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Advertising News & Analysis - April 17, 2014

In this issue: - Ortiz/Obama Selfie Exposes Social Media's Blurred Lines - DMCA Takedown? Not Without a Registration - Let It Go: A Tale of Assets Unfrozen - Upcoming Events - Excerpt from...more

Infographic: The Use Of Images From The Web On Your Site, Newspaper Or Broadcast

We created this infographic for some of our media clients to give them a one-page cheat sheet on the analysis they need to do when trying to decide whether they can use an image from the internet in a pinch....more

Recent FDA Social Media Marketing Enforcement Actions and the Likely Impact of Social Media Promotion Guidance

In recent years, guidance by the U.S. Food and Drug Administration ("FDA" or "Agency") for industry on the use of social media has continued to evolve in incremental steps, but the pharmaceutical and medical device industries...more

ABA Journal - “Lawyer censured for buying keywords for other lawyers and law firms.”

I thoroughly disagree with this anti-competitive, anti-consumer censure. It’s bad precedent. I was the defense’s law firm marketing/social media expert witness in Habush vs. Cannon & Dunphy on this very issue...more

Top questions fashion brands should consider before conducting social media marketing

Facebook, Twitter, Pinterest, Instagram…the list of social media tools for the promotion of your fashion brand is ever increasing. While social media is an effective and immediate way to reach your customers, there are some...more

The FDA Gets Social: Interpreting Its Draft Social Media Guidance

The U.S. Food and Drug Administration (FDA) recently released draft guidance that paves the way for regulated companies to harness the power of social media. This draft guidance addresses how FDA-regulated manufacturers,...more

Meet the 2014 Brand Dream Team

Every brand needs a brand dream team. That team consists of not only people who help create, communicate, manage, direct, and protect the brand, but also the group of words, symbols, and slogans that serve as brand...more

Telemarketing? Try Tweeting

The FCC’s revised rules for telemarketers and text marketers, taking effect in October, could signal a big shift in how companies direct market, posits Julie O’Neill, a Morrison & Foerster attorney specializing in privacy...more

Dangers Of Social Media

As an advertising tactic, most companies utilize various social media platforms to foster connections with their target markets. It is certainly not unusual for a company to have its own Facebook or Twitter account. ...more

Pinning Down Pinterest: Addressing Copyright and Other IP Issues

Pinterest is a pinboard-style content-sharing website where users can post photos and other content, share images and comment on each other’s content. Its rapid success—it is reported to have more than 50 million users—has...more

Social Media Marketing: Caging the Un-Caged Tweeter

It is easy to forget that social media is really a form of advertising, and therefore, subject to federal and state laws and regulations, as well as industry guidelines. In contrast to traditional advertising, which involves...more

Legal concepts every social media marketer should know: Part IV - User Generated Content (Content Treasure Trove v. Legal...

Companies are looking for online interaction with customers, a solid presence on social media, and other dynamic ways to connect with potential consumers. Often, this means campaigns and their websites will rely on some form...more

Advertising Law -- Sep 26, 2013

Julia Child Foundation Whips Up Lawsuit Against Williams-Sonoma - Williams-Sonoma illegally used the name and likeness of the late Julia Child more than 100 times in advertising, marketing, and promotional materials...more

New Study on Social Media, Its Risks and Rewards

My partner, Melissa Krasnow, contributed to the new white paper on social media published by our friends at Grant Thornton. Melissa has established herself as a leading expert in the field of data privacy and I’ve previously...more

Savvy companies must designate a dedicated content strategy leader

Paying attention to content strategy within an organization is more important than most managers probably think. The fact is: The consumption of information through social and other “new” media is on the rise....more

Legal concepts every social media marketer should know: Part III -- Use of third-party images, graphics, and content

It’s often said that imitation is the sincerest form of flattery. But when it comes to running an online marketing campaign or social media site, imitating (or straight-up copying) other peoples’ content can be the quickest...more

Privacy on Facebook, Twitter, etc.

After the settlement approved by the US District Court of Northern California obliging Facebook to pay $20 million for putting users’ names and faces in “Sponsored Story” ads without their permission and without paying them,...more

Legal concepts every social media marketer should know: Part II -- Rules of the road for online advertising

As long as we have sold stuff, we’ve used images or stories to help sell them. As Calvin Coolidge of all people once said in one of his rare Don Draper moments - “Advertising ministers to the spiritual side of...more

Legal concepts every social media marketer should know: Part I -- Consumer privacy

There are three things a social media website operator or digital marketer probably hates to hear most before launching an online ad campaign: 1. Can you make this go viral?; 2. How many likes/tweets can you get?; and 3. Did...more

Is a Virtual Assistant Right for Your Law Firm?

“The best way for lawyers to leverage the work of a virtual assistant is in the area of marketing.” I see a disturbing number of lawyers who struggle with spending time and money on marketing their firm. Either they...more

A Legal Guide To The Use Of Social Media In The Workplace

In This Issue: - Introduction - Social Media And The Employment Relationship - Wage And Hour Considerations - Discrimination Laws - Protected Activity Laws - Applicant Screening...more

Forrester Research: B2B Marketers Need to Be Scientific about LinkedIn

It’s time to get scientific about LinkedIn. Many marketers, maybe you included, think that the LinkedIn platform hasn’t reached the point where it should be measured by the same standards as “traditional” marketing...more

Give people multiple ways to find your law firm's website

A report released by Forrester Research showing more people than ever are using social media to find websites has been garnering a lot of attention among marketers. For lovers of social networks, the data confirms what they...more

Investment Management Legal + Regulatory Update -- July 2013

In This Issue: Regulatory Updates - SEC Proposes Money Market Reform; SEC Eases Ban on General Solicitation and General Advertising in Certain Private Placements; SEC and CFTC Adopt Joint Rules to Address...more

Here’s a Problem Every Marketer Has Experienced. And a Proven Solution.

It’s a common situation in every marketing department. You have a great piece of content, you email it to all employees and ask them to share it on LinkedIn, and then…what happens next? Once it leaves your hands you’re pretty...more

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