Tag Archives: Davis & Gilbert

ILN Today Post

Enhancing the Likelihood of Enforcement of a Forum Selection Clause in an Online Contract

Companies that do business with parties located in another nation, state or even county may include a “forum selection clause” in their contracts to provide the predictability, advantage or convenience of litigating any contract disputes in a specific court or arbitration forum. A recent decision from a New York state court underscores that, to be enforceable under New York law, a forum selection clause in an online contract must be “reasonably communicated” to the customer.

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Davis & Gilbert is pleased to welcome Adam Levy, Associate, to the firm’s Insolvency, Creditors’ Rights & Financial Products Practice Group.

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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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Digital Media, Technology & Privacy Alert >> With GDPR Deadline Looming, Ad Tech Community Proposes Collaborative Industry Solution

With only a few months to go before the European Union’s General Data Protection Regulation becomes enforceable, the Interactive Advertising Bureau’s Technology Laboratory (IAB Tech Lab) has published an advisory that seeks to explain how ad tech companies can comply with the new rules through a collaborative information sharing process.

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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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FTC Announces First COPPA Action Involving Connected Toys

A Hong Kong-based electronic toy manufacturer and its U.S. subsidiary agreed to pay the Federal Trade Commission (FTC) $650,000 to settle allegations that they violated the Children’s Online Privacy Protection Act (COPPA) by collecting personal information from children without providing appropriate notice and consent, and by failing to take reasonable steps to secure the data that they collected. Notably, this is the FTC’s first COPPA case involving connected toys, but it may not be its last, as connected toys continue to play a more prominent role in children’s lives.

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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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2017 M&A activity for PR firms: The year of the ‘tuck-in’ transaction

My last column for 2017 is an appropriate time to look back at the consolidation, merger, and acquisition activity by and among PR firms.

According to data compiled by my law firm, there were 103 publicly announced and completed transactions worldwide in 2017 involving public relations firms. This reflects an increase of 14% in completed, publicly announced transactions from the 89 completed in 2016. This alone is significant because it demonstrates the existence of a robust M&A market for PR firms. Even more noteworthy is the nature and size of many of the transactions, as well as the factors that are causing owners to sell and buyers to buy.

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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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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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