law Group, LLC on

In April, the Federal Trade Commission (“FTC”), after reviewing Instagram posts by celebrities, athletes, and social media influencers, issued 90 letters reminding influencers and marketers about the FTC’s requirements that...more

Pinpointing cancer’s cause: a costly, complex, maddening challenge

What exactly causes cancer? That may be, recent news reports indicate: - a question that’s heading into the billion-dollar range for a Big Pharma firm; - a painful conundrum for a Major League Baseball...more

Helping Law Students Build a More-Successful Careers.

by Ross Fishman on

I had the best time last week, standing on stage in Tull Auditorium at my alma mater, Emory Law School and presenting an hour-long speech to the shiny new first-year law students at the 7th annual Bass Career Summit. I don’t...more

TCPA Connect - August 2017

Lacking List of Recipients, Sixth Circuit Denies Class Certification - Finding that the question of consent in a Telephone Consumer Protection Act (TCPA) class action requires an individualized inquiry and without a list...more

#FTCcrackdown: What Brands Need to Know about Using Influencers to Advertise their Products

by Foley & Lardner LLP on

Social media influencers have become one of the most effective channels for companies to reach and engage with their target market online. So far in 2017, marketers have spent over $1 billion to have influencers post...more

Day 19 of One Month to More Effective Continuous Improvement-Use of Social Media for Continuous Improvement

by Thomas Fox on

Compliance does not exist in a time-warp vacuum, with programs living in 1977 when the first major anti-corruption legislation, the Foreign Corrupt Practices Act was passed. The law has advanced since that time, as has...more

EMA released new procedural guide for Multinational Assessment Teams

by Hogan Lovells on

The European Medicines Agency (“EMA”) has released a procedural guideline for rapporteurs and coordinators participating in Multinational Assessment Teams (“MNAT”)....more

Make Blogging A Reality At Your Firm

by McManis Faulkner on

If your goal is to start a firm blog this year, I wish you great success. In my experience, blogging does not come naturally to law firms but it has value. It may take more than one mention of your project to get it off the...more

URGENT: Eclipse-related PR opportunity!

by Ross Fishman on

I recently wrote about how to get a feature story about your firm by connecting it to the Comey Hearings. Monday’s solar eclipse offers an even better opportunity to create a photo op that is practically guaranteed to...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - August 2017

by Hinshaw & Culbertson LLP on

Advising Clients Regarding Potentially Criminal Conduct – Assisting Clients in Connection with the Medical or Recreational Marijuana Industry - Rhode Island Ethics Advisory Panel Op. 2017-01 - Risk Management Issue: In...more

Privacy Perils: The Price of Consumer Loyalty

by Bass, Berry & Sims PLC on

People love a good discount, which is why almost 75% of adult Americans are signed up for at least one customer loyalty program. We love to rack up points with airlines for a seat upgrade, get a free Starbucks latte on our...more

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