FTC Announces New Notices Concerning Substantiation of Product Claims
Advertisers delight in activating values and hidden desires of consumers using the language of the advertising claim. The “claim” is the part of an ad that makes some claim of superiority for the product being advertised. These days it is difficult to recognize those that are misleading and even downright lies, because most fit into […]
FTC Updates Endorsement Guides 2022 Part I
FTC Updates Endorsement Guides 2022 Part I The Federal Trade Commission (“FTC”) approved a request for public comment related to updating its Guides Concerning the Use of Endorsements and Testimonials in Advertising. These are better known as the “Endorsement Guides” or just the “Guides.” The current version of the Guides can be found at 16 […]
Data Protection & Copyright Law
Globally, non-profits, NGOs, and environmental advocacy organizations are expanding scientific data collection while combining this data with data from third parties. Data scientists increasingly find themselves applying creative thought the the selection of tools and instruments, calibration of those instruments, and the process and selection of data to measure. This combined data is then used […]
AM Days/AFFILIATE SUMMIT WEST 21
TRAFFICKING IN TRUST: HOW TO ENHANCE AFFILAITE ENGAGEMENT Attendees will learn best practices, strategies, and tactics from a seasoned legal professional who works with businesses and regulators at the federal and state levels. We will break down the how, when, where, and what of disclosers and disclaimers as well as recent developments in privacy law […]
Social Media Advertising Tools And User Consent: What Are The Requirements?
Perhaps you’ve seen them, those television and radio ads that talk about the “creepy” nature of some adverting on the Internet that follows consumers across their social media. According to Pew Research, most Americans believe their online activities are being tracked and monitored. The fact is, most companies can and do share data with social […]
What Is Cyberlaw?
On November 13, I had the honor of providing a lecture on Cyberlaw to students at the Boston College Law School. Virtually, of course. I had been asked to talk about trends in Cyberlaw with a specific focus on issues related to intellectual property. So what is Cyberlaw? Simply put, it is the “Rules of […]
Illinois Amends the Freedom From Location Surveillance Act
The latest amendments to the Act provide even more privacy positive aspects. The definition of “electronic device” has been clarified to include any device that enables access to, or use of an electronic communication service that provides the ability to send or receive wire or electronic communications, including wireless communications connecting the device to a […]
ICYMI – Cyber Security & Forensics “Data At Risk” 2017
In case you missed this year’s ForenSecure Conference on Cyber Security and Data Forensics, there is a link below to my presentation. To give you an idea how fast the law is changing in these areas, you need look no further than the state of New Mexico. New Mexico joined 47 other states when it […]
Trends in Digital Marketing
Digital Healthcare Continues to Evolve Widespread distribution of digital communications technology (phone, tablets, ultra-portable laptops, gaming devices) has changed the nature of marketing. However, medical practices and other healthcare providers are reluctant to use digital marketing techniques. While most industries move away from the distribution of massive, shotgun-style email and snail-mail campaigns and toward targeted, […]
Cybersecurity is one of the top risks organizations must manage in 2017
This article first appeared in THE LEGAL SIDE OF TECH on CIO.com here. Recent high-profile data breaches highlight the challenges in understanding how laws apply to a wide variety of information management scenarios and a host of other regulatory, compliance and legal issues. Cybersecurity and privacy continue to make headlines. Experts have more questions than […]