News & Analysis as of

Apple and The World’s Most Public Privacy Policy

It bears mentioning when one of the world’s most famous brands releases one of the world’s most prominent and readable privacy policies. That’s just what Apple did this week, and the message to other brands is clear – privacy...more

Rights of Publicity: A Potentially Catastrophic Pitfall for the Unwary Marketer as told by Jordan v. Dominick’s Finer Foods

Most marketing departments for large companies have at least a basic understanding, if not a proficient grasp, of the type of legal vetting that needs to be conducted before using an image in an ad or marketing piece. They...more

JDB 068: Stop Worrying About Google and Write!

I share office space with two other lawyers and we often have discussions/debates about the importance (or lack thereof) of employing marketing tactics such as buying backlinks, keyword stuffing, and other marginal SEO...more

One-Two Punch: CFPB Indirect Auto and Add-On Product Orders

The CFPB announced two new enforcement action settlements on September 28: one for alleged discriminatory auto loan pricing and the other for alleged deceptive credit card add-on product marketing practices....more

FTC Green Guides: FTC Sends Warning Letters Concerning Environmental Certification Seals

The Federal Trade Commission (FTC) announced in a September 14, 2015, press release, "FTC Sends Warning Letters about Green Certification Seals," that it sent warning letters to five providers of environmental certification...more

Partial repeal of the law prohibiting bisphenol A

On 17 September 2015, the French Constitutional Council (“Conseil Constitutionnel”) issued a decision partly repealing law no. 2010-729, dated 30 June 2010, as amended by law no. 2012-1442, dated 24 December 2012, prohibiting...more

SEC Charges Adviser and Distributor in Connection with Distribution Fee Sweep

On Monday, September 21, 2015, the Securities and Exchange Commission (SEC) charged a New York-based investment adviser and its affiliated distributor with misusing mutual funds’ assets to pay distribution and marketing...more

Cleaning Up Inconsistent NAP

The inconsistency of citations is one of the most prevalent problems when it comes to local SEO. People searching for attorneys in their area are often looking for contact information and when lawyers have inaccurate...more

Be Careful About What you Claim – Or Fail to Claim – FTC Sends Green Guides Warning Letters

Last week the Federal Trade Commission (FTC) sent warning letters to providers of environmental certification seals, and to businesses using those seals, alerting them to the Commission’s concerns that the seals “could be...more

FCC Cites Two Companies over Unauthorized Telemarketing Allegations

On September 11, the FCC issued citations against a Pennsylvania-based financial institution and a transportation network company (TNC), alleging that both companies engaged in unlawful business practices by infringing...more

Lyft and First National Bank notified of TCPA violations by FCC

Late last week, Lyft and First National Bank (FNB) were notified by the Federal Communications Commission (FCC) that they had violated the Telephone Consumer Protection Act (TCPA) when they required users to opt in to...more

“Green” Certifications and Seals Do Not Have FTC Approval

On September 14, FTC staff sent warning letters to five providers of environmental certification seals and 32 businesses that display them online, alerting them to the agency’s concerns that the seals may be deceptive and may...more

6 SEO Strategies for New Lawyer Websites

It can be especially challenging to get new attorney websites traction in search. Pages need to be indexed and a web presence needs to be built in order for a site to rank well. Although it takes time to get a site to rank...more

Three AGs Announce $1 Million Settlement with Internet Marketer

Attorneys General in New York, Pennsylvania, and Washington recently announced a settlement with an online marketing company over its “negative option” marketing plans. Internet Order LLC advertises an offer whereby consumers...more

Landmark Case for Abuse of Personal Data

In the September 9th landmark decision, the Hong Kong Magistrates' Court convicted Hong Kong Broadband Network ("HKBN") of a criminal offence for failing to comply with the direct marketing provisions of the Personal Data...more

What Does It Take to Trademark Your Name? - Tartell, M.D. v. South Florida Sinus and Allergy Center, Inc., et al.

Addressing the question of when a professional name can be protected as a trademark, the U.S. Court of Appeals for the Eleventh Circuit found that the plaintiff doctor’s name had not acquired that distinction. Tartell, M.D....more

Game Over: Popular Multi-Channel Network Settles FTC Complaint for Paid Endorsement Videos

September 8, 2015 On September 2, 2015, the Federal Trade Commission (FTC) announced its first settlement with an online video marketer over an alleged failure to disclose paid endorsements. The FTC settled with Machinima,...more

Rating Agency Developments

On August 27, 2015, Fitch updated its criteria for analyzing large loans in U.S. CMBS transactions. On August 28, 2015, Fitch updated its UK Whole Business Securitization rating criteria. On August 28, 2015, Fitch updated its...more

5 AdWords Hacks for Attorneys

Google AdWords is a complex animal. Even pros that know it very well can learn new things about it. The interface and features change on a regular basis so there are always bound to be some things you did not know about. ...more

What the Hell is This Ad Selling?

Today’s winner of the latest “What the Hell are They Selling???” award is THIS ad I found for “The Moses, Bertha & Albert H. Wolf Fund.” First, let’s discuss some things that make an advertisement effective. ...more

Stewart’s legacy: Finding a way to stand out

Jon Stewart will sign off from “The Daily Show” for the last time tomorrow. His 16-year rise to prominence — on what some still call a “fake news show” — provides some lessons worthy of more than a few “Moments of Zen” for...more

Made in America SB633 Enacted into Law

Today, California Governor Jerry Brown signed SB633 into legislation allowing manufacturers to carry the label “Made in America”, even if their products were not entirely made in the United States. This is similar to the...more

ESMA Publishes Advice on Extending the Marketing Passport Beyond Europe

ESMA has recommended that the AIFMD passport be extended beyond the countries within the European Union to Jersey, Guernsey, and Switzerland. On 30 July, the European Securities and Markets Authority (ESMA) sent its...more

Client – ‘I don’t believe in hammers.’

Do you know what product it’s marketing? Perhaps the name of the company? Of course you do, it’s Absolut vodka. How about this shape?  There’s no label on this one either. No real challenge, it’s obviously Nike....more

Delaware Enacts First Privacy Law with Focus on Children

The Delaware Online Privacy and Protection Act takes a broad approach to the collection and disclosure of personally identifiable information. Delaware Governor Jack Markell recently signed the Delaware Online Privacy...more

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