News & Analysis as of

Marketing

Aligning a Product's Marketing, Regulatory and IP Plans

by Pepper Hamilton LLP on

Patent protection can be critical for health care products, including medical devices, prescription drugs, dietary supplements and software as a medical device (SaMD). Originally published in Law360 - September 8, 2017....more

Franchising – What Is It and Is It for You?

by Varnum LLP on

As an entrepreneur or person interested in starting a new business or growing an existing one, franchising might be an option for you to enter the market more quickly or grow more aggressively, and perhaps increase your...more

Disclosure Failures Result in New York AG Action

A credit card servicer and marketer will refund the initial $125 fee it charged to each of hundreds of New Yorkers as part of an agreement with the state’s attorney general....more

Deceptive Marketing Practices Cost Bank $5M

A state-chartered bank based in Missouri must pay $5 million pursuant to a Consent Order with the Board of Governors of the Federal Reserve System resulting from charges of deceptive marketing practices....more

Lawyers, Don’t You Dare Give Up On 2017!

by Nancy Myrland on

About this time of year, the articles encouraging you to begin thinking about your 2018 marketing and business development plan are plentiful. Similar to when the stores start decorating for the holidays in October, it...more

Google My Business for Law Firms Large and Small

by Knapp Marketing on

It’s time to work smarter, not harder, to build your law firm’s reputation. Let Google do the heavy lifting with Google My Business, a tool that harnesses your firm’s physical location in order to raise its...more

Social Links: Proposed legislation to outlaw “catfishing” & protect young Web users; blockchain technology’s impact on marketing

The government in Indonesia has warned the world’s biggest social media providers that they risk being banned in that country if they don’t block pornography and other content deemed obscene....more

Key Considerations in Maximizing a Celebrity Brand

A celebrity should maximize the value of their brand by strategically monetizing every aspect of it. For example, one who becomes famous through the recording industry would consider a career in front of and behind a...more

#MarketingLaw – Fake News, Auto-Renewal Subscription Plans, Influencers and the Latest from the FTC

by Dorsey & Whitney LLP on

We are back from the 2017 ANA/BAA Marketing Law Conference, Break Through: Legal Strategies for Dynamic Businesses. It was a great three days in Chicago of educational seminars and networking with colleagues, clients, friends...more

10 Marketing Law Takeaways From ANA/BAA 2017

We just got back from the Association of National Advertising (ANA) and Brand Activation Association (BAA) Marketing Law Conference in Chicago, held earlier this week. With hundreds in attendance, and dozens of speakers...more

The Value Of Quotes, Even Without Mention Of The Company Name

by Blattel Communications on

Let’s take a look at a not-uncommon scenario: you are connected with a reporter as an expert source for commentary and quoted in the resulting story. Great, right? Nope. While your name is mentioned, the company’s is...more

Ruling in the Asahi Beer Class Action

by McDermott Will & Emery on

Last month the US District Court for the Central District of California issued an order in the Shalikar v. Asahi Beer U.S.A., Inc. false advertising class action case. Like many similar cases, Shalikar alleges that the...more

Shouldn’t your firm start sharing with the 700 million Instagram users?

by Adrian Dayton on

If your firm is still resisting Instagram, I have a message for you: 2010 called and they want their social media strategy back. Instagram has experienced explosive growth since 2010, so why hasn’t your firm’s social media...more

Twitter’s Change Is Too Much, For Me

by Blattel Communications on

Twitter is setting us all free! We can finally tweet a full 280 characters! Life is great! Yeah, not so much. Twitter’s move to expand its character limit is a change that may make the service worse. (This is not to...more

WSGR Fintech Update - November 2017

Wilson Sonsini Goodrich & Rosati is pleased to present the November 2017 issue of the WSGR Fintech Update. This latest edition features an article discussing CFTC guidance on virtual currencies, as well as an article on a...more

Social Links: Potential cures for cyberbullying & other social media ills; cross-device tracking could imperil employers; should...

After British police unsuccessfully tried to get the blogging platform WordPress.com to remove offensive and threatening posts, the deputy leader of the UK’s Labour Party vowed to urge changes that would make the country’s...more

Fed issues consent order for bank’s alleged deceptive practices involving balance transfer credit cards

by Ballard Spahr LLP on

The Federal Reserve Board announced that it had issued a Consent Order against Mid America Bank and Trust Company (Bank) for alleged deceptive marketing practices in violation of section 5 of the FTC Act related to balance...more

EU Retail News - October 2017

by Bryan Cave on

One of the biggest threats to a retailer's reputation is an allegation of involvement in slavery, human trafficking, or child labour. Retailers are now expected to be more transparent than ever, with the Modern Slavery Act...more

FDA Warns Companies Marketing Unsubstantiated Marijuana-Derived Products That Claim to Treat or Cure Cancer

Earlier this week, the U.S. Food and Drug Administration (FDA or the Agency) issued Warning Letters to four companies – Greenroads Health, Natural Alchemist, That’s Natural! Marketing and Consulting, and Stanley Brothers...more

SEC Warns Celebrities on Endorsing Initial Coin Offerings

The SEC issued a warning to celebrities and others that endorse initial coin offerings and other investments. The SEC noted: Any celebrity or other individual who promotes a virtual token or coin that is a security must...more

Brands Beware: FTC Continues Campaign on Social Media Influencer Disclosures

With much fanfare, the Federal Trade Commission (FTC) continues to take actions relating to so-called “social media influencers” who allegedly fail to disclose material connections to the products or brands they endorse....more

“Happy Halloween!” from Your Romanian Law Firm

by Ross Fishman on

Speaking to 50 lawyers from 40 countries at the Legal Network International (LNI) conference last week, I suggested that law firms from smaller jurisdictions could build their brands and seek referrals by connecting...more

Bad For Your Health: Lawsuit Advertising Implications And Solutions

by Shook, Hardy & Bacon L.L.P. on

Shook, Hardy & Bacon Partner Cary Silverman has authored a report for the U.S. Chamber Institute for Legal Reform examining the effects of advertising soliciting plaintiffs for lawsuits targeting prescription drugs and...more

Food & Beverage Litigation Update | October 2017 #4

by Shook, Hardy & Bacon L.L.P. on

Furans in Baby Food May Pose Health Risk, EFSA Reports - The European Food Safety Authority (EFSA) has issued an assessment of the risks of furans and related compounds 2- and 3-methylfurans, concluding that they pose a...more

FTC: Even implied messages need explicit disclosures

by Thompson Coburn LLP on

On the Internet, it’s not just what you say, but also what you imply. Social media comments, video and image posts, and even tags and “likes,” can carry implied messages, which may create legal liability....more

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