Advertising Law: What’s New for 2013 and Beyond?
Overview:With today’s stringent competition in advertising, marketers view online media as an avenue to effectively promote their products. And today, as they continuously search for ways to connect with their clients using this medium; they too have conquered the world of blogs and social media. But even this modern and easy way of advertising can bring you down
Join this LIVE webcast and hear it from our panel of experts! This two-hour session will tackle the most significant advertising issues in using online media. This will also cover the following: (1) False advertising claims associated in online advertising; (2) Legal considerations with respect to advertising in online media; and (3) best practices that can help your company avoid potential and costly pitfalls.
The panel will also be available to answer questions and illuminate the latest regulations for participants.
Lesley Anne Fair, Senior Attorney, Bureau of Consumer Protection,
Federal Trade Commission
- Incorporating social media in your marketing: Tips for avoiding legal hot water
- The FTC’s revised Enforcement Guides: A survey of recent law enforcement actions – and special considerations when using bloggers in ad campaigns
- Consumer privacy considerations when using social media
Lawrence I. Weinstein, Partner,
- Important new Lanham Act false advertising developments and decisions
- Important new Consumer Class Action deceptive advertising developments and decisions
Scott W. Pink, Special Counsel,
o What is the standard used to determine an advertiser’s liability for false advertising claims based on a blog post or social media postings?
- Discuss general standards of liability and how they apply or may different in online or social media – this focuses not so much on the elements on liability but when is a claim attributed to the advertiser itself.
- Discuss recent Facebook decision in Australia and whether a similar standard is likely to occur in the US.
o What is the scope of an advertiser’s immunity from false advertising claims under the Communications Decency Act for blog posts from third parties?
- Discuss Quizno’s/Subway case
- Discuss recent NY decision regarding CDA immunity as well as other relevant cases.
What material can an advertiser use from social media and blog posts in their own advertising?
- Discuss right of publicity and intellectual property concerns.
o What are an advertiser’s obligations to monitor and remove blog posts to avoid liability for false advertising?
o What steps should an advertiser take to ensure that blogs and blog posts comply with the FTC Testimonial Guidelines?
- When do user posts regarding a company’s products or services become an endorsement or testimonial attributable to that company?
- What obligations do companies have to monitor posting to ensure compliance with such guidelines?
- Discuss some example cases such as the NAD’s action with respect to Nutrisystem’s use of Pinterest
- Discussion of the evolving standards of liability relating to advertising using blogs and social media sites:
- Practical Steps to mitigate risk and liability
Sarah Butler, Vice President,
NERA Economic Consulting
- How to measure false advertising – survey basics
- Who survey
- What to show respondents
- What is an appropriate control
- What to ask
- How to analyze the data
- How do methods and approaches differ because we are looking at blogs and social media?
- Some key or interesting cases that used surveys or consumer data
Janet Cullum , Partner,
Trademark, Copyright and Rights of Privacy and Publicity for Bloggers
- Trademark and Copyright Issues
- Fair Use
- Secondary Liability
- Rights of Privacy and Publicity
- Use of Celebrity Names, Images, Personas
- Public Disclosure of Private Facts
- First Amendment Protections
Who Should Attend:
- In house Lawyers
- Outside Counsell
- Advertising Lawyers
- Legal Officers
- Marketing & Advertising Directors
- Brand Managers
- Marketing Executives
- Advertising Professionals
- Marketing Professionals
- Entertainment/Media Professionals
Lesley Fair is a Senior Attorney with the Federal Trade Commission’s Bureau of Consumer Protection, where she has represented the FTC in numerous investigations of false advertising and deceptive practices. She now specializes in industry education and compliance, and blogs at the business.ftc.gov. A Vice Chair of the Consumer Protection Committee of the ABA’s Section of Antitrust Law, Lesley is on the adjunct faculty of the Catholic University Law School and the George Washington University Law School. She clerked for U.S. District Judge Fred Shannon and served as Staff Law Clerk to the U.S. Court of Appeals for the Fifth Circuit. She graduated from the University of Notre Dame and the University of Texas School of Law.
Lesley Fair is a Senior Attorney with the Federal Trade Commission’s Bureau of Consumer Protection, where she has represented the …
Lawrence I. Weinstein is a Partner in Proskauer’s Litigation Department and co-head of the firm’s renowned False Advertising & Trademark Group. He has been recognized as a preeminent litigator in the field of advertising and trademark law by all the national rating services.
In every year since their inception, Chambers USA, US Legal 500 and US News & World Report have given Proskauer’s advertising litigation practice their coveted Tier 1 rating. Institutional Investor Magazine’s Benchmark Litigation 2012 survey named Larry as one of New York State’s “litigation stars,” an honor it also accorded him in its 2011 inaugural survey.
Larry’s practice covers a broad spectrum of intellectual property law, including false advertising (Lanham Act, consumer class actions, NAD, NARB, ERSP, FTC), trademark, trade secret and copyright matters, as well as sports, art and other complex commercial cases.
His clients include owners and advertisers of the world’s most well-recognized brands, a global sports federation, media companies, an environmental organization, hospitals and art collectors.
