Blog Archives

Do Makers of Children’s Connected Toys Need a Time-Out to Comply with COPPA?

Ask a parent about their biggest concern when it comes to having their young children log too much screen time on tablets or smart phones, and you’re likely to hear answers ranging from poor academic performance to simply not getting outside more to blow off steam.

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The Pursuit of “Truth” in Advertising: Data

As mentioned in my previous two posts (found here and here), I gave a presentation at the 40th Annual Association of National Advertisers/Brand Activation Association Marketing Law Conference titled “The Pursuit of ‘Truth’ in Advertising.” It explored how consumers view the truth in this era of fake news and alternative facts, and how this changing understanding of the truth has affected the advertising ecosystem and the practice of advertising law. Today, I will share the third installment in my series of highlights from my presentation.

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The Pursuit of Truth in Advertising: Regulatory

As mentioned in my previous blog post, I gave a presentation at the 40th Annual Association of National Advertisers/Brand Activation Association Marketing Law Conference titled “The Pursuit of ‘Truth’ in Advertising.” It explored how consumers view the truth in this era of fake news and alternative facts, and how this changing understanding of the truth has affected the advertising ecosystem and the practice of advertising law. Today, I will share the second installment in my series of highlights from my presentation.

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The Pursuit of “Truth” in Advertising: Social Media

It was another successful year in Chicago at the 40th Annual Association of National Advertisers/Brand Activation Association Marketing Law Conference. During Friday’s general session, I gave a presentation titled “The Pursuit of ‘Truth’ in Advertising,” taking a look at how consumers view the truth in this era of fake news and alternative facts, and how this changing understanding of the truth has affected the advertising ecosystem and the practice of advertising law. In the next series of posts, I will share some highlights from my presentation. Let’s dive into the first one…

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Augmented Reality Leapfrogs Its Virtual Cousin, but Will Legal Questions Slow Its Momentum?

Flip back through articles, columns, tweets and other prognostications from marketing pundits over the past decade plus, and you’ll see a common theme: it’s going to be a big year for virtual reality (VR) and augmented reality (AR).

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How the Blockchain Can Help Digital Advertising Achieve Next-Level Growth

Perform a quick Google news search for “digital advertising” and it’s quickly apparent that transparency — or a perceived lack thereof — is an issue that runs rampant in the industry. In other words, how does the math calculating impressions, clicks and other key metrics add up behind the screen? Perform the same search engine query for “blockchain,” the basis of cryptocurrencies such as Bitcoin, and it’s equally obvious that transparency is among the biggest boons for the decentralized and mutually-verifiable digital ledger.

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#MeToo Revives Old Hollywood Morals Clauses

Since coming to the forefront in 2017, the #MeToo and #TimesUp movements have made an indelible mark on Hollywood and on Madison Avenue. My colleagues, James Johnston, Josh Gordon, and Samantha Rothaus wrote a timely piece about the impact in the latest edition of Trends in Marketing Communications Law, Davis & Gilbert’s annual publication surveying the law affecting marketers and their agencies. Though the long-term ramifications of these movements are still playing out, as my colleagues noted, one impact is clear. #MeToo has caused studios and agencies to revive old contractual provisions like the “morals clause” (in addition to popularizing the new “inclusion rider” provision).

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California’s Privacy Law Sets Manageable Tone

California sets the standard for the rest of the country in a lot of areas—now, we can add privacy regulation to the list, as discussed by my colleagues Richard S. Eisert and Gary A. Kibel in a recent Davis & Gilbert client alert. This summer, California passed a bill known as the California Consumer Privacy Act of 2018, imposing rigorous privacy-related obligations on entities that do business in the state. Some have called the act “GDPR-light” since it implements some concepts similar to those in the new European law.

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ILN Today Post

FCC Proposes $13.3M Fine Against Sinclair Broadcast Group for Apparently Violating Sponsorship Identification Rules

The Federal Communications Commission (FCC) has proposed to fine Sinclair Broadcast Group, Inc. (Sinclair) $13,376,200 because it apparently failed to make required disclosures regarding paid-for broadcast programming. The proposed fine is the largest ever under the FCC’s sponsorship identification rules and is part of the growing trend by regulators taking serious action to ensure that relevant material information is disclosed to consumers in an appropriate manner.

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The (Exaggerated?) Death of the Press Release

Brand messaging shows up everywhere these days, from the screens in our pockets to the sides of sports stadiums. The ubiquity of brand content makes the fight for ever-decreasing attention spans only tougher as the number of communications platforms multiplies. It’s enough to make traditional forms of messaging, like the press release, obsolete.

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