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 amounts…

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,…

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 and is now available for on-demand…

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…

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 that: “The effect…

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…

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. The Better Business Bureau’s NAD offers a self-regulatory mechanism for remedying false advertising claims made in nationally distributed advertisements. The system is designed to provide a streamlined…

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…