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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
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
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
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
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
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 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
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
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
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 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
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
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
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 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
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
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
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
Mylan filed a complaint on April 25, 2014, challenging a letter decision by the FDA, addressing the marketing exclusivity eligibility of celecoxib Abbreviated New Drug Application applicants. Mylan then filed a motion for...more
Consumers frequently reveal personal information about themselves through a variety of daily online and offline activities. For fashion designers and retailers, this consumer information represents a valuable tool to...more
The first draft guidance discusses how drug and medical device companies may promote their products using character space limited social media (e.g., Twitter) and Internet advertisements (e.g., Google search engine...more
The “Disrupting the Press Release” survey and report announcement has created quite the buzz within the PR community. We’re happy to have started a much needed dialogue on a fundamental tool that’s used by our profession to...more
As technology continues to evolve, so do the ways in which patients and healthcare providers obtain information pertaining to medical products regulated by the Food and Drug Administration (FDA). Thomas Abrams, Director of...more
In recent months, the Food and Drug Administration’s (FDA’s) Center for Devices and Radiological Health (CDRH) has issued draft and final guidance documents at a relatively fast pace. To assist interested parties, we have...more
Data protection issues for Google in Italy are not over. The Italian Data Protection Authority (DPA) has now challenged their privacy information notice requiring – among others – an express consent from users to their...more
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