Posts from 2006.

The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.

The FTC has announced a January 25, 2007 workshop on marketing programs with negative option features.

Sixteen state attorneys general, led by California, jointly announced $14.5 million dollar settlement agreements on December 12, 2006 with Chase Bank and Trilegiant Corp. concerning their direct mail practices.

When Spam Isn't Spam: An Unfiltered Look at Self-Regulation and the Law Behind E-mail

Second Life was clearly generating the most buzz at the 28th Annual Promotion Marketing Law Conference in Chicago on December 12th. Second Life http:/www.secondlife.com is a massive multiplayer online role-playing game (MMORPG), where players create avatars that interact with each other in a large virtual world.

Andrew Lustigman will be leading a roundtable discussion on Direct Marketing Law at the Promotion Marketing Association Annual Law Conference on December 11, 2006 in Chicago.

I write this from the departure gate at Kastrup Airport in Copenhagen, from which I am returning after presenting my paper "Busting Blocks: Appropriate Legal Remedies For Wrongful Inclusion In Spam Filters Under U.S. Law" at the International Conference on Business, Law and Technology.

As the holiday shopping season kicks into full gear, many businesses seek to offer consumers rebates on the product's purchase price.

I am amazed by a front-business page New York Times story - Why Short Sellers Want to Crash The Tupperware Party -- reporting that investors are short selling positions in companies such as Avon Products, Herbalife, and Pre-Paid Legal because of pending Federal Trade Commission rulemaking on business opportunity programs. Wall Street is not only seeking to read tea leaves, but some investors are going so far as to try to influence the promulgation of the regulation in order to advance the value of their short positions.

Jane Pauley, the television news anchor has sued The New York Times and DeWitt Publishing, alleging she was misled to believe she was being interviewed for an article on mental health when she actually was being featured in a special advertising supplement.

Promotions are constantly embracing the latest technology and trends in an effort to capture the public's attention. Currently, Web 2.0 is shaping the Internet and is a driving force behind many promotions. Creating a "Web 2.0 Promotion" presents many new legal challenges that must be considered and carefully evaluated.

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