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Entries tagged “Advertising”

Crisis Management at the Intersection of Marketing, Privacy, Security and Reputation

Tuesday, April 23rd • 1 PM ET - (1 CLE Credit ) You can view the presentation materials here. Now, even more than ever, as increased numbers of people are working, schooling and playing at home or at other remote locations, the value of online and mobile advertising and promotions has increased substantially. At the same time, the

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Rimon’s Joe Rosenbaum for Thomson Reuters, Practical Law: “Complying with New York Sweepstakes Law”

Insight Joseph I. (“Joe”) Rosenbaum Joseph I. (“Joe”) Rosenbaum · December 07, 2018
Joe Rosenbaum provides insights as contributing editor to a Practice Note from Practical Law. The piece discusses the key legal issues to consider when planning and advertising a sweepstakes or game of chance in New York. It covers the difference between contests and sweepstakes as well as free alternative method of entry (AMOE), official rules,

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Fake News, Troubled Celebrity Endorsements & Social Media

Insight Joseph I. (“Joe”) Rosenbaum Joseph I. (“Joe”) Rosenbaum · August 01, 2018
On Tuesday, July 24, 2018, I had the privilege of presenting a live, interactive, video-conference program and course entitled “A Perfect Storm: The Intersection of Fake News, Celebrity Endorsements & Social Media,” sponsored by Lawline. The course was broadcast live and also recorded at Lawline’s Studio in lower Manhattan

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FTC Warns Celebrities Over Social Media Endorsements

Insight Joseph I. (“Joe”) Rosenbaum Joseph I. (“Joe”) Rosenbaum · June 08, 2017
The Federal Trade Commission (FTC) has been trying for years to make so-called "influencers" clearly disclose when they are being paid for, or otherwise benefit financially from, promoting a product over social media so audiences are aware of the incentive involved in that promotion. In a news release, the FTC said it sent more than 90 letters to

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Rimon’s Mark Diamond quoted in the Hedge Fund Law Report on Performance Advertising

News December 05, 2013
The Hedge Fund Law Report quoted Rimon's partner Mark Diamond for his view on the effects of clawback and backtesting in determining gross results for use in performance advertising.  The October 25, 2013 article is entitled "Can Hedge Fund Managers Use Gross (Rather Than Net) Results in Performance Advertising?" Mark Diamond noted

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NAD Knocks HARMONY No-VOC Claims

Insight February 16, 2011

When engaging in national advertising (including via websites), green claims must make clear to which aspect of a product line or business they apply.  Claims must be substantiated by evidence, which companies should be prepared to provide in the event that it is sought by consumers or competitors.   Failure to substantiate one’s green claims may result in a NAD or FTC proceeding, or worse yet, false advertising litigation.


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BBB Offers Mechanism to Prevent Deceptive Ads

Insight Yaacov P. Silberman Yaacov P. Silberman · December 17, 2010

As we await the release of the FTC Green Guides, advertisers also should be aware of the BBB’S National Advertising Division (“NAD”) as a potential means for dispute resolution for false advertising claims.

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Watch out greenwashers; here comes the FTC

Insight August 23, 2010

The Federal Trade Commission ("FTC") was created in 1914 to regulate unfair trade practices. It issued its first set of Guides for the Use of Environmental Marketing Claims (commonly known as the Green Guides) under in 1992, which it then updated in 1996 and 1998. The Green Guides are meant to provide guidance to marketers so they can avoid making unfair and/or deceptive environmental advertising claims. Imagine that! Technically, the Green Guides informally interpret Section 5 of the FTC Act (15 U.S.C. §§ 41-58) ("The Act"), which governs unfair and/or deceptive advertising claims, including claims about environmental benefits and practices. Essentially, the Guides are a play book for how to stay out of trouble with the FTC.

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