Marketing

News & Analysis as of

Third-country AIFMs: ESMA says slow down

The Alternative Investment Fund Managers Directive (AIFMD) required ESMA to review, by July 2015, how the arrangements under AIFMD for marketing AIFs have worked, with an assessment of the National Private Placement Regimes...more

ESMA stalls on extending the AIFMD Marketing Passport to Non-European Managers

The European Securities and Markets Agency (ESMA) today published its advice on extending the application of the marketing 'passport' under the Alternative Investment Fund Managers Directive (AIFMD) to non-European managers....more

Still Smashing Trademark Rights?

Why does Smashburger continue down this road of smashing its trademark rights? Especially, despite our previous cautions...more

Social Media Week Part I – Using Social Media In Your Compliance Program

Welcome to Part I of Social Media Week. I recently did a webinar, hosted by The Network, on the use of social media in your Foreign Corrupt Practices Act (FCPA) compliance program. The response was as great as almost any...more

MarkIt to MarketTM - July 2015

The July issue of Sterne Kessler's MarkIt to MarketTM newsletter explains why two pronged protection is the best approach for product configuration, discusses the importance of coordination between legal and marketing...more

You’d Better Export Your LinkedIn Contacts Now

You might already know this, but you have the ability to export your LinkedIn contacts. Kind of. I mean, you used to. Well, you can for a while. Alright, not really. Well, you can, but you’d better hurry....more

Alert: The AIFMD for Non-EU Fund Managers: It's Not as Bad as You Think – Part II: Small fund managers marketing to professional...

Many non-EU alternative investment fund managers (AIFMs) raising non-EU alternative investment funds (AIFs) will accept a European investor on a "reverse solicitation" basis; but they won't "market" into Europe. This is...more

New FTC Guidelines for Promoting Products on Social Media

Social media can be used in a multitude of ways for savvy brands to promote their products. A popular approach is providing “celebrity bloggers” with free or discounted items in exchange for a picture, post, tweet or...more

Socially Aware - Volume 6, Issue 3 - July/August 2015

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more

CFPB Reaches $700 Million Settlement to Resolve Credit Card Ancillary Products Investigation

On July 21, the CFPB announced a nearly $700 million settlement against a leading financial institution and its subsidiaries. According to the consent order, the Bureau alleges that the entities engaged in deceptive...more

SEC Settles FCPA Charges Tied to Payments to Health Care Professionals

The SEC filed another settled action in which payments to health care professionals at state owned entities in China were alleged to be violations of the Foreign Corrupt Practices Act. Although the company furnished extensive...more

What Would Dr. Seuss Say about an Allowance?

Earlier this month we had the release of a second book by Harper Lee, “Go Set a Watchman”, which was miraculously discovered having been written some 50+ years ago. This week, there was another release from a (now deceased)...more

Why the Low-Tech T-shirt Still Reigns Supreme

In our digitally driven world where wearable technologies, smartphones and tablets are ubiquitous, where the “second screen experience” drives marketing and advertising decisions and curated Facebook, Twitter and Instagram...more

FDA Regulation of Hospital-Developed Technologies - Hospital Industry Viewpoint

As hospitals become increasingly technologically savvy, they are looking to do more and more with their electronic health record systems. What many hospitals do not realize is that some of the functionality they are seeking...more

Lawyers, Are You Paying Attention To Video?

Just when you thought it was going to fade into the sunset (okay, who really thought that?), video as a communication tool is continuing to come on strong as a viable, valuable marketing tool for lawyers, legal marketers and...more

Regulators Sue Four Michigan Hospitals for Agreeing to Restrict Marketing Activities

As most people know, agreements between competitors to fix prices or allocate or divide markets are clear violations of the antitrust laws and can result in serious penalties. In industries as diverse as foreign exchange...more

Olympic Athletes May Get Chance to Sport Sponsors

Taking office amid widespread criticism surrounding Russian anti-gay legislation and the Sochi Winter Games, International Olympic Committee President Thomas Bach began his leadership in 2013 with reform on his agenda. “It’s...more

Managing Reputation Risk Through Ethics & Compliance Processes

Reputational risk is quickly climbing the ethics and compliance priority list. Companies are devoting huge amounts of resources to building up their reputations, but very few protect it as a risk factor despite the...more

Cross Selling Sucks. Here Are 18 Reasons Why. (Part 2)

This is the second part of a two-part post describing why Cross Selling (or “cross-marketing,” or “cross-servicing”) is much more difficult than most professional-services firms believe. Below are additional reasons...more

Belgian FSMA Consultation On Marketing Materials For Financial Products Distributed To Non-Professional Clients – July 2015 Update

The Belgian FSMA has launched a consultation on the new rules on marketing materials for financial products distributed to retail clients, introduced by the Transversal Royal Decree....more

Debtor’s Founder Ordered to Turn Over Social Media Accounts to Reorganized Company

A recent bankruptcy court decision highlights the importance of Facebook pages, Twitter accounts, and similar social media assets in today’s business marketplace. It’s not always clear how these might be best protected, but...more

Six Tips for Generating Buzz Without Getting Stung

A good marketing department knows how to generate product “buzz” by leveraging external influencers and promotions. The challenge for the company is to avoid being stung by the FTC’s recently published Endorsement Guides (the...more

Lawyers, Are You A One-Client Pony?

Most of us have heard of a one-trick pony, right? The dictionary tell us it is: “A person or thing with only one special feature, talent, or area of expertise.” Over the years I have been working in...more

Pay Attention! Symbols Matter!

A couple different events occurred this past week which ought to serve as reminders of the importance of symbols and the need to protect brand perception when dealing with symbols....more

Rules Impacting Marketing, Packaging, and Labelling of Consumer Boosters Clear OMB Hurdle

Today, the Federal Communications Commission (FCC) announced in the Federal Register that July 7, 2015, is the effective date for new consumer booster marketing and labelling rules adopted in its September 2014...more

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