News & Analysis as of

Third-Party Marketing

BakerHostetler

DSIR Deeper Dive: A Big Year for VPPA Developments

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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

Katten Muchin Rosenman LLP

Influencers Say the Darndest Things: National Advertising Division Targets Third-Party Marketing in Recent Decisions - Kattison...

From world-famous celebrities to teens reviewing products on TikTok, influencers continue to shape consumer perceptions. Recent decisions from the National Advertising Division (NAD) have brought attention to the challenges...more

Kelley Drye & Warren LLP

NAD Decision Addresses Review Claims

Yesterday, we posted about a decision in which P&G challenged claims that Rascals made about the absorption capabilities of its diapers. Rascals also advertised: ​“210,000+ 5-star reviews of Rascals Products.” P&G thought...more

Venable LLP

National Advertising Division Targets Celebrity, Influencer, and Third-Party Marketing in Recent Decisions

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The National Advertising Division (NAD) recently issued a series of decisions addressing influencer and third-party marketing. The NAD is a self-regulatory body that assesses the truth and accuracy of claims made in national...more

Pierce Atwood LLP

Five Ways Social Media Can Land Your Company in Legal Hot Water

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Social media can be a powerful business tool to connect with customers, but improperly managing your social media platforms can lead to costly mistakes, PR nightmares, and even legal troubles. Whether you’re a small business...more

Good2bSocial

Top 6 Legal Marketing Trends That Defined 2024

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With 2024 coming to an end, it’s the perfect moment to look back at the legal marketing trends that defined the year. From the rapid adoption of AI to the continued dominance of video content, these trends not only defined...more

Proskauer - Health Care Law Brief

OIG Releases Special Fraud Alert About Suspect Payments in Marketing Arrangements Related to Medicare Advantage and Providers

On December 11, 2024, the Office of Inspector General for the U.S. Department of Health and Human Services (“OIG”) issued a special fraud alert warning about certain marketing schemes that involve questionable payments and...more

Holland & Knight LLP

Illinois Dental Practices Face New Third-Party Financing Guardrails in 2025

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In August, Illinois Gov. J.B. Pritzker signed into law HB 4891 that amends the Illinois Dental Practice Act to include significant guardrails for dental practices looking to offer third-party financing in dental offices in...more

Klein Moynihan Turco LLP

Open Enrollment Marketing – The Do’s and Don’ts

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With Medicare’s open enrollment period (October 15, 2024 – December 7, 2024) in full swing, now is a good time to discuss the many nuances of Medicare marketing that exist both during and outside of the open enrollment...more

Morrison & Foerster LLP - Social Media

Lawrence W. Gallick On Toth V. Everly Well, Inc.

On September 25, 2024, the U.S. Court of Appeals for the First Circuit issued its decision in Toth v. Everly Well, Inc. Socially Aware spoke to Lawrence Gallick (of counsel in Morrison Foerster’s Austin office) about the case...more

Klein Moynihan Turco LLP

CMS Marketing and Personal Beneficiary Information

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With Medicare’s open enrollment commencing on October 15, 2024, now is a good time to discuss the Centers for Medicare & Medicaid Services’ (“CMS”) marketing rule changes for the 2025 contract year. In addition to complying...more

Lowenstein Sandler LLP

SEC Settles Against Nine Investment Advisers for Marketing Rule Violations, Underscoring the Continued Priority of Marketing Rule...

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On September 9, the U.S. Securities and Exchange Commission (SEC) announced another series of settlements with registered investment advisers for violations of Rule 206(4)-1, as amended (Marketing Rule), under the Investment...more

Klein Moynihan Turco LLP

CIPA Email Private Right of Action Cases on the Rise

The surge in consumer privacy claims alleging that the use of third-party tracking technology on websites violates the California Invasion of Privacy Act (“CIPA”) is a topic with which our readers are very familiar. Now, the...more

Klein Moynihan Turco LLP

Medicare One-to-One Consent Rules Go Into Effect October 1!

Readers of this blog are aware of the fact that, beginning on October 1, 2024, the Medicare one-to-one consent rules will go into effect – requiring Third Party Marketing Organizations (“TPMOs”) who engage in Medicare-related...more

BCLP

Federal Court Rejects Motion to Dismiss Wiretap Claims Using HIPAA to Support Crime-Tort Exception Allegations

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It has now become commonplace for Plaintiffs’ attorneys to bring claims alleging that routine marketing techniques, including the deployment of behavioral advertising cookies and pixels, constitute wiretaps in violation of...more

Rivkin Radler LLP

NJ Biopharma Company Settles FCA/AKS Case for $5M+

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The U.S. Department of Justice announced on July 24 that Admera Health LLC, a New Jersey-based biopharmaceutical research and clinical laboratory testing company, agreed to pay $5,389,648 to resolve kickback allegations...more

Foley Hoag LLP - Cannabis and the Law

New York State Court Invalidates Certain Adult-Use Regulations Around Third Party Marketing Platforms

In a breathtaking decision filed yesterday in New York Supreme Court, the Honorable Kevin R. Bryant issued a decision and order that has struck down virtually all of New York’s adult-use cannabis industry regulations as...more

Venable LLP

Lead Generation: An Excerpt from the Advertising Law Tool Kit

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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

Lowenstein Sandler LLP

Meta v. Bright Data Ruling Has Important Implications for Webscraping Activities by Investment Advisers

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On January 23, 2024, Judge Edward M. Chen of the United States District Court for the Northern District of California ruled in META PLATFORMS, INC. v. BRIGHT DATA LTD. (Meta v. Bright Data), granting Bright Data’s motion for...more

Lerman Senter PLLC

FTC Proposes Updates to COPPA Rule

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The FTC is proposing significant changes to the Children’s Online Privacy Protection Act (COPPA) rule to place new restrictions on the use and disclosure of children’s personal information. The COPPA Rule requires websites...more

Vondran Legal

YouTube enables Remix on short videos, but is it wise to use 3rd party audio?

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As a YouTube creator myself (check out my popular legal information channel here), I have recently come to post "short" videos. These are videos under one minute, where I usually post them as a "teaser" and post a link to...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2023: INFORM ACT: What Brands Need to Know

In today’s digital world, online marketplaces have become hotspots for organized crime, particularly relating to the sale of stolen and counterfeit goods by third-party sellers. These fraudulent sales mislead consumers, cost...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2023

Thank you for reading the July 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we continue our three-part series that closely examines ways to lose trademark rights with a discussion of genericide. We...more

Paul Hastings LLP

New York Includes Geofencing Ban in Budget Bill

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The state of New York enacted a geofencing ban earlier this month, as part of its larger budget bill. The ban, which takes effect on July 2, is intended to protect individuals who enter healthcare facilities from being...more

BakerHostetler

With New Enforcement Action, FTC Warns Against Health Information Being Used for Advertising Purposes

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If the Federal Trade Commission’s (FTC) recent pursuits did not make clear the agency’s deep concerns about the use of health information for advertising purposes, a new enforcement action brought by the FTC against...more

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