Posts from September 2011.

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.

Kindle Fire's unusual Web browser, called Amazon Silk, is" cloud-accelerated," and raises concerns.

"It's Fugazi: Assessing Your International Criminal and Civil Enforcement Options"

On September 2, 2011, a National Labor Relations Board Administrative Law Judge declared that a Buffalo, New York not-for-profit employer violated the National Labor Relations Act when it discharged a group of employees who engaged in a Facebook discussion in which they criticized their supervisor and complained about poor working conditions.

The Second Circuit recently clarified that its Verity decision, in which the court found that net profits was the proper measure for a disgorgement award in an FTC action, was limited to situations involving third-party processors.

President Obama, as part of his plan for economic growth and deficit reduction, is proposing to relax a portion of the Telephone Consumer Protection Act as applied to government debt collection efforts.

Andrew Lustigman will be presenting at the National Advertising Division Annual Conference 2011.

The class actions regarding the premium SMS sweepstakes promotions for the play-at- home version of popular TV shows such as American Idol and Deal or No Deal alleging that the contests are illegal lotteries have reportedly been settled.

The recent Supreme Court term resulted in a number of very important decisions that will impact companies engaging in advertising and marketing in the United States. Some decisions, such as Wal-Mart v. Dukes and AT&T v. Concepcion were pro-business particularly in the class action context.

The FTC has been seeking public comment and input for a number of years on whether its regulations under the Children's Online Privacy Protection Act of 1998 need to be revised or updated to address changes in technology and business.

Olshan partner Steven R. Gursky delivered a speech during the dedication of the Dr. Martin Luther King, Jr. National Memorial, commemorating the life and work of Dr. King.

A suggestion that all direct marketers should follow: when a disgruntled customer asks for a refund, give it.

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