Blog Archives

ILN Today Post

PROPERTY AND BUSINESS INTERRUPTION INSURANCE IN LIGHT OF COVID-19

As countless business interruption claims have been asserted with limited success, companies should consider directing their focus to improving and enhancing their insurance policies to ensure coverage would apply to future pandemic scenarios.

COVID-19 Related Insurance Claims

In Studio 417 Inc. et al v. Cincinnati Insurance Co., the U.S. District Court in the Western District of Missouri denied a motion to dismiss the claim by the defendant against a group of hair salons and restaurants suing their insurer for business interruption losses caused by the pandemic, which they say resulted in a “direct physical loss” to their premises. Read more…

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Can Television’s New Golden Age Stay?

On Wikipedia, there are two entries for “The Golden Age of Television.” The first describes a period from the late ’40s to late ’50s, which featured live productions aimed at the affluent viewers who could then afford television sets. The second one, we’re living through now.

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ILN Today Post

Behavioral Advertising Developments: A Compliance Warning and an Enforcement Action

Two significant interest-based advertising (IBA) developments have recently come out of the Online Interest-Based Advertising Accountability Program (Accountability Program), which enforces the principles set forth by the Digital Advertising Alliance (DAA). The first was a compliance warning from the Accountability Program to advertisers serving interest-based video ads online and on mobile devices – currently, a $13.2 billion market. The second was the Accountability Program’s inaugural decision requiring IBA in the cross-deviceworld to be transparent to consumers and give them the opportunity to control this advertising.

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ARGONAUT Taps the Power of Giving

Most professionals can look back to a time in their careers when a selfless individual provided them with guidance, encouragement, or advice. Usually, it was someone more experienced, who had seen and done much more than they had, who provided the needed direction. That small sacrifice, that gift of time and talent, ultimately had a profound impact on their professional journey.

Unfortunately, many people don’t have such a person in their lives. For marginalized members of society, including those dealing with homelessness or addiction, learning the basic skills necessary to find and retain a job is a formidable challenge, especially without help navigating topics like resume building, financial planning, and public speaking.

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ILN Today Post

Fake news, inappropriate content and the rise of the self-policing platform

Over the last year, the online advertising industry has grappled with the threat posed by fake news and incendiary content to online placements. Although advertisers, their agency partners and publishers use a patchwork of solutions to stem the flow of problematic content, the industry has not yet come together to find a cohesive solution. The answer may be to move away from after-the-fact solutions and advertiser-directed monitoring, to publishers and networks offering more robust automated brand-safety solutions that ensure that ads are only placed alongside brand-safe content.

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ILN Today Post

IRS Begins Issuing ACA Penalty Notices to Employers

The Internal Revenue Service (IRS) has made good on its promise to begin issuing Employer Shared Responsibility Payment (ESRP) notices to employers that have not provided adequate health insurance to their employees as required under the Patient Protection and Affordable Care Act (ACA). The ESRP notices being sent out are based on the information the IRS received from employers on their IRS Forms 1094-C and 1095-C for the 2015 tax year. Each ESRP notice includes a proposed ESRP amount for the employer to pay, an explanation for how the proposed ESRP amount was calculated, and IRS Forms 14764 (ESRP Response) and 14765 (Employee Premium Tax Credit Listing).

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Transformation Sweeping Advertising and Marketing: Regulatory

As mentioned, at the 39th Association of National Advertisers/Brand Activation Association Marketing Law Conference, “Breakthrough: Legal Strategies for Dynamic Businesses,” I gave a presentation on the key trends and legal developments sweeping the advertising and marketing ecosystem. Today I will share with you final installment of this series…

Let’s take a look at the regulatory landscape today. The Federal Trade Commission (FTC) has a long history of enforcement against false and misleading advertising.

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Transformation Sweeping Advertising and Marketing: Data

As mentioned, I gave a presentation on the key trends and legal developments sweeping the advertising and marketing ecosystem at last week’s 39th Association of National Advertisers/Brand Activation Association Marketing Law Conference, “Breakthrough: Legal Strategies for Dynamic Businesses.” Today I will share with you the second installment of this series…

The question of who has access to consumer data and device information – and how it gets used – is one that we all need to worry about.  But when it comes to brands, how can they create compelling content to convince a consumer to stay connected and share their data?

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Transformation Sweeping Advertising and Marketing: Influencer Marketing

It was an incredible three days in Chicago at the 39th Association of National Advertisers/Brand Activation Association Marketing Law Conference, “Breakthrough: Legal Strategies for Dynamic Businesses.” During yesterday morning’s general session, I gave a presentation titled “Transformation Sweeping Advertising and Marketing: Key Trends and Legal Developments,” exploring not only the trends and changes in the advertising and marketing ecosystem, but how lawyers can and are responding to keep pace with the industry and their business clients’ demands.  In the next series of posts, I will share some highlights from my presentation. Let’s dive into the first one…

Influencer marketing isn’t just the fastest channel for consumer acquisition – it’s also one of the most cost-effective.  Studies have shown that working … Continue Reading

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ILN Today Post

SAG-AFTRA Commercials Contract Modified to Provide “Free Bargaining” as to Compensation for Low-Budget Digital Productions

Responding to the increased concerns voiced by advertising agencies bound by the 2016 SAG-AFTRA Commercials Contract (Commercials Contract) that they cannot compete on the digital front with their non-union counterparts, on October 19, 2017, SAG-AFTRA and the Joint Policy Committee on Broadcast Talent Union Relations (JPC) issued a joint statement announcing that, effective immediately, the Commercials Contract has been modified to include a waiver for commercial digital low-budget productions.

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