News & Analysis as of

Digital Media Advertising

Jones Day

INFORMATIVE: Acting Director Rescinds Institution Where Claims Held Invalid in District Court Case

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On August 22, 2024, Hulu, LLC (“Hulu”) filed two separate petitions for inter partes review (“IPR”) of U.S. Patent No. 11,463,768 (“the ’768 Patent”), assigned to Piranha Media Distribution, LLC (“Piranha”). The ’768 Patent...more

Good2bSocial

Ad Fatigue in Legal Marketing: How to Refresh Your Campaigns for Maximum Impact

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As a legal marketer, you’ve probably seen a dip in performance from your digital ads over time. Maybe your click-through rates (CTR) have dropped, conversions are lower, or your ad costs are creeping up. These are clear signs...more

Good2bSocial

Google Demand Gen Campaign Updates: What Legal Marketers Need to Know

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Google is introducing significant updates to its Demand Gen campaigns, enhancing targeting capabilities, creative flexibility, and reporting insights. These changes provide legal marketers with new tools to optimize ad...more

Wilson Sonsini Goodrich & Rosati

AB 2426: California's New Law Strengthens Protections Against False or Misleading Advertisement Claims Regarding Digital Goods

California recently passed AB 2426, a new law amending California’s existing false advertising laws to target various false or misleading digital advertising claims. Initially introduced in February 2024, the bill quickly...more

Jones Day

Petitioner Mistakenly Ignores Not-So-Optional Claim Limitation

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The PTAB recently excluded a portion of Duration Media LLC’s (Petitioner) reply declaration for containing improper new evidence in an inter partes review petition filed against Rich Media Club LLC (Patent Owner) challenging...more

Morgan Lewis

California Becomes First State to Pass Law Targeting Advertising of Digital Media Licenses

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California recently passed a new law that will require companies to change the way they advertise and sell licenses to access digital goods. Effective January 1, 2025, the law will require companies to disclose to consumers...more

BakerHostetler

[Podcast] They Thought it Wouldn’t Last – A One Year AD Nauseam Anniversary

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On today’s episode of AD Nauseam, Amy and Daniel talk about the one year anniversary of their podcast and some notable changes in that time....more

BakerHostetler

Media Insights for In-House Counsel: Retail Media Networks

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As consumer habits evolve, new media channels emerge. Before the internet, brand media budgets were split between traditional media like print newspapers and magazines, radio, television, and out-of-home billboards....more

Faegre Drinker Biddle & Reath LLP

New Frontier: Ten Tips for Navigating Brand Protection in the Metaverse

Advances in technology have taken the world by storm in recent years and brand owners must adapt to new forms of expression and brand awareness. Enter the metaverse: an online virtual world where users can interact with each...more

BakerHostetler

Cookies, Pixels, Tags, Scripts, SDKs: What Are They Really, and What’s All the Fuss About?

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If you are participating in the digital advertising ecosystem, you likely are hearing a lot about pixels, tags, scripts and SDKs lately. But the terminology can be confusing, and terms are not always used consistently, making...more

Venable LLP

Maryland Tax Updates - January 2024

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Tax Court Modifies Rushmore Method for Hotel Valuation. The Maryland Tax Court recently modified the traditional Rushmore income approach used to determine the fair market value (FMV) of the real estate component of a hotel....more

BakerHostetler

Takeaways from a Panel with the FTC and NAD

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In addition to legal analysis, legislative developments, and some general whimsy, in this blog we highlight commentary from regulators and industry figures in the advertising law space. We had the opportunity to hear from...more

BakerHostetler

No Silver Bullet: The FTC’s Staff Report on Kids’ Digital Marketing Workshop

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When the FTC announced it was doing a workshop focused on children’s digital marketing that would be followed by a Staff Report, I was as giddy as a kid on Halloween. But now I feel like I got more tricked than treated,...more

Omnizant

OTT: Is It Time to Leverage This Form of Advertising?

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A new survey reveals that two-thirds of marketers plan to spend even more money on OTT (over the top) advertising in the future. OTT for attorneys can be highly effective, but many of the attorneys we work with do not have a...more

Smart & Biggar

Hehe, not Hehe: Meme marketing & advertising law in Canada

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If a picture is worth a thousand words, that makes a meme worth about 50 tweets. It’s therefore no surprise that so many companies are interested in leveraging memes in marketing. But as with all advertising, certain rules...more

Goodwin

Agency Actions Show Shared Focus On Digital Ad Tactics

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Coordinated actions taken by federal regulators and enforcement agencies over the last year have demonstrated a new focus on assailing two distinct practices in digital advertising: the use of algorithms for targeting...more

Venable LLP

FTC to Digital Media Advertisers: It’s Time to Protect Kids

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At a Federal Trade Commission (FTC) event last week, Chair Lina Khan said children are more susceptible than adults to deceptive or harmful practices, especially those that blur the line between advertising and entertainment....more

Wiley Rein LLP

FTC Hosts Event to Examine Children’s Advertising in Digital Media

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Our broadcast clients are already well aware of their obligations to air children’s programming in accordance with the FCC’s rules, including the rule prohibiting “host selling.”...more

Jenner & Block

CFPB Warns Digital Marketers, Loops In State AGs

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In a recent interpretive rule announced on August 10, 2022,—and unveiled at a summit of the National Association of Attorneys General—the CFPB stated that digital marketers are subject to the CFPB’s jurisdiction, and...more

Smart & Biggar

[Ongoing Program] Digital Marketing & Advertising: The Legal Side of AI, NFTs, Virtual Influencers and Dark Patterns - October...

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The world of digital marketing & advertising is fast-paced and always evolving to adopt the latest technology and capitalize on pop culture trends and new media channels. Join us to learn about the legal aspects of these...more

BakerHostetler

3 Things to Address in Digital Media Agreements

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​​​​​​​The ad creative has been produced and approved. The media plan has been crafted. Now it’s time to execute on the plan, and that involves buying the media - i.e., purchasing ad space to place your ads on different media...more

BakerHostetler

What Even Is Ad Tech?

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“What is ad tech?” That is a question I’ve been asked and have answered numerous times. ...more

International Lawyers Network

How the New 2022 SAG-AFTRA Commercials Contract Affects Performers and Advertisers

A new collective bargaining agreement governing the use of SAG-AFTRA (the Union) performers in commercials has been reached between the Union and the Joint Policy Committee (JPC). The new 2022 SAG-AFTRA Commercials...more

BakerHostetler

A Legal Practitioner’s Guide to NFTs, Digital Advertising and Media

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In 2021, non-fungible tokens (NFTs) generated overall sales of close to $25 billion and became one of the year’s most defining cultural phenomena. This trend has continued with NFT sales topping $2 billion in the first...more

Hogan Lovells

French media and broadcasting reform: Your roadmap through dense legislative and statutory activity

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For the last 18 months, the French Parliament and Government have been working towards adopting a global reform in relation to the media and broadcasting industry. To guide you through the new legislative / statutory...more

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