Ad Law Access : Washington D.C. Advertising Lawyer & Attorney : Kelley Drye & Warren Law Firm : New York, Chicago, Connecticut, New Jersey, Brussels

On Tuesday, the Federal Trade Commission announced final revisions to the guidance it gives to advertisers on how to keep endorsement, testimonial, and other digital ads in compliance with the FTC Act, ".com Disclosures, How to Make Effective Disclosures in Digital Advertising." The Revised Guide expands on the initial version released in 2000 by providing important insight into how advertisers should address the likelihood that different mediums may be used to view the same ad, and the increasing prevalence of space-constrained ads such as banner ads and tweets.

For instance, the Revised Guide explains that advertisers must account for the anticipated use of smartphones and tablets by either creating a mobile-optimized version that the ad will default to or designing the ad such that disclosures are clear and conspicuous regardless of how they are viewed. Additionally, the Revised Guide sets forth new considerations for advertisers using space-constrained ads, including the capacity to use short form disclosures such as “Ad:” and the possibility of republication by consumers.

For more information, see the Kelley Drye client advisory.
 

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Mobile marketing, sweepstakes and services, including location-based services, are governed by an alphabet soup of statutes and regulations: TCPA, COPPA, CAN-SPAM, CPNI, etc. To complicate compliance even further, numerous class action lawsuits in state and federal courts have addressed issues and nuances that the Federal Communications Commission, Federal Trade Commission, and state regulatory agencies or legislatures have not.

On November 16th, Kelley Drye held a webinar which discussed the new rules of the road for mobile communications, marketing, and sweepstakes, and offered suggestions for reaching consumers while mitigating the legal risks.

Click here to download the slides from the webinar and click here to watch the recording.

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Mobile marketing, sweepstakes and services, including location-based services, are governed by an alphabet soup of statutes and regulations: TCPA, COPPA, CAN-SPAM, CPNI, etc. To complicate compliance even further, numerous class action lawsuits in state and federal courts have addressed issues and nuances that the Federal Communications Commission, Federal Trade Commission, and state regulatory agencies or legislatures have not. This Kelley Drye webinar will discuss the new rules of the road for mobile communications, marketing, and sweepstakes, and offer suggestions for reaching consumers while mitigating the legal risks.

Topics Include:

• An overview of the legal landscape, including the key regulators and their jurisdiction.
• Guidelines for text message campaigns.
• Recent developments on “robocalls.”
• Marketing to children.
• Location-based services and the use of location information.
• Mobile sweepstakes and contests.
   

Kelley Drye Speakers:

Steven A. Augustino, Partner

John J. Heitmann, Partner

Gonzalo E. Mon, Partner

Date:

October 30, 2012
12:00 PM - 1:00 PM EDT

Location:
Webinar

Additional Information:

Registration is free of charge. Please click here to register.

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Live in Los Angeles or via webinar, please join Kelley Drye & Warren LLP on April 23 for an afternoon program covering privacy-related trends in enforcement, class action litigation, and insurance recovery. Click here to register for the webinar.

Privacy Law Symposium and Webinar: Enforcement, Litigation and Risk Management

Avoiding an FTC Privacy Investigation and What To Do When You Find Yourself the Target of One
A number of data practices are clearly catching the FTC’s eye. Kelley Drye privacy attorneys Dana B. Rosenfeld and Alysa Z. Hutnik will discuss which business practices are most likely to draw the FTC’s attention, and practical steps that businesses can take to reduce their risk of becoming the next target of an FTC privacy investigation or improve their defenses if businesses are investigated. And for those companies that do find themselves at the center of an investigation, learn key practice pointers that should go into every business’s strategy when determining how best to respond to the investigation.

Top Issues in Class Action Lawsuits Arising Out of Privacy, Data Security, and New Media Technology
California is a hotbed for consumer class action lawsuits, and business practices involving the collection and use of personally identifiable information can often prompt class actions. Kelley Drye litigators Keri E. Campbell and Lauri A. Mazzuchetti will discuss the top issues at play in class action suits involving privacy, information security, mobile applications, and related areas.

Insurance Coverage for Data Privacy Liability - Do You Already Have It, and If Not, Can You Buy It?
Companies suffering data security breaches have had varying degrees of success in their efforts to obtain insurance coverage for their liabilities and costs of defense. Kelley Drye insurance recovery lawyers Edward E. Weiman and Richard D. Milone will provide an overview of the types of insurance coverage potentially available in the data privacy context, focusing on which types of policies might apply, which arguments are likely to prevail to establish coverage, and what practical steps a company should take to maximize its insurance recovery in the event of a data breach.

Date:
Monday, April 23, 12:00 – 3:00 PM Pacific
Lunch begins at noon, with formal program to start at 12:30 PM.

Location:
Kelley Drye & Warren LLP
10100 Santa Monica Blvd.
Twenty-third Floor
Los Angeles, CA 90067
(301) 712-6199

RSVP:

To attend live in LA, email adlaw@kelleydrye.com or contact Cassidy Russell at 202.342.800.

To attend remotely by webinar, click here to register.

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ICANN made its move to launch the new generic Top Level Domains (gTLDs), the biggest change to the structure of the Domain Name System since its inception 25 years ago. (A gTLD is the name to the right of the dot in a domain name address -- not to be confused with domain names, which are to the left of the dot). Now, whether your organization plans to adopt a gTLD or not, it needs to move to devise a winning strategy.

Join Kelley Drye on December 7th at the Tower Club in Vienna, VA, for a free seminar that will explore what opportunities may be exploited, by whom, and when, and discuss what may be done to protect your organization's interest in this vastly changing Internet environment.

We will:

• Explain the new gTLD system and application process, including highlighting important myths and misconceptions.
• Discuss the marketing and branding opportunities for owners of gTLDs, but the game is open to more than simply those players. Understand this new way of doing business and what types of consulting, technology, management, and other moneymaking opportunities new gTLDs may create.
• Outline some key rules and regulations that will govern how your organization will play.
• Assess the risks in joining or not joining the game at this time. Don't be a simple pawn, move to preserve your position for the future - especially if your competitors are in the first round of new gTLD applicants. If nothing more, act now to get the authorities in your organization to make an informed decision as to what they need to do.

SPEAKERS:
Nancy Lutz, Partner, Kelley Drye & Warren LLP
Sarah Langstone, Director of Product Management, VeriSign, Inc.
Alexa Raad, Founder, Architelos Inc.

DATE:
December 7, 2011 8:00 AM -10:00 AM ET

LOCATION:
The Tower Club
8000 Towers Crescent Drive
17th Floor
Vienna, Virginia 22182

Email dcevents@kelleydrye.com to register.

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We are pleased to announce that Kelley Drye is expanding its national presence by merging with White O'Connor Fink & Brenner LLP, a highly respected Los Angeles litigation firm best known for its success in complex business and entertainment industry litigation.

This merger returns Kelley Drye to California and adds a significant new expertise in the entertainment and media industry. White O’Connor’s attorneys strengthen Kelley Drye’s capabilities in several other key practice areas and bring a well-established record of trial victories. They have defended and prosecuted a wide range of cases, including entertainment, First Amendment, insurance recovery, media-related torts, real estate, copyright, trademark, antitrust, class actions, and other complicated commercial disputes.

To learn more, see our press release and review the practice group description on our website.

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