News & Analysis as of

FCA warns firms on use of social media to promote financial products

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

FDA issues social media guidance

Earlier this month, the FDA released proposed two-part Guidance on Internet and social media intended to assist prescription drugs and medical device manufacturers to accurately communicate online about their products. The...more

FDA Issues Draft Guidance for Drug and Device Information on Social Media

On June 17, 2014, the FDA issued two draft guidance documents relating to the use of social media and the Internet to promote prescription drugs and medical devices. The FDA described how a company should use a character...more

Drugs and the Internet: FDA Distributes New Draft Guidance Regarding Social Media Platforms and Prescription Drugs

Last week the Food and Drug Administration (FDA) promulgated two much-anticipated draft guidance documents on using social media to present information about prescription drugs and medical devices. The draft guidance...more

FDA Releases Long-Awaited Guidances on Character Limitations and Misinformation on Internet/Social Media

In two separate guidances, the Food and Drug Administration (FDA) advises prescription drug and device manufacturers on its "current thinking" on advertising through space-constrained social media (e.g., Twitter) and on the...more

Top 10 Privacy Considerations for Digital Marketing Campaigns

In today’s competitive marketplace, companies are relying heavily on innovative and edgy digital marketing campaigns to promote their products and services that often include the submission of usergenerated content, viral...more

The Roundup: This Week’s Recommended Reading

Welcome to The Roundup for the week ending May 23. We have lots of thought-provoking pieces to share. Taking the July Bar Exam? Congratulations to those of you graduating law school this semester! If you’re taking...more

Social Media - Love it or leave it?

Social media, love it or leave it? Social media has become an indispensable part of business. There is no question that social media is an effective marketing tool. Statistics show that 14% of consumers do not trust...more

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

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

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