News & Analysis as of

Advertising Law -- Dec 16, 2013

SPECIAL FOCUS: FTC Workshop on Native Advertising – The “Blurred Lines” Remain Fuzzy - The increased prevalence of online native advertising – commercial content designed with the look and feel of editorial comment –...more

Advertising News & Analysis - October 10, 2013

In this issue: - October 16 is Coming…Is Your Company Ready? - Are Disclaimers a Dying Breed? - It Just Got Easier to Do the Right Thing, in Maine at Least - No Matter Who’s Watching, Some Ads Just...more

Advertising Law -- Oct 10, 2013

Fourth Circuit "Likes" First Amendment Protection for Social Media Speech - A Facebook "like" is speech protected by the First Amendment, the Fourth U.S. Circuit Court of Appeals ruled, reversing a federal court...more

Are You Ready for the New Telephone and Text Marketing Rules?

Effective October 16, 2013, the rules governing telephone and text marketing will significantly change. Under prior Federal Communications Commission (FCC) regulations issued under the Telephone Consumer Protection Act (TCPA)...more

Reminder: October 16 Is the Effective Date for the FCC’s Written Consent Rule for Prerecorded Telemarketing Calls and Autodialed...

Companies that engage in telemarketing – either on their own or by contracting with a third-party telemarketing provider – should remember that new Federal Communications Commission (FCC) telemarketing rules go into effect...more

The Third Circuit Issues a “Double-Edged” Decision that Could Increase Individual Lawsuits under the Telephone Consumer Protection...

With the increased use of text messaging and smartphones, many companies have utilized automated texts and “robocalls” as marketing vehicles. This, in turn, has spawned considerable and costly class action litigation under...more

Advertising Law - Aug 01, 2013

DNT Standard Remains Elusive - The struggle to set a standard for a Do Not Track program continues. Two years into the process, the Tracking Protection Working Group of the World Wide Web Consortium has failed...more

SEC Lifts Ban On General Solicitation For Certain Private Offerings

On July 10, 2013, the SEC adopted a final rule lifting the ban on general solicitation and advertising for certain private offerings of securities. The SEC also proposed a new rule that would require issuers of securities in...more

SEC Adopts Rules Lifting Ban On General Solicitation In Private Placement Offerings

The following information concerning new rule amendments just approved yesterday by the Securities and Exchange Commission (SEC) allows companies to engage in general solicitation of investors in private placement offerings....more

SEC Acts To Eliminate Prohibition on General Solicitation and Expand 'Bad Actor' Disqualifications

The Securities and Exchange Commission (SEC) took long-awaited action on July 10, 2013, to finalize and adopt new rules that eliminate the current prohibition against general solicitation and advertising in certain Rule 506...more

SEC Adopts Significant Amendments to Private Placement Rules

SEC Approves Final Rules to Remove the Ban on General Solicitation and Advertising for Certain Private Placements and to Disqualify Bad Actors from Private Placements Under Rule 506 and Proposes Other Related Rule Amendments...more

SEC Adopts Rules Allowing General Solicitation in Rule 506 Offerings to Accredited Investors

On July 10, 2013 the SEC adopted amendments to Rule 506 of Regulation D and Rule 144A under the Securities Act of 1933 to implement a portion of the JOBS Act....more

SEC Lifts Ban on General Solicitation in Private Placements

The Securities and Exchange Commission today published final rules eliminating the prohibition against general solicitation and general advertising in certain securities offerings, as mandated by Section 201(a) of the JOBS...more

Advertising Law -- May 31, 2013

A Friendly Reminder from the FTC: You May Be in Trouble - Continuing the countdown to the effective date of the amended Children’s Online Privacy Protection Act Rule, the Federal Trade Commission sent “educational...more

Advertising News & Analysis - January 31, 2013

In this issue: - FTC Robocall Challenge Draws Almost 750 Submissions - Advertising Substantiation Standards: A Brave New World - Robocall, DNC Violations May Annoy FTC Even More Than the Average Consumer -...more

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