News & Analysis as of

Marketing

You’re in Better Hands Than You Think: Insurance Law May Provide Coverage for Defense of Advertising Claims

by K&L Gates LLP on

It is no secret that advertising litigation involving FDA-regulated products has been on the uptick in recent years. What is less known is that there have been significant developments in case law that may help advertisers...more

SEC Staff Issues Risk Alert on the Six Most Frequent Fee and Expense Compliance Issues

by Proskauer Rose LLP on

On April 12, 2018, the SEC's Office of Compliance Inspections and Examinations ("OCIE") issued a risk alert listing the most common compliance issues concerning fees and expenses charged by SEC-registered investment advisers....more

“Weight Loss” vs. “Weight Management”: Vitamin Shoppe Sidesteps False Advertising Suit

by Reed Smith on

Putative class representative Andrea Nathan renewed her efforts to hold Vitamin Shoppe, Inc. liable under California’s Unfair Competition Law, False Advertising Law, Consumer Legal Remedies Act, and breaches of express and...more

Social Links: Revenge porn victim awarded $6.4M; the discoverability of photos posted to Facebook; can users be blocked from...

Based on copyright infringement, emotional distress and other claims, a federal district court in California awarded $6.4 million to a victim of revenge porn, the posting of explicit material without the subject’s consent....more

Green Guide Annual Review: Environmental False Advertising in 2017/2018

Earth Day is coming up on April 22, and you may be looking to capture some environmentally-minded consumers with nifty green-themed advertising campaigns. But before you do, remember that the Federal Trade Commission (“FTC”)...more

FTC Slams Anti-Aging Supplement Seller for False Advertising

by Reed Smith on

The Federal Trade Commission (“FTC”) recently reached an agreement with New York-based Telomerase Activation Sciences, Inc. and its CEO Noel Patton (collectively, “TA Sciences”), barring TA Sciences from making false or...more

Privacy Tip #134 – Question: How are Online Quizzes Beneficial to Me?

Many readers know that it would be a cold day in H-E-Double Hockey Sticks (Go Bruins!) that I have in the past or ever in the future will take an online quiz. Why on earth would anyone do that? ...more

A District Attorney May Employ Outside Counsel on a Contingent Fee Basis - Ninth Circuit Opinion in Unfair Competition Suit...

by Best Best & Krieger LLP on

The District Attorney of Trinity County filed a civil action under California’s Unfair Competition Law, alleging deceptive marketing and sales practices. The action sought an injunction, restitution, attorney fees and civil...more

A Few Highlights from FUSE 2018 in NYC

Every time I leave the annual FUSE conference (2013, 2014, 2015, 2016, 2017) — appropriately dubbed The Event for Design & Brand Strategists, I return home infused with extra creative energy, and this year in New York City...more

Blizzard Causes Storm of Lawsuits

In a battle over the term "Blizzard," Dairy Queen and W.B. Mason have filed competing lawsuits seeking control of the mark....more

Fuse – Next Big Design

I just got back from my yearly trip to hang out with creative people and learn about branding and design at FUSE. This year we traveled to the brand capital New York City....more

House of Lords issues report on digital advertising market

by Hogan Lovells on

Yesterday the House of Lords published a report into the UK’s digital advertising market. It includes: a call for a CMA study into whether the market is working fairly for businesses and consumers; proposals for enhancing...more

#LMA18 GC Panel: Lawyers, Slow Down & Stick Around – Lesson #1

by Nancy Myrland on

As always, the general counsel panel at the Legal Marketing Association Annual Conference is one of the most popular. Because of that, it holds a spot as a general session so everyone can attend. This year, the session is...more

AD-ttorneys@law

by BakerHostetler on

In This Issue: - Affiliate Links on Social Media - Class Action Says Baby Bump Isn’t Showing (Disclosures) - DOJ to Fraudsters: Get Off Our Lawn! - Pokémon Go Producers Attacked by Strange Plaintiff-Beasts - It’s Not...more

Effective eMarketing – Processes & Procedures for Efficient Email Campaigns

by Chris Fritsch on

Why is it so hard for Marketing to get an email communication out the door in a timely manner? In working together with hundreds of law and other professional services firms over the last 10 years, this is one of the most...more

How to Develop a Client-Centric Approach to Business Development at Your Law Firm

by JD Supra Perspectives on

Clients come to law firms because they need help finding and implementing solutions – each law firm employee is in essence a legal solution provider and a problem solver. And in a crowded and often unpredictable business...more

Retailers Should Ensure Compliance With CAN-SPAM Act and State Laws

by Bryan Cave on

Email is an important marketing took for many retailers, who need to be aware of the legal requirements regarding sending email to customers and potential customers. Since its enactment in 2003, the Controlling the Assault...more

Advertise To Other Professionals Or The Public?

by Stange Law Firm, PC on

When lawyers and law firms decide that they are going to advertise, many struggle with whom to target their advertising efforts? Do they target their advertising to other professionals? In other words, do they advertise to...more

Retirement Plan Advisors Advantage - April 2018

by Ary Rosenbaum on

The Road and Roadblock To Dynamic Plan Provider Marketing. What to do and what to avoid. When I was in college, I didn't take any classes in marketing. In law school, the last thing they'll teach any law student is...more

Fair Enough: The “Fair Use” Defense to Trademark Infringement

by Jaburg Wilk on

In the context of trademarks, “fair use” is the term given to the use of someone else’s trademark in a way that will not subject the user to liability for infringing the owner’s rights. Fair use is a defense to a claim of...more

Start-up Email Marketing: you need to understand CAN-SPAM (and, no, it’s not a food)

by Bryan Cave on

Email is ubiquitous in modern life with billions of emails – wanted and unwanted – sent each day. Since its enactment in 2003, the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act has...more

Dietary Supplement & Cosmetics Legal Bulletin | April 2018

Senate Committee Proposes Cosmetics Regulation Amendment - The Senate Committee on Health has released a discussion draft of a proposed amendment to the Federal Food, Drug and Cosmetic Act (FDCA) that would establish...more

To Text or Not to Text? That Is the Question

Let’s face it: The residential phone line is on the verge of suffering the same fate as the 8-track tape. Anyone who doesn’t know what an 8-track tape is most assuredly uses a cell phone—and only a cell phone—to communicate....more

OIG Advisory Opinion 18-01: Excluded Individual May Serve as Marketing Liaison to LTC Pharmacies

by Baker Ober Health Law on

In OIG Advisory Opinion 18-01, published February 27, 2018, the OIG concluded a proposed employment arrangement between an excluded individual and a for-profit company selling discounted emergency medications to long term...more

How To Maximize Your #LMA18 Annual Conference Experience

by Nancy Myrland on

From left: Alycia Sutor, Jim Durham, Mark Greene, Adam Stock [I love these people] At #SMMW18 with Jen Lehner This year, I spent some time with my mostly online (now offline, too) friend, Jen Lehner, of Jen Lehner Media, LLC....more

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