Lawrence I. Weinstein is a Partner in Proskauer’s Litigation Department and co-head of the firm’s renowned False Advertising & Trademark …
Scott heads up DLA Piper’s Advertising and Marketing Law Sub-Group and serves as the lead outside advertising and marketing counsel to several well-known brands. He regularly speaks on advertising and marketing law issues. He also advises technology, media, entertainment and a variety of consumer product and franchise companies on intellectual property protection and litigation, trademark and copyright protection, commercial and technology transactions, e-commerce, social media and Internet law, and privacy and security issues. Scott has been recognized in his field of expertise as both a Best Lawyers in America and a Northern California Super Lawyer.
Scott heads up DLA Piper’s Advertising and Marketing Law Sub-Group and serves as the lead outside advertising and marketing counsel …
Ms. Butler is an expert in survey research, sampling, market research, statistical analysis, and database analysis. She has applied her expertise in a wide range of projects and litigation cases. In the area of intellectual property, she has focused on survey research and analysis related to trademarks, patents, and false advertising including surveys to establish likelihood of confusion, secondary meaning, and dilution. In the antitrust area, she has designed and evaluated surveys offered to estimate market shares and as evidence of cross shopping behaviors. She has also reviewed secondary market research, with a focus on evaluating its reliability as evidence in antitrust analyses. In antitrust, as well as the areas of water and the environment, Ms. Butler has designed and evaluated complex willingness to pay and hypothetical choice surveys.
In mass torts, her experience includes asbestos, tobacco, and pharmaceuticals. She has worked extensively with large databases of claims files to generate invoices, estimate future liabilities, and calculate policy shares for insurer liabilities. Ms. Butler has also examined demographic and epidemiological data for pharmaceutical litigation. She has conducted surveys of consumers, physicians, and IT professionals, and has designed samples using insurance records, legal documents, real estate transactions, and radio play lists.
Prior to joining NERA, Ms. Butler worked in market research, conducting survey research, focus groups, and in-depth interviews.
Ms. Butler is an expert in survey research, sampling, market research, statistical analysis, and database analysis. She has applied her …
Janet Cullum is a partner in Cooley LLP’s New York office. Her practice focuses on intellectual property and related legal issues for companies in the ecommerce space. Janet has litigated groundbreaking cases addressing the application of the laws of trespass, trademark, copyright, defamation and privacy to the conduct of business online. She also counsels clients in the selection and adoption of trademarks, the legal aspects of advertising and enforcement and registration of copyrights. The former Chair of Cooley’s Litigation Department and a recognized expert on IP law on the Internet, Janet was a prominent member of the Silicon Valley community for many years before relocating to Cooley’s New York office. In addition to representing market leading companies in social networking, technology and consumer products, she is a frequent speaker on the legal issues arising in the areas of online commerce, social media, privacy and Internet advertising.
Janet Cullum is a partner in Cooley LLP’s New York office. Her practice focuses on intellectual property and related legal …
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On-demand Webcast (CLE)
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Federal Trade Commission
NERA Economic Consulting
About Federal Trade Commission
Proskauer is a global law firm advising clients worldwide from offices in Beijing, Boca Raton, Boston, Chicago, Hong Kong, London, Los Angeles, New Orleans, New York, Newark, Paris, São Paulo, and Washington, DC. The firm has broad experience in all areas of practice important to businesses, not-for-profit institutions and individuals.
The partners in our False Advertising practice litigate false advertising cases in federal and state courts and before the NAD and NARB, with a stellar track record in both jury and non-jury cases, and counsel clients on advertising substantiation law and strategy every day. They bring to these tasks a deep understanding not only of the law, but also of scientific test methods, statistics and consumer surveys.
Proskauer’s experience and sophistication in the False Advertising area is unparalleled. Chambers USA, US Legal 500 and US News-Best Lawyers consistently rank our capabilities as Band One, with the group’s co-heads, Brendan O’Rourke and Larry Weinstein, receiving top rankings individually as well.
About DLA Piper
In the US, DLA Piper represents many of the world’s leading companies across industries, as well as emerging businesses, financial institutions and professional firms. We offer legal counsel on a wide range of issues in every major business, financial and technology center in the US, where our lawyers have both local and national experience. Globally, we have 4,200 lawyers in 31 countries, enabling us to offer our clients comprehensive cross-border counsel wherever they need us.
About NERA Economic Consulting
NERA Economic Consulting (www.nera.com) is a global firm of experts dedicated to applying economic, finance, and quantitative principles to complex business and legal challenges. For over half a century, NERA’s experts have been creating strategies, studies, reports, expert testimony, and policy recommendations for government authorities and the world’s leading law firms and corporations. We bring academic rigor, objectivity, and real world industry experience to bear on issues arising from competition, regulation, public policy, strategy, finance, and litigation.
Website: NERA Economic Consulting
About Cooley LLP
Cooley LLP is an international law firm for the converging worlds of technology, finance and high-stakes litigation. Our attorneys are counselors, strategists and advocates to the foremost private and public companies. As one of the leading litigation practices in the country with many seasoned trial lawyers, we frequently argue and win precedent setting cases. The Firm’s business and litigation practices reach across a broad array of dynamic industry sectors, including technology, life sciences, clean tech, real estate, financial services, retail and energy. With 650 attorneys throughout the United States and in Shanghai, Cooley has the range and expertise to help companies of all sizes seize opportunities and secure their successes around the world.