DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools
Business Associates Here, There, and Everywhere: When Does Your Service Provider Really Need to Sign a HIPAA Business Associate Agreement?
In House Counsel: How To Measure the Effectiveness of Your Staffing Strategy
Sitting with the C-Suite: Identifying Opportunities to Leverage Human Capital
The CCPA for the Land Title Industry: Service Providers and Sale of Data Under the CCPA
Podcast - Risk Management: Troubleshooting & Problem Solving
Cybersecurity in the investment management industry
FCPA Compliance and Ethics Report-Episode 157-Training of Third Parties Under the FCPA
Special Report: The Hot-ish Swag at LegalTech New York 2015
The past year has brought a number of federal appellate rulings under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, one of the statutes under which plaintiffs have been filing numerous claims in recent years...more
Strategic sales teams know that speed and consistency aren’t just nice to have – they are essential. But when creative resources are stretched thin or siloed in marketing, sales enablement efforts can stall. The result?...more
It is challenging for businesses to maintain their competitive marketing edge while simultaneously reacting to ever-changing regulations on consumer data collection, usage, and sharing....more
The Federal Trade Commission (FTC) has been actively flexing its authority as a privacy regulator in recent months. The agency has been especially focused on identifying data practices it views to be “unfair”, thereby...more
On April 4, the Centers for Medicare & Medicaid Services (CMS) issued the Contract Year (CY) 2025 Medicare Advantage (MA) Final Rule (Final Rule), which will have significant implications for MA plans and other industry...more
In the evolving world of lead generation and performance-based customer acquisition, the quest for profits can lead to big legal risks, some of them too large for advertisers that buy leads through third parties. Advertisers...more
On November 22, 2023, the Federal Communications Commission (FCC) issued a proposed rule that will completely upend the landscape of lead generation and digital marketing for consumer retailers and sellers. The proposed rule...more
Fall is here! Along with the new season, I look forward to the leaves changing, sweater weather, and budget season for your law firm! Maybe it’s overwhelming, but it’s also a little exciting to think about what you can...more
On June 8, a bipartisan coalition of 28 attorneys general issued a letter, supporting the Federal Communications Commission’s (FCC) proposal to close a “loophole” that currently allows lead generators to collect and sell...more
Whether you provide law firms with technology, software, or a service, you need to be able to sell value to a law firm in order to turn them into a client. Law firms are bombarded with offers every day to try new products and...more
On August 10, the CFPB issued an interpretive rule stating that digital marketing providers that are involved in the identification or selection of prospective customers or the selection or placement of content to affect...more
On April 29, the CFPB filed a proposed order in federal court seeking final judgment against three California-based defendants for engaging in unlawful fee-charging practices and deceptive telemarketing. According to the...more
The use of consumer reviews as a marketing strategy has grown exponentially in recent years, and brands have become increasingly reliant on consumer reviews as a marketing strategy to drive consumer purchase behavior. In...more
Many businesses, including retailers, rely on inbound lead generators to identify prospective customers for telephone or text-based direct marketing campaigns. Sourcing inbound leads from a variety of providers allows firms...more
The Interactive Advertising Bureau (“IAB”) is a trade association comprised of companies that participate in digital marketing; its members include both media companies and advertising technology companies. In October of...more
Defendants BMW and Creditsmarts were parties to a marketing agreement through which BMW offered its direct automotive “up2drive” loans to borrowers at participating independent car dealers through Creditsmarts’ internet-based...more
Willful blindness when it comes to the Telephone Consumer Protection Act (TCPA) could cost companies millions in statutory damages and penalties. Dish Network has been ordered in two cases to pay a total of $341 million based...more
The innovative marketing and brand experiences offered by the online technology of third party providers (TPPs) can be an effective way for wineries and wine retailers to connect their product with their customers, expand...more
I’ve always been vocal about the need for a service provider to have good marketing if they really want to get ahead in the retirement plan business. While marketing is a great tool, what good marketing won’t do is hide poor...more
Website providers that collect dynamic Internet Protocol addresses (“IP address”) from website visitors may soon be subject to even more scrutiny from data protection authorities in the EU. Last week, Europe’s Advocate...more
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