Over the years there have been a number of promotions that just exploded beyond a brand’s expectations. In 2009, Oprah decided to treat the whole Internet to two pieces of KFC’s new Kentucky Grilled Chicken by promoting a...more
Online videos are powerful marketing tools. We’ve all been there when you watch one video on your phone and suddenly realize you’ve wasted hours watching clips of a dog skateboarding, a step-by-step tutorial on making a...more
Meet Lil’ Miquela. -
She has 1.2 million Instagram followers: She’s modeled such famous brands as Diesel, Versace, Fendi and Chanel. In March, she appeared in a fashion spread in V Magazine as “The Face of New Age...more
Bobblehead: “A figurine with a disproportionately large head mounted on a spring so that it bobs up and down, often made as a caricature of a famous person.”
Giveaway: “A thing that is given free, especially for...more
Remember that song in the ‘90s from the C+C Music Factory called “Things That Make You Go Hmmm….” I guess I did when I came across some recent promotions. Perhaps these practice tips will stay with you longer than C+C’s 15...more
6/13/2018
/ Advertising ,
Commercial Co-Ventures (CCVs) ,
Contests & Promotions ,
Disclosure Requirements ,
Opt-Outs ,
Prior Express Consent ,
Social Media ,
Sweepstakes ,
TCPA ,
Trump Administration ,
Young Lawyers
“Beer: The cause and solution to all of life’s problems.”
Mr. Homer J. Simpson would love the recent case of a Massachusetts craft beer company that has been trying in federal court to get the employment website Glassdoor...more
5/23/2018
/ Amended Complaints ,
Breweries ,
Business Disparagement ,
Communications Decency Act ,
Confidential Information ,
Conspiracies ,
Consumer Protection Act ,
Defamation ,
Fraud ,
Intellectual Property Protection ,
Internet Speech ,
Motion to Dismiss ,
Online Platforms ,
Online Reviews ,
Proprietary Information ,
Section 230 ,
Tortious Interference ,
Trade Secrets
As the esteemed Secretary of Defense under two presidents has said:
Reports that say something hasn’t happened are always interesting to me, because as we know, there are known knowns; there are things we know we know. We...more
On May 14, 2018, the U.S. Supreme Court declared that the Professional and Amateur Sports Protection Act (PASPA) was unconstitutional – meaning it’s up to the states to decide whether to allow its residents to bet on sports....more
5/15/2018
/ Anti-Commandeering ,
Appeals ,
Constitutional Challenges ,
Murphy v National Collegiate Athletic Association ,
NCAA ,
PASPA ,
Reversal ,
SCOTUS ,
Sports Gambling ,
State Sovereignty ,
States Rights ,
Tenth Amendment
On April 23, 2018, 13 disgruntled senior citizens, led by a retired and disabled veteran who for seven years purchased hundreds of items from Publishers Clearing House (PCH) believing this would increase his chance of winning...more
The European Union’s new data privacy rules are set to take effect May 25 and will have broad implications for businesses across industries. Robert Laplaca of Verrill Dana discusses how the new rules will affect online...more
5/5/2018
/ Consent ,
Contests & Promotions ,
Corporate Branding ,
Cross-Border Transactions ,
Data Collection ,
Data Security ,
EU ,
General Data Protection Regulation (GDPR) ,
Penalties ,
Personal Data ,
Privacy Policy ,
Sweepstakes
Advertising lawyers when giving advice to clients on promotional programs and advertising disclosures are always asked by their clients, why must we do it that way when XYZ company isn’t? The answer is usually somewhere...more
On April 20, 2018, Judge John A. Woodcock, Jr. of the US District Court of Maine issued a well-reasoned 39 page decision granting an injunction against the National Endowment for the Arts (NEA) from prohibiting a high school...more
As was made pretty clear last week from the 1,400 hours of Congressional testimony by Mark Zuckerberg, the USA may want to follow the lead of the EU and adopt laws similar to the General Data Protection Regulation (GDPR). For...more
4/18/2018
/ Consent ,
Contests & Promotions ,
Data Collection ,
Data Privacy ,
Data Protection ,
EU ,
General Data Protection Regulation (GDPR) ,
Opt-In ,
Opt-Outs ,
Parental Consent ,
Personal Data ,
Personally Identifiable Information ,
Privacy Policy ,
Sweepstakes