Ad Law News and Views-February 1, 2017
February 1, 2017
In this issue
Recent News | Analysis Upcoming Events and Speeches
The Team | Recent Awards | Follow the Practice
Recent News
New NAD Decision Addresses Product Reviews

FTC Staff Report Details Best Practices for Cross-Device Tracking

FTC Announces Settlement with Uber over Allegedly Deceptive Earnings Claims; Commissioner Ohlhausen Dissents

Announcing the Advertising and Privacy Law Webinar Series


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Analysis 
Marketing in a Multi-Device World: Update on Cross Device Tracking

On January 25, Kelley Drye hosted a webinar on maintaining transparency and respecting consumer choice while achieving marketing objectives. Megan Cox, Attorney at the Federal Trade Commission, J. Jurgen Van Staden, Vice President, Policy & Technology at the Network Advertising Initiative, and partner Dana Rosenfeld discussed recent law enforcement activity, such as the FTC’s recent settlement with Turn Inc., as well as self-regulatory guidance and enforcement issues surrounding cross device information tracking and uses. For a copy of the slide deck, please click here. To sign up for future webinars, please click here and sign up to receive communications from the Advertising and Marketing practice group.


Has the Supreme Court’s Resolution of Spokeo Played Out as Expected?

Partner Lee S. Brenner and senior associate Cathy D. Lee co-authored the Bloomberg BNA article “Has the Supreme Court’s Resolution of Spokeo Played Out as Expected?” On May 16, 2016, the United States Supreme Court held in Spokeo Inc. v. Robins that a consumer cannot satisfy the injury-in-fact demands of Article III by alleging only a bare procedural violation of a statute, divorced from any concrete harm. The article examines the Spokeo decision and how that case impacted litigation in various contexts, including data privacy, the Truth in Lending Act (TILA), the Fair and Accurate Credit Reporting Act (FACTA), and the Telephone Consumer Protection Act (TCPA). Read more...


Self-Regulation of Interest-Based Advertising and Cross-Device Tracking

Partner Dana Rosenfeld co-authored the What’s In Store article “Self-Regulation of Interest-Based Advertising and Cross-Device Tracking.” In this article they discuss the organizations working to balance the benefits of interest-based advertising with privacy concerns. Read more...

The Attack On Social Media Influencer Campaigns 

Partner Gonzalo Mon authored the Law360 article “The Attack on Social Media Influencer Campaigns.” In the article, he notes that four consumer groups have sent letters to FTC encouraging the agency to investigate the use of influencers on Instagram. The combined letters include over 150 examples of campaigns that allegedly violate the FTC’s Endorsement Guides. Read more...
Upcoming Events and Speeches
 
  2017 Consumer Protection Conference  
February 2, 2017 |ATLANTA, GA
American Bar Association's Section of Antitrust Law  
William C. MacLeod
     
  Toys for Sale: IoT Devices and Connected Kids
February 15, 2017 |WEBINAR
American Bar Association 
Dana B. Rosenfeld
     
  Doing Data Right: Legal Best Practices for Making Your Data Work  
March 16, 2017 |SAN JOSE, CA
Strata + Hadoop World 2017 
Alysa Zeltzer Hutnik, Crystal N. Skelton
     
  Multi-State Privacy/Security Investigations: Expert Roundtable   
April 20, 2017 |WASHINGTON, DC
Global Privacy Summit 2017 
Alysa Zeltzer Hutnik
     
  Impact of the 2016 Election on Antitrust and Consumer Protection Class Actions 
April 27, 2017 |SEATTLE, WA
Law Seminars International's Litigating Class Actions 
Jeffrey S. Jacobson