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 downJoin 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.
Agenda:
SEGMENT 1:
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
SEGMENT 2:
Lawrence I. Weinstein, Partner,
Proskauer,
- Important new Lanham Act false advertising developments and decisions
- Important new Consumer Class Action deceptive advertising developments and decisions
SEGMENT 3:
Scott W. Pink, Special Counsel,
DLA Piper
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
SEGMENT 4:
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
SEGMENT 5:
Janet Cullum , Partner,
Cooley LLP
Trademark, Copyright and Rights of Privacy and Publicity for Bloggers
- Trademark and Copyright Issues
- Linking
- 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:
- Attorneys
- 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 …
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 …
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 …
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
NONE
Course Code:
124327
Total Credits:
2.0 CLE
Login Instructions:
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SPEAKERS' FIRMS:
Federal Trade Commission
NERA Economic Consulting
About Federal Trade Commission
About Proskauer
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.
Website: https://www.proskauer.com/
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.
Website: https://www.dlapiper.com/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.
Website: https://www.cooley.com/index.aspx